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10 U.S.C. § 1599c — Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces

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

10 U.S.C. § 1599c — Health care professionals: enhanced appointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces

**(a) In General.—** (1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense. (2) (A) For purposes of [section 3304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3304&num=0&edition=prelim), the Secretary of Defense may— (i) designate any category of medical or health professional positions within the Department of Defense as a shortage category occupation or critical need occupation; and (ii) utilize the authority in such section to recruit and appoint qualified persons directly in the competitive service to positions so designated. (B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5. (C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements. **(b) Termination of Authority.—** (1) The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities available under chapter 74 of title 38 for purpose

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Stable record: federal_law:legal_authorities:record_usc_65f7ef9f560451dcc5224707
Source file: Laws/federal/codes/united-states-code/title-10/section-1599c-health-care-professionals-enhanced-appointment-and-compensation-authorit--084fc9687c.md
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Source location: Title 10, Chapter 81, § 1599c; chapter-081-civilian-employees.md

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**(a) In General.—** (1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authority for the appointment and pay of health care personnel under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense if the Secretary determines that the exercise of such authority is necessary in order to provide or enhance the capacity of the Department to provide care and treatment for members of the armed forces who are wounded or injured on active duty in the armed forces and to support the ongoing patient care and medical readiness, education, and training requirements of the Department of Defense. (2) (A) For purposes of [section 3304 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3304&num=0&edition=prelim), the Secretary of Defense may— (i) designate any category of medical or health professional positions within the Department of Defense as a shortage category occupation or critical need occupation; and (ii) utilize the authority in such section to recruit and appoint qualified persons directly in the competitive service to positions so designated. (B) In using the authority provided by this paragraph, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5. (C) Any designation by the Secretary for purposes of subparagraph (A)(i) shall be based on an analysis of current and future Department of Defense workforce requirements. **(b) Termination of Authority.—** (1) The authority of the Secretary of Defense under subsection (a)(1) to exercise authorities available under chapter 74 of title 38 for purposes of the recruitment, employment, and retention of civilian health care professionals for the Department of Defense expires December 31, 2030. (2) The Secretary may not appoint a person to a position of employment under subsection (a)(2) after December 31, 2030.

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

5 U.S.C. § 3304 — Competitive service; examinations

**(a) Definitions.—** In this section: (1) **Agency.—** — The term “agency” means an Executive agency. (2) **Director.—** — The term “Director” means the Director of the Office. (3) **Examination.—** — The term “examination” means the process by which an applicant demonstrates knowledge, skills, abilities, and competencies. (4) **Examining agency.—** — The term “examining agency” means— (A) the Office; or (B) an agency to which the Director has delegated examining authority under section 1104(a)(2). (5) **Office.—** — The term “Office” means the Office of Personnel Management. (6) **Passing score.—** — The term “passing score” means a minimum acceptable score or rating, consistent with applicable law, that may include a quantitative or qualitative assessment that an applicant can pass or fail. (7) **Relevant committees.—** — The term “relevant committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Accountability of the House of Representatives. (8) **Subject matter expert.—** — The term “subject matter expert” means an employee or selecting official— (A) who possesses an understanding of the duties of, and knowledge, skills, and abilities required for, the position for which the employee or selecting official is developing or administering an examination; and (B) whom the delegated examining unit of the examining agency that employs the employee or selecting official designates to assist in the development and administration of technical assessments. (9) **Technical assessment.—** — The term “technical assessment” means a position-specific tool that is relevant to the position for which the tool is developed that— (A) allows for the demonstration of job-relate

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3304

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

38 U.S.C. § 7455 — Increases in rates of basic pay

**(a)** (1) Subject to subsections (b), (c), and (d), when the Secretary determines it to be necessary in order to obtain or retain the services of persons described in paragraph (2), the Secretary may increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. Any increase in such rates of basic pay— (A) may be made on a nationwide basis, local basis, or other geographic basis; and (B) may be made— (i) for one or more of the grades listed in the schedules in subsection (b)(1) of section 7404 11 See References in Text note below. of this title; (ii) for one or more of the health personnel fields within such grades; or (iii) for one or more of the grades of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim). (2) Paragraph (1) applies to the following: (A) Individuals employed 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). (B) Health-care personnel who— (i) are employed in the Administration (other than administrative, clerical, and physical plant maintenance and protective services employees); (ii) are paid under the General Schedule pursuant to [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim); (iii) are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; and (iv) would not otherwise be available to provide medical care and treatment for veterans. (C) Employees who are

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7455

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

5 U.S.C. § 2101 — Civil service; armed forces; uniformed services

For the purpose of this title— (1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services; (2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and (3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

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

5 U.S.C. § 2302 — Prohibited personnel practices

**(a)** (1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b). (2) For the purpose of this section— (A) “personnel action” means— (i) an appointment; (ii) a promotion; (iii) an action under chapter 75 of this title or other disciplinary or corrective action; (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter 43 of this title or under title 38; (ix) a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; (xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (xii) any other significant change in duties, responsibilities, or working conditions; with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in [section 9101 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9101&num=0&edition=prelim); (B) “covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action— (i) excepted from the competitive service because of

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2302

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

10 U.S.C. § 1599c — Health care professionals: enhanced ap-

Page 1527 TITLE 10—ARMED FORCES § 1599c their families, abroad with benefits that are comparable to certain benefits that are provided by the Secretary of State to members of the Foreign Service and their families abroad as de- scribed in subsections (b) and (c). The Secretary may designate the employees and members of families who are eligible to receive the benefits. (b) TRAVEL AND RELATED EXPENSES.—The Sec- retary of Defense may pay travel expenses and related expenses for purposes and in amounts that are comparable to the purposes for which, and the amounts in which, travel and related ex- penses are paid by the Secretary of State under section 901 of the Foreign Service Act of 1980 (22 U.S.C. 4081). (c) HEALTH CARE PROGRAM.—The Secretary of Defense may establish a health care program that is comparable to the health care program established by the Secretary of State under sec- tion 904 of the Foreign Service Act of 1980 (22 U.S.C. 4084). (d) ASSISTANCE.—The Secretary of Defense may enter into agreements with the heads of other departments and agencies of the Govern- ment in order to facilitate the payment of ex- penses authorized by subsection (b) and to carry out a health care program authorized by sub- section (c). (e) ABROAD DEFINED.—In this section, the term ‘‘abroad’’ means outside— (1) the United States; and (2) the territories and possessions of the United States. (Added Pub. L. 104–201, div. A, title XVI, § 1604(a), Sept. 23, 1996, 110 Stat. 2735.) § 1599c. Health care professionals: enhanced ap- pointment and compensation authority for personnel for care and treatment of wounded and injured members of the armed forces (a) IN GENERAL.—(1) The Secretary of Defense may, at the discretion of the Secretary, exercise any authorit

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