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FEDERAL STATUTES AND VA REGULATIONS REGARDING
WITHOUT COMPENSATION APPOINTMENTS
(As of November 2000)
38 USC 513
CH. 5—AUTHORITY AND DUTIES OF THE SECRETARY
§513. Contracts and personnel services
The Secretary may, for purposes of all laws administered by the
Department, accept uncompensated services, and enter into contracts or
agreements with private or public agencies or persons (including
contracts for services of translators without regard to any other law),
for such necessary services (including personal services) as the
Secretary may consider practicable. The Secretary may also enter into
contracts or agreement with private concerns or public agencies for the
hiring of passenger motor vehicles or aircraft for official travel
whenever, in the Secretary's judgement, such arrangements are in the
interest of efficiency or economy.
(Added P.L. 102-83, §2(a), August 6, 1991, 105 Stat. 389)
38 USC 7405
CH. 74—VHA—PERSONNEL
§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 with-out
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) 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 -
(B) Certified or registered respiratory therapists, licensed
physical therapists, licensed practical or vocational nurses,
pharmacists, and occupational therapists.
(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 section 7401 of this title, or as
a physician assistant, in a recognized education or training institution approved by the Secretary; and
(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
section 7401 of this title in a recognized education or training
institution approved by the Secretary, may be re-appointed 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
P. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106-419, title II, Sec. 204, Nov. 1, 2000, 114 Stat. 1842.)
38USC 7401
CH. 74—VHA—PERSONNEL
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 medical care of veterans (in
addition to those in the Office of the Under Secretary for Health
appointed under section 7306 of this title), as follows:
(1) Physicians, dentists, podiatrists, optometrists, registered
nurses, physician assistants, and expanded-function dental
auxiliaries.
(2) Psychologists (other than those described in paragraph (3)),
dietitians, and other scientific and professional personnel, such as
microbiologists, chemists, biostatisticians, and medical and dental
technologies.
(3) Clinical or counseling psychologists who hold diplomas as
diplomates in psychology from an accrediting authority approved by
the Secretary, certified or registered respiratory therapists,
licensed physical therapists, licensed practical or vocational
nurses pharmacists, and occupational therapists.
(Added P.L. 102-40, §401(b)(2), May 7, 1991, 105 Stat. 222;
amended P.L. 102-405, §302 (c)(1), October 9, 1992, 106 Stat. 1984.)
VA Handbook 5005
Part II, Chapter 2
April 15, 2002
4. TYPES OF APPOINTMENTS
c. WOC (Without Compensation) Appointments (5 CFR 304.102).
(1) As a general rule, voluntary or gratuitous services furnished
on the initiative of a person, without a written agreement with VA, will not be
accepted, neither will such services be used in lieu
of the regular employment of employees under the competitive or
excepted service procedures. When such services are used they must be
supplementary to the employment of essential personnel.
(2) Voluntary or gratuitous services may be accepted under an
agreement. (See 7 Comp. Gen. 810. Also see VHA Manual M-2, Pt. XVII, for information on the VA Voluntary Service program, and
chapter 3, this part, for information on other WOC appointments made
under 38 U.S.C. ch74. See 5CFR, part 308, for information concerning voluntary performance by students in
connection with educational programs under authority of 5 U.S.C.
3111.) VA is specifically authorized by 38 U.S.C. 513 to
accept uncompensated services for the purpose of carrying out all laws
administered by the VA. To perform such services the person must meet
legal and regulatory requirements and enter into a written agreement
containing the following points as a minimum:
(a) The identity of the person.
(b) The identity of the VA establishment, the organizational
segment where the service is to be performed, and the nature of the
service.
(c) The inclusive dates of the agreement, or in lieu of a
terminal date, a statement such as “for an indefinite period.”
(d) A waiver of all claims to monetary remuneration.
(e) A provision to cancel the agreement by either party upon
written notification.
(f) Authority under which the agreement is made (38 U.S.C. 513).
(g) Signature of the person and the VA appointing official.
Note: Unpaid work experience may be provided for service-disabled
veterans who are participating in training programs under chapter 31,
title 38. United States Code and for clients of State vocational
rehabilitation facilities. These trainees are not WOC employees. They
receive on-the-job training through written agreements between the
employing Federal facilitiy and the Counseling and Rehabilitation Section
at the appropriate VA regional office or the State vocational
rehabilitation agency (see 5 CFR 2113.3102(k) additional
information).
VH Handbook 5005
Part II, Chapter 3
April 15, 2002
7. ACCEPTANCE OF SERVICES ON A WITHOUT COMPENSATION BASIS UNDER
38 U.S.C. 7405(a)(1)
a. General. The acceptance of the services of qualified individuals
who may be directly or indirectly involved in patient care activities
on a WOC basis is permissible. It is not intended that the services of
individuals utilized on a WOC basis be accepted in place of those
which are usually expected to be performed by personnel for whom funds
are provided on a continuing basis.
b. Occupations Identified in 38 U.S.C. 7401(1) and (3)
(1) Authority for Appointment. Services will be accepted under
the authority of 38 U.S.C. 7405(a)(I), except that medical and
dental residents will
be appointed under authority of 38 U.S.C. 7406. Appointments will
be recommended by the Chief of Staff and approved by the facility
Director. (See sec. B of this chapter for credentialing requirements.)
(2) Processing
(a) VA Forms 10-2850, 10-2850a, 10-2850b, or 10-2850c, as
appropriate, will be submitted by individuals who desire to
participate in the VA medical program on an uncompensated basis.
(b) VA Form Letter 10-294, Letter of Authorization, will be
issued setting forth the terms of utilization. Following approval
of the appointment by the facility Director, the letter will be
signed by the individual attesting to agreement to the conditions
specified, and countersigned by the HRM Officer. The form
letter will be prepared in duplicate, with the original given to
the employee and the duplicate filed in a location designated by
the facility and later disposed of in accordance with existing VHS
instructions.
c. Student Trainees, Research Personnel and All Others
(1) Classes. The classes of personnel who may be utilized on a
WOC basis are:
(a) Medical and dental students who serve as clinical clerks.
(b) Nursing students who are enrolled in hospital, college or
university schools of nursing and who are assigned for clinical
experience and instruction.
(c) Students from affiliated institutions who are in associated
health care occupations, such as all physical medical and
rehabilitation therapists and coordinators, orientation and
mobility specialists, social workers, psychologists, medical
technicians or technologists, medical radiology technicians,
hospital librarians, pharmacists, medical record librarians,
dietitians, dental hygienists, dental assistants and dental
laboratory technicians.
Note: Students in associated health care occupations who
successfully complete an affiliated clinical education training
program in a VA health care facility may be eligible for
noncompetitive appointment under title 5 following graduation from
an accredited institution of post-secondary education in accordance
with current 37 U.S.C. 7403 (g). (See appendix II-C, this
part).
(d) Scientific and technical personnel and laboratory
assistants who are utilized in the medical research program.
Usually individuals utilized on this basis are employed by
associated medical or dental schools or universities to engage in
medical or dental research for which a grant has been made under
the provisions of M-3.
(e) The facility Director is the approving authority for WOC
appointments at facilities.
(2) Full- or Part-Time Utilization. WOC appointments may be made
on a temporary full-time or part-time basis, depending on the particular
objective of the program.
(3) Processing. Employees should be processed and appointed as
outlined in subparagraph b(2) above. When a large group of students is to
be appointed, facility directors may adapt the FL 10-294 to a mass
action type document for appointment purposes provided they retain
its basic content. Applications for employment need not be solicited
unless they are needed to comply with the requirements of section A,
paragraph 3 and/or credentialing requirements of section B, this
chapter.
(4) Payments in kind. When facilities are available, students in
certain designated programs approved by the Under Secretary of
Health or designee, in return for services rendered, may be furnished
quarters and subsistence during the whole or any part of the
training period. Uniforms also may be laundered by VA if facilities
are available. Instructions for making such payments “in kind”
are contained in M-1. If a payment “in kind”
is authorized, additional copies of VA Form Letter 10-294 will be
prepared and submitted to the interested service at the facility
d. Noncitizens. Noncitizens may be utilized on a WOC basis when no
qualified citizens are available and it is deemed to be in the
interest of the facility.
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