US (United States) Code. Title 38. Chapter 7: Employees

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. General Provisions

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-CITE-

38 USC CHAPTER 7 - EMPLOYEES 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

CHAPTER 7 - EMPLOYEES

-MISC1-

Sec.

701. Placement of employees in military installations.

703. Miscellaneous authorities respecting employees.

705. Telephone service for medical officers and facility

directors.

707. Benefits for employees at overseas offices who are

United States citizens.

709. Employment restrictions.

711. Grade reductions.

[712. Repealed.]

AMENDMENTS

2001 - Pub. L. 107-103, title V, Sec. 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, Sec. 1102(b), Nov. 2, 1994, 108

Stat. 4681, added item 712.

-End-

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38 USC Sec. 701 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 701. Placement of employees in military installations

-STATUTE-

The Secretary may place employees of the Department in such Army,

Navy, and Air Force installations as may be considered advisable

for the purpose of adjudicating disability 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, or air service.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.)

-MISC1-

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 contained in

section 231 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

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38 USC Sec. 703 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 703. Miscellaneous authorities respecting employees

-STATUTE-

(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 stations to and from school in available

Government-owned automotive equipment.

(c) The Secretary may provide recreational facilities, supplies,

and equipment for the use of patients in hospitals and employees in

isolated installations.

(d) The Secretary may provide for the preparation, shipment,

installation, and display of exhibits, 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 personal property damaged or destroyed

by patients or domiciliary members while such employees 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 affairs of the Department, may use

Government-owned, or leased, vehicles to transport employees 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

appropriation.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 394.)

-MISC1-

PRIOR PROVISIONS

Prior sections 703 and 704 were renumbered sections 1903 and 1904

of this title, respectively.

Provisions similar to those in this section were contained in

section 233 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

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38 USC Sec. 705 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 705. Telephone service for medical officers and facility

directors

-STATUTE-

The Secretary may pay for official telephone service and rental

in the field whenever incurred in case of official telephones for

directors of centers, hospitals, independent clinics,

domiciliaries, and medical officers of the Department where such

telephones are installed in private residences or private

apartments or quarters, when authorized under regulations

prescribed by the Secretary.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395.)

-MISC1-

PRIOR PROVISIONS

Prior sections 705 and 706 were renumbered sections 1905 and 1906

of this title, respectively.

Provisions similar to those in this section were contained in

section 234 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

-End-

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38 USC Sec. 707 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 707. Benefits for employees at overseas offices who are United

States citizens

-STATUTE-

(a) The Secretary may, under such rules and regulations as may be

prescribed by the President or the President's designee, provide to

personnel of the Department who are United States citizens and are

assigned by the Secretary to the Department offices in the Republic

of the Philippines allowances and benefits similar to those

provided by the following provisions of law:

(1) Section 905 of the Foreign Service Act of 1980 (relating to

allowances to provide for the proper representation of the United

States).

(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and

(12) of the Foreign Service Act of 1980 (relating to travel

expenses).

(3) Section 901(13) of the Foreign Service Act of 1980

(relating to transportation of automobiles).

(4) Section 903 of the Foreign Service Act of 1980 (relating to

the return of personnel to the United States on leave of

absence).

(5) Section 904(d) of the Foreign Service Act of 1980 (relating

to payments by the United States of expenses for treating illness

or injury of officers or employees and dependents requiring

hospitalization).

(6) Section 5724a(c) of title 5 (relating to subsistence

expenses for 60 days in connection with the return to the United

States of the employee and such employee's immediate family).

(7) Section 5724a(d) of title 5 (relating to the sale and

purchase of the residence or settlement of an unexpired lease of

the employee when transferred from one station to another station

and both stations are in the United States, its territories or

possessions, or the Commonwealth of Puerto Rico).

(b) The authority in subsection (a) supplements, but is not in

lieu of, other allowances and benefits for overseas employees of

the Department provided by title 5 and the Foreign Service Act of

1980 (22 U.S.C. 3901 et seq.).

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395;

amended Pub. L. 104-201, div. A, title XVII, Sec. 1723(a)(2), Sept.

23, 1996, 110 Stat. 2759.)

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsecs.

(a)(1)-(5) and (b), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat.

2071, as amended, which is classified principally to chapter 52

(Sec. 3901 et seq.) of Title 22, Foreign Relations and Intercourse.

Sections 901, 903, 904(d), and 905 of the Foreign Service Act of

1980 are classified to sections 4081, 4083, 4084(d), and 4085,

respectively of Title 22. For complete classification of this Act

to the Code, see Short Title note set out under section 3901 of

Title 22 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 707 and 708 were renumbered sections 1907 and 1908

of this title, respectively.

Provisions similar to those in this section were contained in

section 235 of this title prior to repeal by Pub. L. 102-83, Sec.

2(a).

AMENDMENTS

1996 - Subsec. (a)(6). Pub. L. 104-201, Sec. 1723(a)(2)(A),

substituted "Section 5724a(c)" for "Section 5724a(a)(3)".

Subsec. (a)(7). Pub. L. 104-201, Sec. 1723(a)(2)(B), substituted

"Section 5724a(d)" for "Section 5724a(a)(4)".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,

1996, see section 1725(a) of Pub. L. 104-201, set out as a note

under section 5722 of Title 5, Government Organization and

Employees.

-EXEC-

EX. ORD. NO. 12228. ALLOWANCES FOR PERSONNEL ON FOREIGN DUTY

Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by

Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:

By the authority vested in me as President of the United States

of America by Sections 7 and 8 of the Defense Department Overseas

Teachers Pay and Personnel Practices Act of 1959, as amended (20

U.S.C. 905-906), Section 235 [see 707] of Title 38 of the United

States Code, and Section 301 of Title 3 of the United States Code,

and in order to delegate authority with respect to allowances for

Veterans Administration [now Department of Veterans Affairs]

personnel and to update existing authorities, it is hereby ordered

as follows:

1-101. Payment of the additional compensation authorized by

Section 8(a)(2) of the Defense Department Overseas Teachers Pay and

Personnel Practices Act of 1959, as amended, shall be governed by

the regulations contained in Executive Order No. 10000, as amended

[set out as a note under section 5941 of Title 5, Government

Organization and Employees], which govern the payment of additional

compensation in foreign areas (referred to as foreign post

differential), subject to the provisions of Section 8(b) of that

Act (20 U.S.C. 906(a)(2) and (b)).

1-102. The following functions vested in the President are

delegated to the Secretary of State:

(a) That part of the functions in Section 7(a) of the Defense

Department Overseas Teachers Pay and Personnel Practices Act which

consists of the authority to prescribe regulations relating to

quarters and quarters allowances (20 U.S.C. 905(a)).

(b) The authority in Section 8(a)(1) of the Defense Department

Overseas Teachers Pay and Personnel Practices Act to prescribe

regulations relating to cost of living allowances (20 U.S.C.

906(a)(1)).

(c) The following authority in Section 235 [see 707] of Title 38

of the United States Code to prescribe rules and regulations:

(1) Section 235(2) [see 707(2)], except as that section

pertains to an allowance similar to that provided for in Section

901(6) of the Foreign Service Act of 1980 (22 U.S.C. 4081(6));

(2) Section 235(3) [see 707(3)];

(3) Section 235(5) [see 707(5)];

(4) Section 235(6) [see 707(6)]; and

(5) Section 235(7) [see 707(7)].

1-103. The following functions vested in the President by Section

235 [see 707] of Title 38 of the United States Code are delegated

to the Administrator of the Veterans Administration [now Secretary

of Veterans Affairs]. The authority with respect to the allowances

or benefits of paragraphs (1) and (4) of Section 235 [see 707(1),

(4)] which are similar to the benefits and allowances provided in

the sections of the Foreign Service Act of 1980 [22 U.S.C. 3901 et

seq.], designated in those paragraphs.

1-104. Executive Order No. 10853 [not classified to Code], as

amended, is revoked. The rules and regulations which were

prescribed by the Secretary of State or the Administrator of the

Veterans Administration [now Secretary of Veterans Affairs]

pursuant to Executive Order No. 10853, as amended, and which would

be valid if issued pursuant to this Order, shall be deemed to have

been issued under this Order.

-End-

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38 USC Sec. 709 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 709. Employment restrictions

-STATUTE-

(a)(1) Notwithstanding section 3134(d) of title 5, the number of

Senior Executive Service positions in the Department which are

filled by noncareer appointees in any fiscal year may not at any

time exceed 5 percent of the average number of senior executives

employed in Senior Executive Service positions in the Department

during the preceding fiscal year.

(2) For purposes of this subsection, the average number of senior

executives employed in Senior Executive Service positions in the

Department during a fiscal year shall be equal to 25 percent of the

sum of the total number of senior executives employed in Senior

Executive Service positions in the Department on the last day of

each quarter of such fiscal year.

(b) The number of positions in the Department which may be

excepted from the competitive service, on a temporary or permanent

basis, because of their confidential or policy-determining

character may not at any time exceed the equivalent of 15

positions.

(c)(1) Political affiliation or activity may not be taken into

account in connection with the appointment of any person to any

position in or to perform any service for the Department or in the

assignment or advancement of any employee in the Department.

(2) Paragraph (1) shall not apply -

(A) to the appointment of any person by the President under

this title, other than the appointment of the Under Secretary for

Health, the Under Secretary for Benefits, and the Inspector

General; or

(B) to the appointment of any person to (i) a Senior Executive

Service position as a noncareer appointee, or (ii) a position

that is excepted from the competitive service, on a temporary or

permanent basis, because of the confidential or

policy-determining character of the position.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395;

amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992,

106 Stat. 1984.)

-MISC1-

PRIOR PROVISIONS

Prior sections 709 and 710 were renumbered sections 1909 and 1910

of this title, respectively.

Provisions similar to those in this section were contained in

section 12 of Pub. L. 100-527, known as the Department of Veterans

Affairs Act, prior to repeal by Pub. L. 102-83, Sec. 3(3).

AMENDMENTS

1992 - Subsec. (c)(2)(A). Pub. L. 102-405 substituted "Under

Secretary for Health" for "Chief Medical Director" and "Under

Secretary for Benefits" for "Chief Benefits Director".

-End-

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38 USC Sec. 711 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

Sec. 711. Grade reductions

-STATUTE-

(a) The Secretary may not implement a grade reduction described

in subsection (b) unless the Secretary first submits to the

Committees on Veterans' Affairs of the Senate and House of

Representatives a report containing a detailed plan for such

reduction and a detailed justification for the plan. The report

shall include a determination by the Secretary (together with data

supporting such determination) that, in the personnel area

concerned, the Department has a disproportionate number of

employees at the salary grade or grades selected for reduction in

comparison to the number of such employees at the salary levels

involved who perform comparable functions in other departments and

agencies of the Federal Government and in non-Federal entities. Any

grade reduction described in such report may not take effect until

the end of a period of 90 calendar days (not including any day on

which either House of Congress is not in session) after the report

is received by the committees.

(b) A grade reduction referred to in subsection (a) is a

systematic reduction, for the purpose of reducing the average

salary cost for Department employees described in subsection (c),

in the number of such Department employees at a specific grade

level.

(c) The employees referred to in subsection (b) are -

(1) health-care personnel who are determined by the Secretary

to be providing either direct patient-care services or services

incident to direct patient-care services;

(2) individuals who meet the definition of professional

employee as set forth in section 7103(a)(15) of title 5; and

(3) individuals who are employed as computer specialists.

(d) Not later than the 45th day after the Secretary submits a

report under subsection (a), the Comptroller General shall, upon

request of either of such Committees, submit to such committees a

report on the Secretary's compliance with such subsection. The

Comptroller General shall include in the report the Comptroller

General's opinion as to the accuracy of the Secretary's

determination (and of the data supporting such determination) made

under such subsection.

(e) In the case of Department employees not described in

subsection (c), the Secretary may not in any fiscal year implement

a systematic reduction for the purpose of reducing the average

salary cost for such Department employees that will result in a

reduction in the number of such Department employees at any

specific grade level at a rate greater than the rate of the

reductions systematically being made in the numbers of employees at

such grade level in all other agencies and departments of the

Federal Government combined.

-SOURCE-

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 396;

amended Pub. L. 103-446, title XII, Sec. 1201(e)(5), Nov. 2, 1994,

108 Stat. 4685; Pub. L. 104-316, title I, Sec. 119, Oct. 19, 1996,

110 Stat. 3836.)

-MISC1-

PRIOR PROVISIONS

Prior section 711 was renumbered section 1911 of this title.

Provisions similar to those in this section were contained in

former section 210(b)(3) of this title prior to repeal by Pub. L.

102-83, Sec. 2(a).

Prior sections 712 to 729, 740 to 763, 765 to 779, 781 to 788,

and 801 to 806 were renumbered sections 1912 to 1929, 1940 to 1963,

1965 to 1979, 1981 to 1988, and 2101 to 2106 of this title,

respectively.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-316 inserted ", upon request of

either of such Committees," after "the Comptroller General shall"

in first sentence.

1994 - Subsec. (d). Pub. L. 103-446 substituted "committees" for

"Committees".

-End-

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38 USC Sec. 712 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART I - GENERAL PROVISIONS

CHAPTER 7 - EMPLOYEES

-HEAD-

[Sec. 712. Repealed. Pub. L. 107-103, title V, Sec. 509(a)(1), Dec.

27, 2001, 115 Stat. 997]

-MISC1-

Section, added Pub. L. 103-446, title XI, Sec. 1102(a), Nov. 2,

1994, 108 Stat. 4680; amended Pub. L. 104-262, title III, Sec. 303,

Oct. 9, 1996, 110 Stat. 3194; Pub. L. 105-33, title VIII, Sec.

8023(e), Aug. 5, 1997, 111 Stat. 667; Pub. L. 105-368, title X,

Sec. 1005(b)(1), Nov. 11, 1998, 112 Stat. 3364, limited reduction

of full-time equivalent positions in the Department of Veterans

Affairs during the period beginning on Nov. 2, 1994, and ending on

Sept. 30, 1999.

-End-