Page:United States Statutes at Large Volume 118.djvu/2670

 118 STAT. 2640 PUBLIC LAW 108–445—DEC. 3, 2004 ‘‘(2) If the pay of a physician or dentist is reduced under this subchapter as a result of an involuntary reassignment in connection with a disciplinary action taken against the physician or dentist, the involuntary reassignment shall be subject to appeal under subchapter V of this chapter. ‘‘(h) DELEGATION OF RESPONSIBILITIES.—The Secretary may delegate to an appropriate officer or employee of the Department any responsibility of the Secretary under subsection (c), (d), or (e) except for the responsibilities of the Secretary under subsection (e)(1). ‘‘§ 7432. Pay of Under Secretary for Health ‘‘(a) BASE PAY.—The base pay of the Under Secretary for Health shall be the annual rate of basic pay for positions at Level III of the Executive Schedule under section 5314 of title 5. ‘‘(b) MARKET PAY.—(1) In the case of an Under Secretary for Health who is also a physician or dentist, in addition to the base pay specified in subsection (a) the Under Secretary for Health may also be paid the market pay element of pay of physicians and dentists under section 7431(c) of this title. ‘‘(2) The amount of market pay of the Under Secretary for Health under this subsection shall be established by the Secretary. ‘‘(3) In establishing the amount of market pay of the Under Secretary for Health under this subsection, the Secretary shall utilize an appropriate health care labor market selected by the Secretary for purposes of this subsection. ‘‘(c) TREATMENT OF PAY.—Pay under this section shall be consid ered pay for all purposes, including retirement benefits under chap ters 83 and 84 of title 5 and other benefits. ‘‘§ 7433. Administrative matters ‘‘(a) REGULATIONS.—(1) The Secretary shall prescribe regula tions relating to the pay of physicians and dentists in the Veterans Health Administration under this subchapter. ‘‘(2) In prescribing the regulations, the Secretary shall take into account the recommendations of the Under Secretary for Health on the administration of this subchapter. In formulating rec ommendations for the purpose of this paragraph, the Under Sec retary shall request the views of representatives of labor organiza tions that are exclusive representatives of physicians and dentists of the Department and the views of representatives of professional organizations of physicians and dentists of the Department. ‘‘(b) REPORTS.—(1) Not later than 18 months after the Secretary prescribes the regulations required by subsection (a), and annually thereafter for the next 5 years, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Rep resentatives a report on the pay of physicians and dentists in the Veterans Health Administration under this subchapter. ‘‘(2) Each report under this subsection shall include the fol lowing: ‘‘(A) A description of the rates of pay in effect during the current fiscal year with a comparison to the rates in effect during the fiscal year preceding the current fiscal year, set forth by facility and by specialty. ‘‘(B) The number of physicians and dentists who left the Veterans Health Administration during the preceding fiscal year.

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