38 U.S.C. § 7423 — Personnel administration: full-time employees

(a)
(1) Except as provided in paragraph
(2), 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 under section 7406 of this title ) and who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title must consist of not less than 80 hours in a biweekly pay period (as that term is used in section 5504 of title 5 ).
(2)
(A) Upon the advance written request of a covered physician, the Secretary^* may modify the hours of employment for a physician appointed in the Administration under any provision of this chapter on a full-time basis to be more or less than 80 hours in a biweekly pay period, under the requirements in subparagraph
(B). For the purpose of determining pay, such a physician must be treated as have a biweekly schedule of 80 hours of employment.
(B) A physician with an irregular work schedule established under subparagraph
(A) must be obligated to account for at least 2,080 hours of employment (through performance of work or use of leave or paid time off) in a calendar year.
(C) The Secretary may prescribe regulations to implement this paragraph, including regulations making adjustments to address the annual hours requirement for physicians who are covered by this paragraph for only a portion of a calendar year.
(D) The Secretary may exclude from the requirements of paragraph
(1) employees hired under section 7306 or 7401(4) of this title or for a position described in section 7401(1) of this title that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5 ).
(b) A person covered by subsection
(a) cannot 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, about 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 must submit semiannually an accounting to the Secretary and to the Comptroller General of the United States about such fund or account and must maintain such fund or account under 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 must 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 must 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 establish a leave bank program for the benefit of such health-care professionals.
(2) To the maximum extent feasible—
(A) the leave transfer program must 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 under paragraph
(1) must 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 under paragraph
(1), and in any leave bank program established under such paragraph, must be voluntary. The Secretary cannot 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 under 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 under an agreement entered into under subparagraph
(A) must be under 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 under 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 must prescribe guidelines for the administration of the preceding sentence.