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38 U.S.C. § 7407 — Administrative provisions for section 7405 and 7406 appointments
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When the Under Secretary for Health determines that it is not possible to recruit qualified citizens for the necessary services, appointments under sections 7405 and 7406 of this title may be made without regard to the citizenship requirements of [section 7402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/c&num=0&edition=prelim) or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States.
**(b)**
(1) Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in [section 7402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/b&num=0&edition=prelim)—
(A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vocational nurse, or physical therapist be licensed or certified, as appropriate;
(B) that the licensure or certification of such an individual be in a State; and
(C) that a psychologist have completed an internship.
(2) The waivers authorized in paragraph (1) may be granted—
(A) in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be employed to conduct research or serve in an academic position, and (ii) will have no responsibility for furnishing direct patient care services; and
(B) in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the United States and the individual’s licensure or registration is in the country in which the individual is to serve.
**(c)** The program of training prescribed by the Secretary in order to qua
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Stable record: federal_law:legal_authorities:record_usc_95b22866ae5f265725622cd6
Source file: Laws/federal/codes/united-states-code/title-38/section-7407-administrative-provisions-for-section-7405-and-7406-appointments--fa4f7d3d12.md
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Source location: Title 38, Chapter 74, § 7407; chapter-074-veterans-health-administration-personnel.md
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**(a)** When the Under Secretary for Health determines that it is not possible to recruit qualified citizens for the necessary services, appointments under sections 7405 and 7406 of this title may be made without regard to the citizenship requirements of [section 7402(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/c&num=0&edition=prelim) or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States.
**(b)**
(1) Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in [section 7402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/b&num=0&edition=prelim)—
(A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vocational nurse, or physical therapist be licensed or certified, as appropriate;
(B) that the licensure or certification of such an individual be in a State; and
(C) that a psychologist have completed an internship.
(2) The waivers authorized in paragraph (1) may be granted—
(A) in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be employed to conduct research or serve in an academic position, and (ii) will have no responsibility for furnishing direct patient care services; and
(B) in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the United States and the individual’s licensure or registration is in the country in which the individual is to serve.
**(c)** The program of training prescribed by the Secretary in order to qualify a person for the position of full-time physician assistant or expanded-function dental auxiliary shall be considered a full-time institutional program for purposes of chapter 34 of this title. The Secretary may consider training for such a position to be on a less than full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week.
**(d)** A person may not be appointed under section 7405 or 7406 of this title to an occupational category 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) or in [section 7406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7406&num=0&edition=prelim) unless the person meets the requirements established in [section 7402(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7402/d&num=0&edition=prelim) and regulations prescribed under that section.
**(e)** In accordance with the provisions of [section 7425(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7425/b&num=0&edition=prelim), the provisions of chapter 34 of title 5 pertaining to part-time career employment shall not apply to part-time appointments under sections 7405 and 7406 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may establish residencies and internships. The Secretary may appoint qualified persons to such positions without regard to civil service or classification laws, rules, or regulations.
(2) For the purposes of this section:
(A) The term “internship” includes the equivalency of an internship as determined in accordance with regulations which the Secretary shall prescribe.
(B) The term “intern” means a person serving an internship.
**(b)** The Secretary may prescribe the conditions of employment of persons appointed under this section, including necessary training, and the customary amount and terms of pay for such positions during the period of such employment and training. The amount and terms of such pay may be established retroactively based on changes in such customary amount and terms.
**(c)**
(1) In order to carry out more efficiently the provisions of subsection (a)(1), the Secretary may contract with one or more hospitals, medical schools, or medical installations having hospital facilities and participating with the Department in the training of interns or residents to provide, by the designation of one such institution to serve as a central administrative agency, for the central administration—
(A) of stipend payments;
(B) provision of fringe benefits; and
(C) maintenance of records for such interns and residents.
(2) The Secretary may pay to such designated agency, without regard to any other law or regulation governing the expenditure of Government moneys either in advance or in arrears, an amount to cover the cost for the period such intern or resident serves in a Department facility furnishing hospital care or medical services of—
(A) stipends fixed by the Secretary pursuant to paragraph (1);
(B) hospitaliz
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7406
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Federal law — U.S. Code and appendices · legal_authorities
Page 1226
TITLE 38—VETERANS’ BENEFITS
§ 7407
qualified persons to such positions without re-
gard to civil service or classification laws, rules,
or regulations.
(2) For the purposes of this section:
(A) The term ‘‘internship’’ includes the
equivalency of an internship as determined in
accordance with regulations which the Sec-
retary shall prescribe.
(B) The term ‘‘intern’’ means a person serv-
ing an internship.
(b) The Secretary may prescribe the condi-
tions of employment of persons appointed under
this section, including necessary training, and
the customary amount and terms of pay for such
positions during the period of such employment
and training. The amount and terms of such pay
may be established retroactively based on
changes in such customary amount and terms.
(c)(1) In order to carry out more efficiently the
provisions of subsection (a)(1), the Secretary
may contract with one or more hospitals, med-
ical schools, or medical installations having
hospital facilities and participating with the De-
partment in the training of interns or residents
to provide, by the designation of one such insti-
tution to serve as a central administrative agen-
cy, for the central administration—
(A) of stipend payments;
(B) provision of fringe benefits; and
(C) maintenance of records for such interns
and residents.
(2) The Secretary may pay to such designated
agency, without regard to any other law or regu-
lation governing the expenditure of Government
moneys either in advance or in arrears, an
amount to cover the cost for the period such in-
tern or resident serves in a Department facility
furnishing hospital care or medical services of—
(A) stipends fixed by the Secretary pursuant
to paragraph (1);
(B) hospitalization, medical care, and life in-
su
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7407
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