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Fabio 76b8ec33a7 Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

2026-07-06 10:51:44 -04:00

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38 U.S.C. § 704 - Waiver of pay limitation for certain employees

Text

(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.)

Notes

Editorial Notes

Prior ProvisionsA prior section 704 was renumbered section 1904 of this title.

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38 U.S.C. § 704 - Waiver of pay limitation for certain employees

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