
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7407]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
                       SUBCHAPTER I--APPOINTMENTS
 
Sec. 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 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 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--
        (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 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 section 7425(b) of this 
title, 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.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 
228; 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(c)-(g) 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), (b)(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 section 7402 of this title.
