Page:United States Statutes at Large Volume 105 Part 1.djvu/230

 105 STAT. 202 PUBLIC LAW 102-40—MAY 7, 1991 "(c) In the case of any fund or account described in subsection (b)(6) that was established before September 1, 1973— Colleges and "(1) the affiliated institution shall submit semiannually an univeraities. 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 (I)(B) may receive any cash from amounts deposited in such fund or account derived from services performed before that date. "(d) As used in this section: "(1) The term 'affiliated institution' means a medical school or other institution of higher learning with which the Secretary has a contract or agreement as referred to in section 7313 of this title for the training or education of health personnel. "(2) The term remuneration' mesuis the receipt of any amount of monetary benefit from any non-Department source in payment for carrying out any professional responsibilities.". SEC. 203. ADVERSE PERSONNEL ACTIONS. (a) REFORM OF DISCIPUNARY PROCEDURES FOR SECTION 7401(1) EMPLOYEES.— Chapter 74, as added by section 102 and amended by section 202, is further amended by adding at the end the following: "SUBCHAPTER V—DISCIPLINARY AND GRIEVANCE PROCEDURES "§ 7461. Adverse actions: section 7401(1) employees "(a) Whenever the Chief Medical Director (or an official designated by the Chief Medical Director) brings charges based on conduct or performance against a section 7401(1) employee and as a result of those charges an adverse personnel action is taken against the employee, the employee shall have the ri^t to appeal the action. "(b)(1) If the case involves or includes a question of professional conduct or competence in which a major adverse action was taken, such an appeal shall be made to a Disciplinary Appeals Board under section 7462 of this title. "(2) In any other case, such an appeal shall be made— "(A) through Department grievance procedures under section 7463 of this title, in any case that involves or includes a question of professional conduct or competence in which a major adverse action was not taken or in any case of an employee who is not covered by a collective bargaining agreement under chapter 71 of title 5; or "(B) through grievance procedures provided through collective bargaining under chapter 71 of title 5 or through Department grievance procedures under section 7463 of this title, as the employee elects, in the case of an employee covered by a collective bargaining agreement under chapter 71 of title 5 that does not involve or include a question of professional conduct or competence. "(c) For purposes of this subchapter— "(1) Section 7401(1) employees are employees of the Department employed on a full-time basis under a permanent appoint-

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