(Added P.L. 102-83, § 2(a).) § 705. Telephone service for medical officers and facility directors 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. (Added P.L. 102-83, §2(a).) § 707. Benefits for employees at overseas offices who are United States citizens (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(a)(3) 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(a)(4) 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.). (Added P.L. 102–83, § 2(a).) $709. Employment restrictions (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 exceed at any time the equivalent of 15 positions. (cX1) 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. (Added P.L. 102-83, § 2(a); amended P.L. 102–405, § 302(c)(1).) § 711. Grade reductions (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 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. (Added P.L. 102-83, § 2(a).) CHAPTER 9 SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT Sec. 901. 902. 903. 904. 905. Authority to prescribe rules for conduct and penalties for violations. Equipment and weapons. Use of facilities and services of other law enforcement agencies. 8901. Authority to prescribe rules for conduct and penalties for violations (a)(1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and protection of persons and property on Department property. (2) In this chapter, the term "Department property" means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. (b) Regulations under subsection (a) shall include (1) rules for conduct on Department property; and (2) the penalties, within the limits specified in subsection (c), for violations of such rules. (c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. (d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. (e) The Secretary shall consult with the Attorney General before prescribing regulations under this section. (Added P.L. 102-83, §2(a).) § 902. Enforcement and arrest authority of Department police officers (a)(1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce (A) Federal laws; (B) the rules prescribed under section 901 of this title; and (C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located. (2) A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law. (3) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title. (b) The Secretary shall prescribe regulations with respect to Department police officers. Such regulations shall include (1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section; (2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and (3) rules limiting the carrying and use of weapons by Department police officers. (c) The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b). (d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title. (Added P.L. 102–83, § 2(a).) 8903. Uniform allowance (a) The Secretary may pay an allowance under this section for the purchase of uniforms to any Department police officer who is required to wear a prescribed uniform in the performance of official duties. (b) The amount of the allowance that the Secretary may pay under this section (1) may be based on estimated average costs or actual costs; (2) may vary by geographic regions; and (3) except as provided in subsection (c), may not exceed $200 in a fiscal year for any police officer. (c) The amount of an allowance under this section may be increased to an amount up to $400 for not more than one fiscal year in the case of any Department police officer. In the case of a person who is appointed as a Department police officer on or after January 1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person's employment as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection shall be paid upon the request of the officer. (d) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this section shall repay to the Department a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period following the date on which such officer began such employment or |