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38 U.S.C. § 7412 — Annual determination of staffing shortages; recruitment and appointment for needed occupations
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Not later than September 30 of each year, the Inspector General of the Department shall determine, and the Secretary shall publish in the Federal Register, at a minimum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) for which there are the largest staffing shortages with respect to each medical center of the Department, as calculated over the five-year period preceding the determination.
**(b) Recruitment and Appointment.—** Notwithstanding sections 3304 and 3309 through 3318 of title 5, the Secretary may, upon a determination by the Inspector General under subsection (a) that there is a staffing shortage throughout the Department with respect to a particular occupation, recruit and directly appoint, during the fiscal year after the fiscal year during which such determination is made, qualified personnel to serve in that particular occupation for the Department.
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Source file: Laws/federal/codes/united-states-code/title-38/section-7412-annual-determination-of-staffing-shortages-recruitment-and-appointment-f--003329363d.md
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Source location: Title 38, Chapter 74, § 7412; chapter-074-veterans-health-administration-personnel.md
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**(a) In General.—** Not later than September 30 of each year, the Inspector General of the Department shall determine, and the Secretary shall publish in the Federal Register, at a minimum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) for which there are the largest staffing shortages with respect to each medical center of the Department, as calculated over the five-year period preceding the determination.
**(b) Recruitment and Appointment.—** Notwithstanding sections 3304 and 3309 through 3318 of title 5, the Secretary may, upon a determination by the Inspector General under subsection (a) that there is a staffing shortage throughout the Department with respect to a particular occupation, recruit and directly appoint, during the fiscal year after the fiscal year during which such determination is made, qualified personnel to serve in that particular occupation for the Department.
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Federal law — U.S. Code and appendices · legal_authorities
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
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In order to carry out more effectively the primary function of the Veterans Health Administration and in order to assist in providing an adequate supply of health personnel to the Nation, the Secretary—
(1) to the extent feasible without interfering with the medical care and treatment of veterans, shall develop and carry out a program of education and training of health personnel; and
(2) shall carry out a major program for the recruitment, training, and employment of veterans with medical military occupation specialties as—
(A) physician assistants;
(B) expanded-function dental auxiliaries; and
(C) other medical technicians.
**(b)** In carrying out subsection (a)(1), the Secretary shall include in the program of education and training under that subsection the developing and evaluating of new health careers, interdisciplinary approaches, and career advancement opportunities.
**(c)** In carrying out subsection (a)(2), the Secretary shall include in the program of recruitment, training, and employment under that subsection measures to advise all qualified veterans with military occupation specialties referred to in that subsection, and all members of the armed forces about to be discharged or released from active duty who have such military occupation specialties, of employment opportunities with the Administration.
**(d)** The Secretary shall carry out subsection (a) in cooperation with the following institutions and organizations:
(1) Schools of medicine, osteopathy, dentistry, nursing, pharmacy, optometry, podiatry, public health, or allied health professions.
(2) Other institutions of higher learning.
(3) Medical centers.
(4) Academic health centers.
(5) Hospitals.
(6) Such other public or nonprofit agencies, institutions, or organizations
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7302
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Federal law — U.S. Code and appendices · legal_authorities
Page 1228
TITLE 38—VETERANS’ BENEFITS
§ 7410
1 So in original.
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–170 inserted ‘‘chiroprac-
tors,’’ after ‘‘optometrists,’’ in second sentence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–170 effective at end of 180-
day period beginning on Dec. 6, 2003, see section 302(h)
of Pub. L. 108–170, set out as a note under section 7316
of this title.
§ 7410. Additional pay authorities
(a) IN GENERAL.—(1) The Secretary may au-
thorize the Under Secretary for Health to pay
advance payments, recruitment or relocation
bonuses, and retention allowances to personnel
appointed under section 7306 of this title or sec-
tion 7401(4) of this title, or personnel described
in section 7401(1) of this title,,1 or interview ex-
penses to candidates for appointment as such
personnel, in a manner consistent with the au-
thority provided under sections 5524a, 5706b,
5753, and 5754 of title 5.
(2) Payments under paragraph (1) shall not be
considered in calculating the limitation under
section 7431(e)(4) of this title.
(b) SPECIAL INCENTIVE PAY FOR DEPARTMENT
PHARMACIST EXECUTIVES.—(1) In order to recruit
and retain highly qualified Department phar-
macist executives, the Secretary may authorize
the Under Secretary for Health to pay special
incentive pay of not more than $40,000 per year
to an individual of the Veterans Health Admin-
istration who is a pharmacist executive.
(2) In determining whether and how much spe-
cial pay to provide to such individual, the Under
Secretary shall consider the following:
(A) The grade and step of the position of the
individual.
(B) The scope and complexity of the position
of the individual.
(C) The personal qualifications of the indi-
vidual
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7412
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