PRIA, Government Policy, Made Personal

Summary

Allows the Secretary of Veterans Affairs to waive yearly extra-pay or total pay caps for VHA workers in two cases: if their official duty station is closed or their office/facility is realigned during that calendar year; and for VA employees whose main job is giving expanded care to veterans exposed to open burn pits (open burn pit is defined in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012, Public Law 112–260; 38 U.S.C. 527 note). The Secretary must work with the Director of the Office of Personnel Management. Whenever a waiver is used, the Secretary must send a quarterly report to the Senate and House Veterans’ Affairs Committees and to OPM saying where the waivers were used (which VA part and medical center if any), how many employees received them (broken down the same way), and the average amount by which payments exceeded the waived limit (broken down the same way). Employee means any worker no matter how they were hired. The authority ends on September 30, 2027.

Title 38, §704

Veterans' Benefits, Source: USLM XML via OLRC

(a)Employees of Veterans Health Administration Impacted by Closure or Realignment.—

Notwithstanding any other provision of law, the Secretary may waive any annual premium or aggregate limitation on pay for an employee 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 organization 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 subsection, the term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits 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 section, the Secretary shall submit to the Committee 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 waivers.

(2)Contents.—

Each report submitted under paragraph (1) with respect to a waiver or waivers shall include the following:

(A)Where the waiver or waivers were used, including in which component of the Department 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 component 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 regardless of the authority under which the employee was hired.

(f)Termination.—

This section shall terminate on September 30, 2027.

Editorial Notes

Prior Provisions

A prior section 704 was renumbered section 1904 of this title.

§704 Waiver of Pay Limitation for Certain Employees

Summary

Title 38, §704

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata