SUBCHAPTER I—APPOINTMENTS
§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
(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, 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, and such other classes of health care occupations as the Secretary considers necessary for the recruitment and retention needs of the Department subject to the following requirements:
(A) Such other classes of health care occupations—
(i) are not occupations relating to administrative, clerical, or physical plant maintenance and protective services;
(ii) that 1 would otherwise receive basic pay in accordance with the General Schedule under
(iii) provide, as determined by the Secretary, direct patient care services or services incident to direct patient services; and
(iv) would not otherwise be available to provide medical care or treatment for veterans.
(B) Not later than 45 days before the Secretary appoints any personnel for a class of health care occupations that is not specifically listed in this paragraph, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, and the Office of Management and Budget notice of such appointment.
(C) Before submitting notice under subparagraph (B), the Secretary shall solicit comments from any labor organization representing employees in such class and include such comments in such notice.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2010—Par. (3).
2006—Par. (3).
2004—Par. (3).
2003—
Par. (1).
Par. (2).
Par. (3).
1992—
Effective Date of 2003 Amendment
Amendment by section 302(a) of
Prior Appointments of Certain Personnel
1 So in original. The word "that" probably should not appear.
§7402. Qualifications of appointees
(a) To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection.
(b)(1)
(A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary,
(B) have completed an internship satisfactory to the Secretary, and
(C) be licensed to practice medicine, surgery, or osteopathy in a State.
(2)
(A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and
(B) be licensed to practice dentistry in a State.
(3)
(A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and
(B) be registered as a graduate nurse in a State.
(4)
(5)
(A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and
(B) be licensed to practice podiatry in a State.
(6)
(A) hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Secretary, and
(B) be licensed to practice optometry in a State.
(7)
(A) hold the degree of bachelor of science in pharmacy, or its equivalent, from a school of pharmacy, approved by the Secretary, and
(B) be registered as a pharmacist in a State.
(8)
(A) hold a doctoral degree in psychology from a college or university approved by the Secretary,
(B) have completed study for such degree in a specialty area of psychology and an internship which are satisfactory to the Secretary, and
(C) be licensed or certified as a psychologist in a State, except that the Secretary may waive the requirement of licensure or certification for an individual psychologist for a period not to exceed two years on the condition that that psychologist provide patient care only under the direct supervision of a psychologist who is so licensed or certified.
(9)
(A) hold a master's degree in social work from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice social work in a State, except that the Secretary may waive the requirement of licensure or certification for an individual social worker for a reasonable period of time recommended by the Under Secretary for Health.
(10)
(A) hold a master's degree in marriage and family therapy, or a comparable degree in mental health, from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice marriage and family therapy in a State, except that the Secretary may waive the requirement of licensure or certification for an individual marriage and family therapist for a reasonable period of time recommended by the Under Secretary for Health.
(11)
(A) hold a master's degree in mental health counseling, or a related field, from a college or university approved by the Secretary; and
(B) be licensed or certified to independently practice mental health counseling.
(12)
(A) hold the degree of doctor of chiropractic, or its equivalent, from a college of chiropractic approved by the Secretary; and
(B) be licensed to practice chiropractic in a State.
(13) Peer Specialist.—To be eligible to be appointed to a peer specialist position, a person must—
(A) be a veteran who has recovered or is recovering from a mental health condition; and
(B) be certified by—
(i) a not-for-profit entity engaged in peer specialist training as having met such criteria as the Secretary shall establish for a peer specialist position; or
(ii) a State as having satisfied relevant State requirements for a peer specialist position.
(14)
(c) Except as provided in
(d) A person may not be appointed under
(e) A person may not serve as Chief of Staff of a Department health-care facility if the person is not serving on a full-time basis.
(f) A person may not be employed in a position under subsection (b) (other than under paragraph (4) of that subsection) if—
(1) the person is or has been licensed, registered, or certified (as applicable to such position) in more than one State; and
(2) either—
(A) any of those States has terminated such license, registration, or certification for cause; or
(B) the person has voluntarily relinquished such license, registration, or certification in any of those States after being notified in writing by that State of potential termination for cause.
(g) The Secretary may enter into contracts with not-for-profit entities to provide—
(1) peer specialist training to veterans; and
(2) certification for veterans under subsection (b)(13)(B)(i).
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2008—Subsec. (b)(11).
Subsec. (b)(13).
Subsec. (b)(14).
Subsec. (g).
2006—Subsec. (b)(10) to (12).
2003—Subsec. (b)(10), (11).
2000—Subsec. (b)(9).
1999—Subsec. (f).
1992—Subsec. (d).
1991—Subsec. (b)(9), (10).
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1991 Amendment
Requirements Respecting Basic Proficiency in Spoken and Written English of Appointees After November 23, 1977
§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 by the Secretary.
(d) In determining eligibility for reinstatement in the Federal civil service of persons appointed to positions in the Administration under this chapter who at the time of appointment have a civil-service status, and whose employment in the Administration is terminated, the period of service performed in the Administration shall be included in computing the period of service under applicable civil-service rules and regulations.
(e) In accordance with regulations prescribed by the Secretary, the grade and annual rate of basic pay of a person to whom this section applies whose level of assignment is changed from a level of assignment in which the grade level is based on both the nature of the assignment and personal qualifications may be adjusted to the grade and annual rate of basic pay otherwise appropriate.
(f)(1) Upon the recommendation of the Under Secretary for Health, the Secretary may—
(A) use the authority in subsection (a) to establish the qualifications for and (subject to paragraph (2)) to appoint individuals to positions listed in
(B) use the authority provided in subsection (c) for the promotion and advancement of Department employees serving in such positions.
(2) In using such authority to appoint individuals to such positions, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of
(3) Notwithstanding any other provision of this title or other law, all matters relating to adverse actions, reductions-in-force, the applicability of the principles of preference referred to in paragraph (2), rights of part-time employees, disciplinary actions, and grievance procedures involving individuals appointed to such positions, whether appointed under this section or
(g)(1) The Secretary may appoint in the competitive civil service without regard to the provisions of subchapter I of
(A) has a recognized degree or certificate from an accredited institution in a health-care profession or occupation; and
(B) has successfully completed a clinical education program affiliated with the Department.
(2) In using the authority provided by this subsection, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of
(h)(1) If the Secretary uses the authority provided in subsection (c) for the promotion and advancement of an occupational category of employees described in
(2)(A) Before prescribing a system of promotion and advancement of an occupational category of employees under paragraph (1), the Secretary shall provide to exclusive employee representatives of such occupational category of employees a written description of the proposed system.
(B) Not later than 30 days after receipt of the description of a proposed system under subparagraph (A), exclusive employee representatives may submit to the Secretary the recommendations, if any, of such exclusive employee representatives with respect to the proposed system.
(C) The Secretary shall give full and fair consideration to any recommendations received under subparagraph (B) in deciding whether and how to proceed with a proposed system.
(3) The Secretary shall implement immediately any part of a system of promotion and advancement under paragraph (1) that is proposed under paragraph (2) for which the Secretary receives no recommendations from exclusive employee representatives under paragraph (2).
(4) If the Secretary receives recommendations under paragraph (2) from exclusive employee representatives on any part of a proposed system of promotion and advancement under that paragraph, the Secretary shall determine whether or not to accept the recommendations, either in whole or in part. If the Secretary determines not to accept all or part of the recommendations, the Secretary shall—
(A) notify the congressional veterans' affairs committees of the recommendations and of the portion of the recommendations that the Secretary has determined not to accept;
(B) meet and confer with such exclusive employee representatives, for a period not less than 30 days, for purposes of attempting to reach an agreement on whether and how to proceed with the portion of the recommendations that the Secretary has determined not to accept;
(C) at the election of the Secretary, or of a majority of such exclusive employee representatives who are participating in negotiations on such matter, employ the services of the Federal Mediation and Conciliation Service during the period referred to in subparagraph (B) for purposes of reaching such agreement; and
(D) if the Secretary determines that activities under subparagraph (B), (C), or both are unsuccessful at reaching such agreement and determines (in the sole and unreviewable discretion of the Secretary) that further meeting and conferral under subparagraph (B), mediation under subparagraph (C), or both are unlikely to reach such agreement—
(i) notify the congressional veterans' affairs committees of such determinations, identify for such committees the portions of the recommendations that the Secretary has determined not to accept, and provide such committees an explanation and justification for determining to implement the part of the system subject to such portions of the recommendations without regard to such portions of the recommendations; and
(ii) commencing not earlier than 30 days after notice under clause (i), implement the part of the system subject to the recommendations that the Secretary has determined not to accept without regard to those recommendations.
(5) If the Secretary and exclusive employee representatives reach an agreement under paragraph (4) providing for the resolution of a disagreement on one or more portions of the recommendations that the Secretary had determined not to accept under that paragraph, the Secretary shall immediately implement such resolution.
(6) In implementing a system of promotion and advancement under this subsection, the Secretary shall—
(A) develop and implement mechanisms to permit exclusive employee representatives to participate in the periodic review and evaluation of the system, including peer review, and in any further planning or development required with respect to the system as a result of such review and evaluation; and
(B) provide exclusive employee representatives appropriate access to information to ensure that the participation of such exclusive employee representative in activities under subparagraph (A) is productive.
(7)(A) The Secretary may from time to time modify a system of promotion and advancement under this subsection.
(B) In modifying a system, the Secretary shall take into account any recommendations made by the exclusive employee representatives concerned.
(C) In modifying a system, the Secretary shall comply with paragraphs (2) through (5) and shall treat any proposal for the modification of a system as a proposal for a system for purposes of such paragraphs.
(D) The Secretary shall promptly submit to the congressional veterans' affairs committees a report on any modification of a system. Each report shall include—
(i) an explanation and justification of the modification; and
(ii) a description of any recommendations of exclusive employee representatives with respect to the modification and a statement whether or not the modification was revised in light of such recommendations.
(8) In the case of employees who are not within a unit with respect to which a labor organization is accorded exclusive recognition, the Secretary may develop procedures for input from representatives under this subsection from any appropriate organization that represents a substantial percentage of such employees or, if none, in such other manner as the Secretary considers appropriate, consistent with the purposes of this subsection.
(9) In this subsection, the term "congressional veterans' affairs committees" means the Committees on Veterans' Affairs of the Senate and the House of Representatives.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2010—Subsec. (b)(1).
Subsec. (b)(2) to (4).
2003—Subsec. (a)(2)(H).
Subsec. (f)(3).
Subsec. (h).
1992—Subsec. (f)(1).
Effective Date of 2003 Amendment
Amendment by section 302(c) of
§7404. Grades and pay scales
(a)(1) The annual rates or ranges of rates of basic pay for positions provided in
(2) The pay of physicians and dentists serving in positions to which an Executive order applies under paragraph (1) shall be determined under subchapter III of this chapter instead of such Executive order.
(3)(A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with
(B) A rate of basic pay for a position may not be set under subparagraph (A) in excess of—
(i) in the case the position is not described in clause (ii), the rate of basic pay payable for level III of the Executive Schedule; or
(ii) in the case that the position is covered by a performance appraisal system that meets the certification criteria established by regulation under
(C) Notwithstanding the provisions of subsection (d) of
(b) The grades for positions provided for in paragraph (1) of
physician and dentist schedule
Physician grade.
Dentist grade.
nurse schedule
Nurse V.
Nurse IV.
Nurse III.
Nurse II.
Nurse I.
clinical podiatrist, chiropractor, and optometrist schedule
Chief grade.
Senior grade.
Intermediate grade.
Full grade.
Associate grade.
(c) Notwithstanding the provisions of
(d) Except as provided under subsection (e), subchapter III, and
(e) The position of Chief Nursing Officer, Office of Nursing Services, shall be exempt from the provisions of
(Added
References in Text
Level III of the Executive Schedule, referred to in subsec. (a)(3)(B)(i), is set out in
Level II of the Executive Schedule, referred to in subsec. (a)(3)(B)(ii), is set out in
Prior Provisions
Provisions similar to those in this section were contained in section 4107(a)–(d) of this title prior to the repeal of that section as part of the complete revision of
Amendments
2010—Subsec. (a).
2006—Subsec. (d).
Subsec. (e).
2004—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(1) Level IV for the Deputy Under Secretary for Health.
"(2) Level V for all other positions for which such basic pay is paid under this section."
2003—Subsec. (b)(1).
1992—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d)(1).
Effective Date of 2010 Amendment
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1992 Amendment
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
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 revoked by Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, set out as a note under
§7405. Temporary full-time appointments, part-time appointments, and without-compensation appointments
(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
(B) Positions listed in
(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
(B) Positions listed in
(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
(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
(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
(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
(f) During any period during which the Secretary is exercising the authority provided in subsections (a) and (f)(1) of
(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
(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
(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
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2010—Subsec. (g).
2003—Subsec. (a)(1)(B), (C).
"(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists.
"(C) Dietitians, social workers, and librarians."
Subsec. (a)(2)(B).
Subsec. (c)(1).
2000—Subsec. (c)(2).
Subsec. (c)(3), (4).
1992—Subsecs. (a), (c)(1), (f)(1).
Recruitment of Mental Health Providers for Furnishing Mental Health Services on Behalf of the Department of Veterans Affairs Without Compensation From the Department
"(a)
"(b)
"(c)
§7406. Residencies and internships
(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) hospitalization, medical care, and life insurance and any other employee benefits as are agreed upon by the participating institutions for the period that such intern or resident serves in a Department facility furnishing hospital care or medical services;
(C) tax on employers pursuant to
(D) an amount to cover a pro rata share of the cost of expense of such central administrative agency.
(3)(A) Any amounts paid by the Secretary to such central administrative agency to cover the cost of hospitalization, medical care, or life insurance or other employee benefits shall be in lieu of any benefits of like nature to which such intern or resident may be entitled under the provisions of title 5, and the acceptance of stipends and employee benefits from the designated central administrative agency shall constitute a waiver by the recipient of any claim such recipient might have to any payment of stipends or employee benefits to which such recipient may be entitled under this title or title 5.
(B) Notwithstanding subparagraph (A), any period of service of any such intern or resident in a Department facility furnishing hospital care or medical services shall be deemed creditable service for the purposes of
(4) The agreement with such central administrative agency may further provide that the designated central administrative agency shall—
(A) make all appropriate deductions from the stipend of each intern and resident for local, State, and Federal taxes;
(B) maintain all records pertinent to such deductions and make proper deposits of such deductions; and
(C) maintain all records pertinent to the leave accrued by such intern and resident for the period during which such recipient serves in a participating facility, including a Department facility furnishing hospital care or medical services.
(5) Leave described in paragraph (4)(C) may be pooled, and the intern or resident may be afforded leave by the facility in which such person is serving at the time the leave is to be used to the extent of such person's total accumulated leave, whether or not earned at the facility in which such person is serving at the time the leave is to be afforded.
(Added
References in Text
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1996—Subsec. (c)(2), (3)(B).
Subsec. (c)(4)(C).
Subsec. (c)(5).
Training in Telemedicine
"(1)
"(2)
§7407. Administrative provisions for section 7405 and 7406 appointments
(a) When the Under Secretary for Health determines that it is not possible to recruit qualified citizens for the necessary services, appointments under
(b)(1) Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under
(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
(d) A person may not be appointed under
(e) In accordance with the provisions of
(Added
Prior Provisions
Provisions similar to those in this section were contained in section 4114(c)–(g) of this title prior to the repeal of that section as part of the complete revision of
Amendments
1992—Subsecs. (a), (b)(1).
§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
(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.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
1994—Subsec. (a).
§7409. Contracts for scarce medical specialist services
(a) The Secretary may enter into contracts with institutions and persons described in subsection (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 support personnel.
(b) Institutions and persons with whom the Secretary may enter into contracts under subsection (a) are the following:
(1) Schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing.
(2) Clinics.
(3) Any other group or individual capable of furnishing such scarce medical specialist services.
(Added
Prior Provisions
Provisions similar to those in this section were contained in
Amendments
2003—Subsec. (a).
Effective Date of 2003 Amendment
Amendment by
§7410. Additional pay authorities
(a)
(b)
(2) In determining whether and how much special 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 individual.
(D) The characteristics of the labor market concerned.
(E) Such other factors as the Secretary considers 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 individual shall be considered basic pay for all purposes, including retirement benefits under chapters 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 subchapter 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
Amendments
2010—
1992—
§7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses
The Secretary shall reimburse any full-time board-certified physician or dentist appointed under
(Added