38 U.S.C. § 7405 — Temporary full-time appointments, part-time appointments, and without-compensation appointments
submitted 35 years ago by Pub. L. 102-40 to r/title-38-VETERANS-BENEFITS · 801 words · no verdicts yet
On the Under Secretary for Health’s recommendation, the Secretary may make temporary, part-time, uncompensated, or fee-based appointments outside ordinary civil-service rules. The section limits appointment periods and sets a special probation rule for certain temporary part-time nurses.
(a) On the Under Secretary* for Health’s recommendation, the Secretary may hire without civil-service or classification laws, rules, or regulations: (1) temporarily full time, part time, or without compensation*, people in § 7401(1) and (3) positions, librarians, and other professional, clerical, technical, and unskilled personnel, including interns, residents, trainees, and medical-support students; and (2) on a fee basis, people in § 7401(1) and (3) positions and other professional and technical personnel. (b) These people are additional to personnel under § 7306, § 7401(1) and (3), and § 7408, and receive rates the Secretary sets.
(c) A temporary full-time appointment in a § 7401(1) or (3) position may exceed 90 days only if the Under Secretary finds it impracticable to obtain the service through § 7401 appointments. A person who completed an approved nursing course or approved training for a § 7401(3) category or physician assistant, and is awaiting State* registration or license or recognized national certification, may not be appointed temporarily full time for more than 2 years. Appointments of other personnel under subsection (a)(1)(D) may last no more than 3 years but may be renewed for additional periods of up to 3 years. Other temporary full-time appointments may last no more than 1 year unless subsection (f) allows more. (d) A part-time appointment may last no more than 1 year, except for § 7401(1) people, interns, residents, and other medical-support trainees, and except as subsection (f) allows. (e) A student studying full time in an approved nursing or § 7401(3) training program may be reappointed through the length of the academic program.
(f) While the Secretary is using § 7403(a) and (f)(1) authority to appoint a § 7401(3) category, the Secretary may appoint that category full time for over 90 days if the Under Secretary finds § 7401(3) appointments impracticable, and may make part-time appointments lasting over 1 year.
(g)(1) Unless paragraph (3) applies, a registered nurse hired temporarily part time has a 2-year probationary period. (2) After completing it, the employment is no longer temporary, becomes an appointment under § 7403(a), and counts as completion of the § 7403(b) probationary period. (3) This rule does not apply to term-limited appointments of 3 years or less for nurses whose part-time work comes from a Department* nursing-academy affiliation or teaching job, nurses hired for a specific research proposal or grant, or noncitizen nurses appointed under § 7407(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:
On a temporary full-time basis, part-time basis, or without compensation* basis, persons in the following positions:
Positions listed in section 7401(1) of this title.
Positions listed in section 7401(3) of this title.
Librarians.
Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs).
On a fee basis, persons in the following positions:
Positions listed in section 7401(1) of this title.
Positions listed in section 7401(3) of this title.
Other professional and technical personnel.
Personnel employed under subsection (a)—
shall be in addition to personnel described in section 7306, paragraphs (1) and (3) of section 7401, and section 7408 of this title; and
shall be paid such rates of pay as the Secretary may prescribe.
Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of section 7401 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.
A temporary full-time appointment may not be made for a period in excess of two years in the case of a person who—
has successfully completed—
a full course of nursing in a recognized school of nursing, approved by the Secretary; or
a full course of training for any category of personnel described in paragraph (3) of section 7401 of this title, or as a physician assistant, in a recognized education or training institution approved by the Secretary; and
is pending registration or licensure in a State* or certification by a national board recognized by the Secretary.
Temporary full-time appointments of persons in positions referred to in subsection (a)(1)(D) shall not exceed three years.
Temporary full-time appointments under this paragraph may be renewed for one or more additional periods not in excess of three years each.
Temporary full-time appointments of other personnel may not be for a period in excess of one year except as authorized in subsection (f).
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).
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.
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—
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
part-time appointments of personnel in such category may be for periods of more than one year.
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.
Except as provided in paragraph (3), upon completion by a registered nurse of the probationary period described in paragraph (1)—
the employment of such nurse shall—
no longer be considered temporary; and
be considered an appointment described in section 7403(a) of this title; and
the nurse shall be considered to have served the probationary period required by section 7403(b).
This subsection shall not apply to appointments made on a term limited basis of less than or equal to three years of—
nurses with a part-time appointment resulting from an academic affiliation or teaching position in a nursing academy of the Department*;
nurses appointed as a result of a specific research proposal or grant; or
nurses who are not citizens of the United States and appointed under section 7407(a) of this title.
Source credit: (Added Pub. L. 102–40, title IV, § 401(b)(2), May 7, 1991, 105 Stat. 226; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106–419, title II, § 204, Nov. 1, 2000, 114 Stat. 1842; Pub. L. 108–170, title III, § 301(c), Dec. 6, 2003, 117 Stat. 2057; Pub. L. 111–163, title VI, § 601(c), May 5, 2010, 124 Stat. 1168.)
- 1991Enacted · Pub. L. 102-40 · 105 Stat. 226
- 1992Amended · Pub. L. 102-405 · 106 Stat. 1984
- 2000Amended · Pub. L. 106-419 · 114 Stat. 1842
- 2003Amended · Pub. L. 108-170 · 117 Stat. 2057
- 2010Amended · Pub. L. 111-163 · 124 Stat. 1168
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-40 on 1991-05-07.
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