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38 U.S.C. § 7405 — Temporary full-time appointments, part-time appointments, and without-compensation appointments

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7405 — Temporary full-time appointments, part-time appointments, and without-compensation appointments

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Stable record: federal_law:legal_authorities:record_usc_47e15e2e9fa2badea79fe9f7
Source file: Laws/federal/codes/united-states-code/title-38/section-7405-temporary-full-time-appointments-part-time-appointments-and-without-comp--0caea3f699.md
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Source location: Title 38, Chapter 74, § 7405; chapter-074-veterans-health-administration-personnel.md

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**(a)** The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows: (1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions: (A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim). (B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim). (C) Librarians. (D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs). (2) On a fee basis, persons in the following positions: (A) Positions listed in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim). (B) Positions listed in [section 7401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/3&num=0&edition=prelim). (C) Other professional and technical personnel. **(b)** Personnel employed under subsection (a)— (1) shall be in addition to personnel described in section 7306, paragraphs (1) and (3) of section 7401, and [section 7408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7408&num=0&edition=prelim); and (2) shall be paid such rates of pay as the Secretary may prescribe. **(c)** (1) Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) may be for a period in excess of 90 days only if the Under Secretary for Health finds that circumstances render it impracticable to obtain the necessary services through appointments under that section. (2) A temporary full-time appointment may not be made for a period in excess of two years in the case of a person who— (A) has successfully completed— (i) a full course of nursing in a recognized school of nursing, approved by the Secretary; or (ii) a full course of training for any category of personnel described in paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim), or as a physician assistant, in a recognized education or training institution approved by the Secretary; and (B) is pending registration or licensure in a State or certification by a national board recognized by the Secretary. (3) (A) Temporary full-time appointments of persons in positions referred to in subsection (a)(1)(D) shall not exceed three years. (B) Temporary full-time appointments under this paragraph may be renewed for one or more additional periods not in excess of three years each. (4) Temporary full-time appointments of other personnel may not be for a period in excess of one year except as authorized in subsection (f). **(d)** A part-time appointment may not be for a period of more than one year, except for appointments of persons specified in subsection (a)(1)(A) and interns, residents, and other trainees in medical support programs and except as authorized in subsection (f). **(e)** A student who has a temporary appointment under this section and who is pursuing a full course of nursing in a recognized school of nursing approved by the Secretary, or who is pursuing a full course of training for any category of personnel described in paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) in a recognized education or training institution approved by the Secretary, may be reappointed for a period not to exceed the duration of the student’s academic program. **(f)** During any period during which the Secretary is exercising the authority provided in subsections (a) and (f)(1) of [section 7403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7403&num=0&edition=prelim) in connection with the appointment, under paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim), of personnel in a category of personnel described in such paragraph— (1) the Secretary may make temporary full-time appointments of personnel in such category for periods exceeding 90 days if the Under Secretary for Health finds that circumstances render it impractical to obtain the necessary services through appointments under paragraph (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim); and (2) part-time appointments of personnel in such category may be for periods of more than one year. **(g)** (1) Except as provided in paragraph (3), employment of a registered nurse on a temporary part-time basis under subsection (a)(1) shall be for a probationary period of two years. (2) Except as provided in paragraph (3), upon completion by a registered nurse of the probationary period described in paragraph (1)— (A) the employment of such nurse shall— (i) no longer be considered temporary; and (ii) be considered an appointment described in [section 7403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7403/a&num=0&edition=prelim); and (B) the nurse shall be considered to have served the probationary period required by section 7403(b). (3) This subsection shall not apply to appointments made on a term limited basis of less than or equal to three years of— (A) nurses with a part-time appointment resulting from an academic affiliation or teaching position in a nursing academy of the Department; (B) nurses appointed as a result of a specific research proposal or grant; or (C) nurses who are not citizens of the United States and appointed under [section 7407(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7407/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7408 — Appointment of additional employees

**(a)** There shall be appointed by the Secretary under civil service laws, rules, and regulations, such additional employees, other than those provided in section 7306 and paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) and those specified in sections 7405 and 7406 of this title, as may be necessary to carry out the provisions of this chapter. **(b)** The Secretary, after considering an individual’s existing pay, higher or unique qualifications, or the special needs of the Department, may appoint the individual to a position in the Administration providing direct patient-care services or services incident to direct patient-services at a rate of pay above the minimum rate of the appropriate grade.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7408

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7401 — Appointments in Veterans Health Administration

There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health care of veterans (in addition to those in the Office of the Under Secretary for Health appointed under [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim)), as follows: (1) Physicians, dentists, podiatrists, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians. (3) Audiologists, licensed hearing aid specialists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, nurse assistants, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, marriage and family therapists, licensed professional mental health counselors, blind rehabilitation specialists, blind rehabilitation outpatient specialists, statisticians, economists, informaticists, data scientists, and and 11 So in original. such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the followin

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7401

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8153 — Sharing of health-care resources

**(a)** (1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual. (2) The Secretary may enter into a contract or other agreement under paragraph (1) if such resources are not, or would not be, used to their maximum effective capacity. (3) (A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with [section 7302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302&num=0&edition=prelim), including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource. (B) (i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive pro

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8153

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7403 — Period of appointments; promotions

**(a)** (1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the Secretary, without regard to civil-service requirements. (2) This section applies to the following persons appointed under this chapter: (A) Physicians. (B) Dentists. (C) Podiatrists. (D) Optometrists. (E) Nurses. (F) Physician assistants. (G) Expanded-function dental auxiliaries. (H) Chiropractors. **(b)** (1) Except as otherwise provided in this subsection, appointments described in subsection (a) shall be for a probationary period of two years. (2) With respect to the appointment of a registered nurse under this chapter, paragraph (1) shall apply with respect to such appointment regardless of whether such appointment is on a full-time basis or a part-time basis. (3) An appointment described in subsection (a) on a part-time basis of a person who has previously served on a full-time basis for the probationary period for the position concerned shall be without a probationary period. (4) The record of each person serving under such an appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. **(c)** Promotions of persons to whom this section applies shall be made only after examination given in accordance with regulations prescribed by the Secretary. Advancement within grade may be made in increments of the minimum rate of basic pay of the grade in accordance with regulations prescribed

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7403

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7424 — Travel expenses of certain employees

**(a)** The Secretary may pay the expenses (other than membership fees) of persons described in sections 7306 and 7401(1) of this title (including persons in positions described in [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) who are appointed on a temporary full-time basis or a part-time basis under [section 7405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7405&num=0&edition=prelim)) who are detailed by the Under Secretary for Health to attend meetings of associations for the promotion of medical and related science. **(b)** (1) The Secretary may prescribe regulations establishing conditions under which officers and employees of the Administration who are nationally recognized principal investigators in medical research may be permitted to accept payment, in cash or in kind, from non-Federal agencies, organizations, and individuals for travel and such reasonable subsistence expenses as are approved by the Secretary pursuant to such regulations— (A) in connection with their attendance at meetings or in performing advisory services concerned with the functions or activities of the Department; or (B) in connection with acceptance of significant awards or with activity related thereto concerned with functions or activities of the Department. (2) Any such payment may be retained by such officers and employees to cover the cost of such expenses or shall be deposited to the credit of the appropriation from which the cost of such expenses is paid, as may be provided in such regulations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7424

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7456A — Nurses: alternate work schedules

**(a) Applicability.—** This section applies to registered nurses appointed under this chapter. **(b) 72/80 Work Schedule.—** (1) (A) Subject to paragraph (2), if the Secretary determines it to be necessary in order to obtain or retain the services of registered nurses at any Department health-care facility, the Secretary may provide, in the case of nurses employed at such facility, that such nurses who work six regularly scheduled 12-hour tours of duty within a 14-day period shall be considered for all purposes to have worked a full 80-hour pay period. (B) A nurse who works under the authority in subparagraph (A) shall be considered a 0.90 full-time equivalent employee in computing full-time equivalent employees for the purposes of determining compliance with personnel ceilings. (2) (A) Basic and additional pay for a nurse who is considered under paragraph (1) to have worked a full 80-hour pay period shall be subject to subparagraphs (B) and (C). (B) The hourly rate of basic pay for a nurse covered by this paragraph for service performed as part of a regularly scheduled 36-hour tour of duty within the work week shall be derived by dividing the nurse’s annual rate of basic pay by 1,872. (C) The Secretary shall pay overtime pay to a nurse covered by this paragraph who— (i) performs a period of service in excess of such nurse’s regularly scheduled 36-hour tour of duty within an administrative work week; (ii) for officially ordered or approved service, performs a period of service in excess of 8 hours on a day other than a day on which such nurse’s regularly scheduled 12-hour tour of duty falls; (iii) performs a period of service in excess of 12 hours for any day included in the regularly scheduled 36-hour tour of duty work week; or (i

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7456A

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7405 — Temporary full-time appointments, part-

Page 1224 TITLE 38—VETERANS’ BENEFITS § 7404A Executive Documents ADJUSTMENT OF PAY RATES For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12438 Ex. Ord. No. 12438, Aug. 23, 1983, 48 F.R. 39205, which related to review of increases in rates of basic pay for employees of the Veterans’ Administration, was re- voked by Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, set out as a note under section 7455 of this title. § 7404A. Awards (a) SUPERIOR ACCOMPLISHMENTS AND PERFORM- ANCE AWARDS PROGRAM.—The Secretary may es- tablish an awards program for personnel listed in section 7421(b) of this title consistent with chapter 45 of title 5, to the extent practicable. (b) EXECUTIVE PERFORMANCE AWARDS PRO- GRAM.—Notwithstanding section 7425 of this title or any other provision of law, the Sec- retary may establish a performance awards pro- gram consistent with section 5384 of title 5 for— (1) personnel appointed under section 7401(1) of this title for a position that the Secretary has determined is of equivalent rank to a Sen- ior Executive Service position (as such term is defined in section 3132(a) of title 5) and is sub- ject to an agency performance management system; and (2) personnel appointed under section 7306 or 7401(4) of this title. (c) PAYMENT OF AWARDS.—Awards under this section may be paid based on criteria estab- lished by the Secretary and shall not be consid- ered in calculating the limitation under section 7431(e)(4) of this title. (d) NOT CONSIDERED BASIC PAY.—Awards under this section shall not be considered basic pay for any purpose. (e) REGULATIONS.—The Se

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7405

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