§ 7423.
(b)
A person covered by subsection (a) may not 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, with respect to 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 shall submit semiannually an accounting to the Secretary and to the Comptroller General of the United States with respect to such fund or account and shall maintain such fund or account subject to 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 shall 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.
(e)
(1)
The Secretary shall 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 shall 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 pursuant to paragraph (1) shall 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 pursuant to paragraph (1), and in any leave bank program established pursuant to such paragraph, shall be voluntary. The Secretary may not 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 pursuant to 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 pursuant to an agreement entered into under subparagraph (A) shall be subject to 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 pursuant to an agreement referred to in paragraph (4).
(Added and amended [Pub. L. 102–40, title II, § 202], title IV, § 401(b)(3)(A), May 7, 1991, [105 Stat. 201], 230; [Pub. L. 102–405, title II, § 203], title III, § 302(c)(1), Oct. 9, 1992, [106 Stat. 1983], 1984; [Pub. L. 104–262, title III, § 347], Oct. 9, 1996, [110 Stat. 3208]; [Pub. L. 114–315, title VI, § 614], Dec. 16, 2016, [130 Stat. 1577]; [Pub. L. 117–168, title IX, § 906(c)(2)], Aug. 10, 2022, [136 Stat. 1812].)