38 U.S.C. § 704

Waiver of pay limitation for certain employees

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(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.(Added Pub. L. 117–168, title IX, § 907, Aug. 10, 2022, 136 Stat. 1814.)Editorial NotesPrior Provisions

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

Notes of Decisions

Cited in 2 cases, 1946–1947 · leading case: State Employes' Military Serv., 56 Pa. D. & C. 535 (1946).

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State Employes' Military Serv., 56 Pa. D. & C. 535 (1946). “*538 9, 38 U. S. C. §704 , the President was authorized to fix the beginning and termination of any war.”

Vets.' Preferences, 61 Pa. D. & C. 12 (1947). ““The beginning and termination dates of the wars shall be: The World War, April 6, 1917, and November 11, 1918, but as to service in Russia, the ending date shall be April 1, 1920; the Spanish-American War, April 21, 1898, and August 13, 1898; the Philippine Insurrection, August…”

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