
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 204]
[CITE: 38USC7405]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
                       SUBCHAPTER I--APPOINTMENTS
 
Sec. 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 section 7401(1) of this title.
            (B) Certified or registered respiratory therapists, licensed 
        physical therapists, licensed practical or vocational nurses, 
        pharmacists, and occupational therapists.
            (C) Dietitians, social workers, and 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 section 7401(1) of this title.
            (B) Certified or registered respiratory therapists, licensed 
        physical therapists, licensed practical or vocational nurses, 
        pharmacists, and occupational therapists.
            (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 section 7408 of this 
    title; 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 section 7401(1) of this title may be for 
a period in excess of 90 days only if the Under Secretary for Health 
finds that circumstances render it impracticable to obtain the necessary 
services through appointments under that section.
    (2) Temporary full-time appointments of persons who have 
successfully completed a full course of nursing in a recognized school 
of nursing, approved by the Secretary, or who have successfully 
completed a full course of training for any category of personnel 
described in paragraph (3) of section 7401 of this title in a recognized 
education or training institution approved by the Secretary, and who are 
pending registration or licensure in a State, or certification by a 
national board recognized by the Secretary, shall not exceed two years.
    (3) 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 
section 7401 of this title in a recognized education or training 
institution approved by the Secretary, may be reappointed for a period 
not to exceed the duration of the student's academic program.
    (f) During any period during which the Secretary is exercising the 
authority provided in subsections (a) and (f)(1) of section 7403 of this 
title in connection with the appointment, under paragraph (3) of section 
7401 of this title, of personnel in a category of personnel described in 
such paragraph--
        (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 section 7401 of this title; and
        (2) part-time appointments of personnel in such category may be 
    for periods of more than one year.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 
226; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 
106 Stat. 1984.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 4114(a) 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

    1992--Subsecs. (a), (c)(1), (f)(1). Pub. L. 102-405 substituted 
``Under Secretary for Health'' for ``Chief Medical Director''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7407, 7408, 7424, 7425 of 
this title; title 5 section 5102.
