Page:United States Statutes at Large Volume 105 Part 1.djvu/256

 105 STAT. 228 PUBLIC LAW 102-40—MAY 7, 1991 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 hospital 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 hospital; "(C) tax on employers pursuant to chapter 21 of the Internal Revenue Code of 1986, where applicable; and "(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 hospital shall be deemed creditable service for the purposes of section 8332 of title 5. "(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 hospital, including a Department hospital. "(5) Leave described in paragraph (4)(C) may be pooled, and the intern or resident may be afforded leave by the hospital 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 hospital in which such person is serving at the time the leave is to be afforded. "§7407. Administrative provisions for section 7405 and 7406 appointments "(a) When the Chief Medical Director 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

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