Page:United States Statutes at Large Volume 94 Part 1.djvu/1086

 94 STAT. 1036

PUBLIC LAW 96-330—AUG. 26, 1980

dentists performing comparable types of duties are significantly in excess of the levels of total pay (including basic pay and special pay) of Veterans' Administration physicians and dentists, or (ii) whenever other extraordinary circumstances are such that special pay levels are needed to recruit or retain a sufficient number of well-qualified physicians and dentists. Presidential pay "(3) The President shall include in the Budget next transmitted to recommendations, the Congress Under section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), after the submission of each report of the Administrator under paragraph (2)(C) of this subsection recommendations with respect to the exact rates of special pay for physicians and dentists under this section. Report to "(4) Not later than April 30 of each year, the Administrator shall congressional submit to the Committees on Veterans' Affairs of the Senate and committees. House of Representatives a report regarding the implementation of this section. Each such report shall include— "(A) a review of the implementation of this section (including the Administrator's and Chief Medical Director's actions, findings, recommendations, and other activities under this section) to date for the fiscal year during which the report is submitted and for such portion of the preceding fiscal year as was not included in the previous annual report; and "(B) a plan in connection with the implementation of this section for the remainder of the fiscal year during which the report is submitted and for the succeeding fiscal year.". Repeal. (b) Section 3 of the Veterans' Administration Physician and Dentist 38 USC 4118 Pay Comparability Act of 1975 (Public Law 94-123; 89 Stat. 673) is note. repealed. HEALTH-CARE PROFESSIONALS AND DIRECTORS OF MEDICAL FACILITIES EXEMPTED FROM SENIOR EXECUTIVE SERVICE 38 USC 4101.

S E C 105. (a) Section 4101 is amended by adding at the end thereof the following new subsection: "(e) Physicians, dentists, nurses, and other health-care professionals employed by the Department of Medicine and Surgery and appointed 38 USC 4103, under section 4103, 4104(1), or 4114 of this chapter and persons 4104, 4114. appointed under section 4103(a)(8) of this chapter are not subject to the 5 USC 3133 note. provisions of section 413 of the Civil Service Reform Act of 1978 or the following provisions of title 5: subchapter II of chapter 31, subchapter VIII of chapter 33, subchapter V of chapter 35, subchapter II of chapter 43, section 4507, subchapter VIII of chapter 53, and subchapter V of 5 USC 3131, chapter 75.". 3391, 3591, 4311, (b) Section 4103(a) is amended by redesignating clause (8) as clause 4507, 5381, 7541. (9) and by inserting after clause (7) the following new clause (8): 38 USC 4103. "(8) Such directors of hospitals, domiciliary facilities, medical centers, and outpatient facilities as may be appointed by the Administrator upon the recommendation of the Chief Medical Director.". 38 USC 4107. (c) Section 4107(c) is amended by inserting "(1)" after "(c)" and by adding at the end the following new paragraphs: "(2) Notwithstanding any other provision of this title, the terms and conditions of employment of any person to whom paragraph (1) of this subsection applies shall (except as provided in paragraph (3) of this subsection) be the same as those applicable under this title to a physician serving as a director of a hospital, domiciliary facility, medical center, or outpatient facility.

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