Page:United States Statutes at Large Volume 91.djvu/1464

 91 STAT. 1430

PUBLIC LAW 95-201—NOV. 23, 1977

determines, in accordance with regulations prescribed under subsection (a) of this section,". Special-pay (b) P r i o r to the execution after April 30, 1978, of any written agreements, agreement entered into with a physician or dentist under section 4118 ree valuation. of title 38, United States Code (as amended by subsection (a) of Report to this section), (1) the Chief Medical Director of the Veterans' Congress. Administration shall reevaluate, in view of the executive level pay 38 USC 4118 increase made pursuant to section 225 of the Federal Salary Act of note. 1967, effective February 27, 1977, with respect to the Veterans' Ante, p. 1429. 2 USC 351 et seq. Administration, the need for special-pay agreements, as authorized in such section 4118, in order to recruit and retain highly qualified physicians or dentists in each category of positions in the Department of Medicine and Surgery, and report to Congress not later than April 30, 1978, on the results of such reevaluation with respect to each such category; and (2) notwithstanding such section 4118, the Administrator of Veterans' Affairs, upon the recommendation of the Chief Medical Director and based upon such reevaluations, may promulgate a regulation reducing the amount of p r i m a r y special pay for any such category to the extent the Administrator finds such primary special pay is not necessary to recruit and retain highly qualified physicians or dentists in such category. If a determination Publication in Federal Register. is made to reduce the amount of such primary special pay for any such category, the regulation promulgating the reduction shall be published in the Federal Register not less than t h i r t y days prior to its effective date. 38 USC 4118 (c) The Administrator, not later than t h i r t y days after the date of note. enactment of this Act, may enter into, under section 4118 of title 38, United States Code (as amended by subsection (a) of this section), with any otherwise eligible physician or dentist who was appointed to a position in the Department of Medicine and Surgery in the Veterans' Administration during the period beginning on October 1, 1977, and ending on the date of enactment of this Act, a special-pay agreement providing for the payment of special pay to such physician or dentist retroactive to the date such physician or dentist was appointed to such position. English SEC. 4. (a)(1) Section 4105 of title 38. United States Code, is proficiency amended by inserting at the end thereof the following new subsection: requirement. " (c) Notwithstanding any other provision of law, no person may be appointed under section 4104(1) of this title after the effective date of this subsection to serve in the Department of Medicine and Surgery in any direct patient-care capacity unless the Chief Medical Director determines, in accordance with regulations which the Administrator shall prescribe, that such person possesses such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable such person to carry out such person's health-care responsibilities satisfactorily.". (2) Section 4114 of title 38, United States Code, is amended by inserting at the end thereof the following new subsection: " (f) No person may be appointed under this section after the effective date of this subsection to an occupational category described in section 4104(1) of this title or in subsection (b) of this section unless such person meets the requirements established in section 4105(c) of this title and regulations prescribed thereunder.". (3) Notwithstanding any other provision of law, with respect to 38 USC 4105 persons other than those described in subsection (c) of section 4105 note. and subsection (f) of section 4114 of title 38, United States Code (as Supra. added by paragraph s (1) and (2) of this subsection), who are

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