38 U.S.C. § 7409 — Contracts for scarce medical specialist

Page 1227 TITLE 38—VETERANS’ BENEFITS § 7409 fied citizens for the necessary services, appoint- ments under sections 7405 and 7406 of this title may be made without regard to the citizenship requirements of section 7402(c) of this title 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 Sec- retary 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— (A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vo- cational nurse, or physical therapist be li- censed 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 em- ployed to conduct research or serve in an aca- demic position, and (ii) will have no responsi- bility for furnishing direct patient care serv- ices; and (B) in the case of clause (B) of such para- graph, if the individual will be employed to serve in a country other than the United States and the individual’s licensure or reg- istration is in the country in which the indi- vidual is to serve. (c) The program of training prescribed by the Secretary in order to qualify a person for the po- sition of full-time physician assistant or ex- panded-function dental auxiliary shall be con- sidered a full-time institutional program for purposes of chapter 34 of this title. The Sec- retary 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 sec- tion 7405 or 7406 of this title to an occupational category described in section 7401(1) of this title or in section 7406 of this title unless the person meets the requirements established in section 7402(d) of this title and regulations prescribed under that section. (e) In accordance with the provisions of sec- tion 7425(b) of this title, the provisions of chap- ter 34 of title 5 pertaining to part-time career employment shall not apply to part-time ap- pointments under sections 7405 and 7406 of this title. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 228; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4114(c)–(g) of this title prior to the re- peal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40. AMENDMENTS 1992—Subsecs. (a), (b)(1). Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Direc- tor’’. § 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 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 indi- vidual’s existing pay, higher or unique qualifica- tions, 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. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 103–446, title XII, § 1201(e)(21), Nov. 2, 1994, 108 Stat. 4686.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4111 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–446 substituted ‘‘civil service’’ for ‘‘civil-service’’. § 7409. Contracts for scarce medical specialist services (a) The Secretary may enter into contracts with institutions and persons described in sub- section (b) to provide scarce medical specialist services at Department facilities. Such services may include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded-function dental auxiliaries, technicians, and other medical sup- port personnel. (b) Institutions and persons with whom the Secretary may enter into contracts under sub- section (a) are the following: (1) Schools and colleges of medicine, osteop- athy, dentistry, podiatry, optometry, and nursing. (2) Clinics. (3) Any other group or individual capable of furnishing such scarce medical specialist serv- ices. (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 108–170, title III, § 302(f), Dec. 6, 2003, 117 Stat. 2058.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4117 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40. 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. (D) The characteristics of the labor market concerned. (E) Such other factors as the Secretary con- siders appropriate. (3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled. (4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an indi- vidual shall be considered basic pay for all pur- poses, including retirement benefits under chap- ters 83 and 84 of title 5, and other benefits. (5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under sub- chapter V of this chapter. (6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 111–163, title VI, § 601(e), May 5, 2010, 124 Stat. 1169; Pub. L. 117–168, title IX, § 906(c)(3), Aug. 10, 2022, 136 Stat. 1813.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168 designated existing provisions as par. (1), substituted ‘‘personnel appointed under section 7306 of this title or section 7401(4) of this title, or personnel described in section 7401(1) of this title,’’ for ‘‘the personnel described in paragraph (1) of section 7401 of this title’’ and ‘‘in a manner consistent with’’ for ‘‘in the same manner, and subject to the same limitations, as in the case of’’, and added par. (2). 2010—Pub. L. 111–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. Statutory Notes and Related Subsidiaries TREATMENT OF PAY AUTHORITY CHANGES Pub. L. 117–168, title IX, § 906(c)(4), Aug. 10, 2022, 136 Stat. 1813, provided that: ‘‘For the purposes of the amendments made by paragraph (3) [amending this sec- tion], the Secretary of Veterans Affairs shall treat any award or payment made by the Secretary between Jan- uary 1, 2017, and the date of the enactment of this Act [Aug. 10, 2022] to employees appointed under sections 7306, 7401(1), and 7401(4) of title 38, United States Code, that the Secretary has determined are of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), as if such amendments had been in effect at the time of such award or payment.’’ § 7411. Full-time board-certified physicians and dentists: reimbursement of continuing pro- fessional education expenses The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses in- curred, up to $1,000 per year, for continuing pro- fessional education. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–40, title I, § 103(b), May 7, 1991, 105 Stat. 199, provided that: ‘‘Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing profes- sional education that is pursued after September 30, 1991.’’ § 7412. Annual determination of staffing short- ages; recruitment and appointment for need- ed occupations (a) IN GENERAL.—Not later than September 30 of each year, the Inspector General of the De- partment shall determine, and the Secretary shall publish in the Federal Register, at a min- imum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under section 7401 of this title for which there are the largest staffing shortages with respect to each medical center of