-CITE- 38 USC CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL -HEAD- CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL -MISC1- SUBCHAPTER I - APPOINTMENTS Sec. 7401. Appointments in Veterans Health Administration. 7402. Qualifications of appointees. 7403. Period of appointments; promotions. 7404. Grades and pay scales. 7405. Temporary full-time appointments, part-time appointments, and without-compensation appointments. 7406. Residencies and internships. 7407. Administrative provisions for section 7405 and 7406 appointments. 7408. Appointment of additional employees. 7409. Contracts for scarce medical specialist services. 7410. Additional pay authorities. 7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses. SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION 7421. Personnel administration: in general. 7422. Collective bargaining. 7423. Personnel administration: full-time employees. 7424. Travel expenses of certain employees. 7425. Employees: laws not applicable. 7426. Retirement rights. SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS 7431. Pay. 7432. Pay of Under Secretary for Health. 7433. Administrative matters. SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL 7451. Nurses and other health-care personnel: competitive pay. 7452. Nurses and other health-care personnel: administration of pay. 7453. Nurses: additional pay. 7454. Physician assistants and other health care professionals: additional pay. 7455. Increases in rates of basic pay. 7456. Nurses: special rules for weekend duty. 7456A. Nurses: alternate work schedules. 7457. On-call pay. 7458. Recruitment and retention bonus pay. SUBCHAPTER V - DISCIPLINARY AND GRIEVANCE PROCEDURES 7461. Adverse actions: section 7401(1) employees. 7462. Major adverse actions involving professional conduct or competence. 7463. Other adverse actions. 7464. Disciplinary Appeals Boards. SUBCHAPTER VI - REGIONAL MEDICAL EDUCATION CENTERS 7471. Designation of Regional Medical Education Centers. 7472. Supervision and staffing of Centers. 7473. Personnel eligible for training. 7474. Consultation. AMENDMENTS 2004 - Pub. L. 108-445, Secs. 3(g), 4(a)(2), Dec. 3, 2004, 118 Stat. 2643, 2645, substituted "PAY FOR PHYSICIANS AND DENTISTS" for "SPECIAL PAY FOR PHYSICIANS AND DENTISTS" in item for subchapter III, "Pay" for "Special pay: authority" in item 7431, "Pay of Under Secretary for Health" for "Special pay: written agreements" in item 7432, "Administrative matters" for "Special pay: full-time physicians" in item 7433, struck out items 7434 "Special pay: part- time physicians", 7435 "Special pay: full-time dentists", 7436 "Special pay: part-time dentists", 7437 "Special pay: general provisions", 7438 "Special pay: coordination with other benefits laws", 7439 "Periodic review of pay of physicians and dentists; quadrennial report", and 7440 "Annual report", and added item 7456A. 1991 - Pub. L. 102-40, title I, Secs. 102, 103(a)(2), title II, Sec. 203(b), title IV, Sec. 401(b)(1), May 7, 1991, 105 Stat. 187, 199, 207, 221, added chapter heading and analysis. -End- -CITE- 38 USC SUBCHAPTER I - APPOINTMENTS 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- SUBCHAPTER I - APPOINTMENTS -End- -CITE- 38 USC Sec. 7401 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7401. Appointments in Veterans Health Administration -STATUTE- There may be appointed by the Secretary such personnel as the Secretary may find necessary for the health 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, chiropractors, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. (2) Scientific and professional personnel, such as microbiologists, chemists, and biostatisticians. (3) Audiologists, speech pathologists, and audiologist-speech pathologists, biomedical engineers, certified or registered respiratory therapists, dietitians, licensed physical therapists, licensed practical or vocational nurses, medical instrument technicians, medical records administrators or specialists, medical records technicians, medical technologists, dental hygienists, dental assistants, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 222; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 108-170, title III, Secs. 301(a)(1), 302(a), Dec. 6, 2003, 117 Stat. 2054, 2057; Pub. L. 108- 422, title V, Sec. 502, Nov. 30, 2004, 118 Stat. 2396.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4104 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2004 - Par. (3). Pub. L. 108-422 substituted "technologists, dental hygienists, dental assistants" for "and dental technologists" and "technologists, therapeutic radiologic technologists, social workers, blind rehabilitation specialists, and blind rehabilitation outpatient specialists" for "technicians, therapeutic radiologic technicians, and social workers". 2003 - Pub. L. 108-170, Sec. 302(a)(1), substituted "health" for "medical" in introductory provisions. Par. (1). Pub. L. 108-170, Sec. 302(a)(2), inserted "chiropractors," after "podiatrists,". Par. (2). Pub. L. 108-170, Sec. 301(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: "Psychologists (other than those described in paragraph (3)), dietitians, and other scientific and professional personnel, such as microbiologists, chemists, biostatisticians, and medical and dental technologists." Par. (3). Pub. L. 108-170, Sec. 301(a)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "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." 1992 - Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by section 302(a) of Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. PRIOR APPOINTMENTS OF CERTAIN PERSONNEL Pub. L. 108-170, title III, Sec. 301(a)(2), Dec. 6, 2003, 117 Stat. 2055, provided that: "Personnel appointed to the Veterans Health Administration before the date of the enactment of this Act [Dec. 6, 2003] who are in an occupational category of employees specified in paragraph (3) of section 7401 of title 38, United States Code, by reason of the amendment made by paragraph (1)(B) of this subsection [amending this section] shall, as of such date, be deemed to have been appointed to the Administration under such paragraph (3)." -End- -CITE- 38 USC Sec. 7402 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7402. Qualifications of appointees -STATUTE- (a) To be eligible for appointment to the positions in the Administration covered by subsection (b), a person must have the applicable qualifications set forth in that subsection. (b)(1) Physician. - To be eligible to be appointed to a physician position, a person must - (A) hold the degree of doctor of medicine or of doctor of osteopathy from a college or university approved by the Secretary, (B) have completed an internship satisfactory to the Secretary, and (C) be licensed to practice medicine, surgery, or osteopathy in a State. (2) Dentist. - To be eligible to be appointed to a dentist position, a person must - (A) hold the degree of doctor of dental surgery or dental medicine from a college or university approved by the Secretary, and (B) be licensed to practice dentistry in a State. (3) Nurse. - To be eligible to be appointed to a nurse position, a person must - (A) have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, and (B) be registered as a graduate nurse in a State. (4) Director of a Hospital, Domiciliary, Center, or Outpatient Clinic. - To be eligible to be appointed to a director position, a person must have such business and administrative experience and qualifications as the Secretary shall prescribe. (5) Podiatrist. - To be eligible to be appointed to a podiatrist position, a person must - (A) hold the degree of doctor of podiatric medicine, or its equivalent, from a school of podiatric medicine approved by the Secretary, and (B) be licensed to practice podiatry in a State. (6) Optometrist. - To be eligible to be appointed to an optometrist position, a person must - (A) hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Secretary, and (B) be licensed to practice optometry in a State. (7) Pharmacist. - To be eligible to be appointed to a pharmacist position, a person must - (A) hold the degree of bachelor of science in pharmacy, or its equivalent, from a school of pharmacy, approved by the Secretary, and (B) be registered as a pharmacist in a State. (8) Psychologist. - To be eligible to be appointed to a psychologist position, a person must - (A) hold a doctoral degree in psychology from a college or university approved by the Secretary, (B) have completed study for such degree in a specialty area of psychology and an internship which are satisfactory to the Secretary, and (C) be licensed or certified as a psychologist in a State, except that the Secretary may waive the requirement of licensure or certification for an individual psychologist for a period not to exceed two years on the condition that that psychologist provide patient care only under the direct supervision of a psychologist who is so licensed or certified. (9) Social Worker. - To be eligible to be appointed to a social worker position, a person must - (A) hold a master's degree in social work from a college or university approved by the Secretary; and (B) be licensed or certified to independently practice social work in a State, except that the Secretary may waive the requirement of licensure or certification for an individual social worker for a reasonable period of time recommended by the Under Secretary for Health. (10) Chiropractor. - To be eligible to be appointed to a chiropractor position, a person must - (A) hold the degree of doctor of chiropractic, or its equivalent, from a college of chiropractic approved by the Secretary; and (B) be licensed to practice chiropractic in a State. (11) Other Health-Care Positions. - To be appointed as a physician assistant, expanded-function dental auxiliary, certified or registered respiratory therapist, licensed physical therapist, licensed practical or vocational nurse, occupational therapist, dietitian, microbiologist, chemist, biostatistician, medical technologist, dental technologist, or other position, a person must have such medical, dental, scientific, or technical qualifications as the Secretary shall prescribe. (c) Except as provided in section 7407(a) of this title, a person may not be appointed in the Administration to a position listed in section 7401(1) of this title unless the person is a citizen of the United States. (d) A person may not be appointed under section 7401(1) of this title to serve in the Administration in any direct patient-care capacity unless the Under Secretary for Health determines that the 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 the person to carry out the person's health-care responsibilities satisfactorily. Any determination by the Under Secretary for Health under this subsection shall be in accordance with regulations which the Secretary shall prescribe. (e) A person may not serve as Chief of Staff of a Department health-care facility if the person is not serving on a full-time basis. (f) A person may not be employed in a position under subsection (b) (other than under paragraph (4) of that subsection) if - (1) the person is or has been licensed, registered, or certified (as applicable to such position) in more than one State; and (2) either - (A) any of those States has terminated such license, registration, or certification for cause; or (B) the person has voluntarily relinquished such license, registration, or certification in any of those States after being notified in writing by that State of potential termination for cause. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 222; amended Pub. L. 102-86, title III, Sec. 305(a), Aug. 14, 1991, 105 Stat. 417; Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 106-117, title II, Sec. 209, Nov. 30, 1999, 113 Stat. 1569; Pub. L. 106-419, title II, Sec. 205, Nov. 1, 2000, 114 Stat. 1842; Pub. L. 108-170, title III, Sec. 302(b), Dec. 6, 2003, 117 Stat. 2058.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in sections 4105 and 4108(b) of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2003 - Subsec. (b)(10), (11). Pub. L. 108-170 added par. (10) and redesignated former par. (10) as (11). 2000 - Subsec. (b)(9). Pub. L. 106-419 substituted "a person must - " and subpars. (A) and (B) for "a person must hold a master's degree in social work from a college or university approved by the Secretary and satisfy the social worker licensure, certification, or registration requirements, if any, of the State in which the social worker is to be employed, except that the Secretary may waive the licensure, certification, or registration requirement of this paragraph for an individual social worker for a reasonable period, not to exceed 3 years, in order for the social worker to take any actions necessary to satisfy the licensure, certification, or registration requirements of such State." 1999 - Subsec. (f). Pub. L. 106-117 added subsec. (f). 1992 - Subsec. (d). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director" in two places. 1991 - Subsec. (b)(9), (10). Pub. L. 102-86 added par. (9) and redesignated former par. (9) as (10). EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Section 305(b) of Pub. L. 102-86 provided that: "The amendment made by subsection (a) [amending this section] does not apply to any person employed as a social worker by the Department of Veterans Affairs on or before the date of the enactment of this Act [Aug. 14, 1991]." REQUIREMENTS RESPECTING BASIC PROFICIENCY IN SPOKEN AND WRITTEN ENGLISH OF APPOINTEES AFTER NOVEMBER 23, 1977 Section 4(a)(3) of Pub. L. 95-201 provided that: "Notwithstanding any other provision of law, with respect to persons other than those described in subsection (c) of section 4105 and subsection (f) of section 4114 of title 38, United States Code [former sections 4105(c) and 4114(f) of this title, see subsec. (d) of this section and section 7407(d) of this title] (as added by paragraphs (1) and (2) of this subsection), who are appointed after the date of enactment of this Act [Nov. 23, 1977] in the Department of Medicine and Surgery in the Veterans' Administration [now Veterans Health Administration of the Department of Veterans Affairs] in any direct patient-care capacity, and with respect to persons described in such subsections who are appointed after such enactment date and prior to January 1, 1978, the Administrator of Veterans' Affairs [now Secretary of Veterans Affairs], upon the recommendation of the Chief Medical Director [now Under Secretary for Health], shall take appropriate steps to provide reasonable assurance that such persons possess 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 persons to carry out their health-care responsibilities satisfactorily." -End- -CITE- 38 USC Sec. 7403 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7403. Period of appointments; promotions -STATUTE- (a)(1) Appointments under this chapter of health-care professionals to whom this section applies may be made only after qualifications have been satisfactorily established in accordance with regulations prescribed by the Secretary, without regard to civil-service requirements. (2) This section applies to the following persons appointed under this chapter: (A) Physicians. (B) Dentists. (C) Podiatrists. (D) Optometrists. (E) Nurses. (F) Physician assistants. (G) Expanded-function dental auxiliaries. (H) Chiropractors. (b)(1) Appointments described in subsection (a) shall be for a probationary period of two years. (2) The record of each person serving under such an appointment in the Medical, Dental, and Nursing Services shall be reviewed from time to time by a board, appointed in accordance with regulations of the Secretary. If such a board finds that such person is not fully qualified and satisfactory, such person shall be separated from the service. (c) Promotions of persons to whom this section applies shall be made only after examination given in accordance with regulations prescribed by the Secretary. Advancement within grade may be made in increments of the minimum rate of basic pay of the grade in accordance with regulations prescribed by the Secretary. (d) In determining eligibility for reinstatement in the Federal civil service of persons appointed to positions in the Administration under this chapter who at the time of appointment have a civil-service status, and whose employment in the Administration is terminated, the period of service performed in the Administration shall be included in computing the period of service under applicable civil-service rules and regulations. (e) In accordance with regulations prescribed by the Secretary, the grade and annual rate of basic pay of a person to whom this section applies whose level of assignment is changed from a level of assignment in which the grade level is based on both the nature of the assignment and personal qualifications may be adjusted to the grade and annual rate of basic pay otherwise appropriate. (f)(1) Upon the recommendation of the Under Secretary for Health, the Secretary may - (A) use the authority in subsection (a) to establish the qualifications for and (subject to paragraph (2)) to appoint individuals to positions listed in section 7401(3) of this title; and (B) use the authority provided in subsection (c) for the promotion and advancement of Department employees serving in such positions. (2) In using such authority to appoint individuals to such positions, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5. (3) Notwithstanding any other provision of this title or other law, all matters relating to adverse actions, reductions-in-force, the applicability of the principles of preference referred to in paragraph (2), rights of part-time employees, disciplinary actions, and grievance procedures involving individuals appointed to such positions, whether appointed under this section or section 7405(a)(1)(B) of this title (including similar actions and procedures involving an employee in a probationary status), shall be resolved under the provisions of title 5 as though such individuals had been appointed under that title. (g)(1) The Secretary may appoint in the competitive civil service without regard to the provisions of subchapter I of chapter 33 of title 5 (other than sections 3303 and 3328 of such title) an individual who - (A) has a recognized degree or certificate from an accredited institution in a health-care profession or occupation; and (B) has successfully completed a clinical education program affiliated with the Department. (2) In using the authority provided by this subsection, the Secretary shall apply the principles of preference for the hiring of veterans and other persons established in subchapter I of chapter 33 of title 5. (h)(1) If the Secretary uses the authority provided in subsection (c) for the promotion and advancement of an occupational category of employees described in section 7401(3) of this title, as authorized by subsection (f)(1)(B), the Secretary shall do so through one or more systems prescribed by the Secretary. Each such system shall be planned, developed, and implemented in collaboration with, and with the participation of, exclusive employee representatives of such occupational category of employees. (2)(A) Before prescribing a system of promotion and advancement of an occupational category of employees under paragraph (1), the Secretary shall provide to exclusive employee representatives of such occupational category of employees a written description of the proposed system. (B) Not later than 30 days after receipt of the description of a proposed system under subparagraph (A), exclusive employee representatives may submit to the Secretary the recommendations, if any, of such exclusive employee representatives with respect to the proposed system. (C) The Secretary shall give full and fair consideration to any recommendations received under subparagraph (B) in deciding whether and how to proceed with a proposed system. (3) The Secretary shall implement immediately any part of a system of promotion and advancement under paragraph (1) that is proposed under paragraph (2) for which the Secretary receives no recommendations from exclusive employee representatives under paragraph (2). (4) If the Secretary receives recommendations under paragraph (2) from exclusive employee representatives on any part of a proposed system of promotion and advancement under that paragraph, the Secretary shall determine whether or not to accept the recommendations, either in whole or in part. If the Secretary determines not to accept all or part of the recommendations, the Secretary shall - (A) notify the congressional veterans' affairs committees of the recommendations and of the portion of the recommendations that the Secretary has determined not to accept; (B) meet and confer with such exclusive employee representatives, for a period not less than 30 days, for purposes of attempting to reach an agreement on whether and how to proceed with the portion of the recommendations that the Secretary has determined not to accept; (C) at the election of the Secretary, or of a majority of such exclusive employee representatives who are participating in negotiations on such matter, employ the services of the Federal Mediation and Conciliation Service during the period referred to in subparagraph (B) for purposes of reaching such agreement; and (D) if the Secretary determines that activities under subparagraph (B), (C), or both are unsuccessful at reaching such agreement and determines (in the sole and unreviewable discretion of the Secretary) that further meeting and conferral under subparagraph (B), mediation under subparagraph (C), or both are unlikely to reach such agreement - (i) notify the congressional veterans' affairs committees of such determinations, identify for such committees the portions of the recommendations that the Secretary has determined not to accept, and provide such committees an explanation and justification for determining to implement the part of the system subject to such portions of the recommendations without regard to such portions of the recommendations; and (ii) commencing not earlier than 30 days after notice under clause (i), implement the part of the system subject to the recommendations that the Secretary has determined not to accept without regard to those recommendations. (5) If the Secretary and exclusive employee representatives reach an agreement under paragraph (4) providing for the resolution of a disagreement on one or more portions of the recommendations that the Secretary had determined not to accept under that paragraph, the Secretary shall immediately implement such resolution. (6) In implementing a system of promotion and advancement under this subsection, the Secretary shall - (A) develop and implement mechanisms to permit exclusive employee representatives to participate in the periodic review and evaluation of the system, including peer review, and in any further planning or development required with respect to the system as a result of such review and evaluation; and (B) provide exclusive employee representatives appropriate access to information to ensure that the participation of such exclusive employee representative in activities under subparagraph (A) is productive. (7)(A) The Secretary may from time to time modify a system of promotion and advancement under this subsection. (B) In modifying a system, the Secretary shall take into account any recommendations made by the exclusive employee representatives concerned. (C) In modifying a system, the Secretary shall comply with paragraphs (2) through (5) and shall treat any proposal for the modification of a system as a proposal for a system for purposes of such paragraphs. (D) The Secretary shall promptly submit to the congressional veterans' affairs committees a report on any modification of a system. Each report shall include - (i) an explanation and justification of the modification; and (ii) a description of any recommendations of exclusive employee representatives with respect to the modification and a statement whether or not the modification was revised in light of such recommendations. (8) In the case of employees who are not within a unit with respect to which a labor organization is accorded exclusive recognition, the Secretary may develop procedures for input from representatives under this subsection from any appropriate organization that represents a substantial percentage of such employees or, if none, in such other manner as the Secretary considers appropriate, consistent with the purposes of this subsection. (9) In this subsection, the term "congressional veterans' affairs committees" means the Committees on Veterans' Affairs of the Senate and the House of Representatives. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 224; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 108-170, title III, Secs. 301(b), 302(c), Dec. 6, 2003, 117 Stat. 2055, 2058.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4106 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2003 - Subsec. (a)(2)(H). Pub. L. 108-170, Sec. 302(c), added subpar. (H). Subsec. (f)(3). Pub. L. 108-170, Sec. 301(b)(1), inserted "reductions-in-force, the applicability of the principles of preference referred to in paragraph (2), rights of part-time employees," after "adverse actions,", ", whether appointed under this section or section 7405(a)(1)(B) of this title" after "such positions", and comma after "status)". Subsec. (h). Pub. L. 108-170, Sec. 301(b)(2), added subsec. (h). 1992 - Subsec. (f)(1). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by section 302(c) of Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. -End- -CITE- 38 USC Sec. 7404 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7404. Grades and pay scales -STATUTE- (a) The annual rates or ranges of rates of basic pay for positions provided in section 7306 of this title shall be prescribed from time to time by Executive order as authorized by chapter 53 of title 5 or as otherwise authorized by law. The pay of physicians and dentists serving in positions to which an Executive order applies under the preceding sentence shall be determined under subchapter III of this chapter instead of such Executive order. (b) The grades for positions provided for in paragraph (1) of section 7401 of this title shall be as follows. The annual ranges of rates of basic pay for those grades shall be prescribed from time to time by Executive order as authorized by chapter 53 of title 5 or as otherwise authorized by law: PHYSICIAN AND DENTIST SCHEDULE Physician grade. Dentist grade. NURSE SCHEDULE Nurse V. Nurse IV. Nurse III. Nurse II. Nurse I. CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE Chief grade. Senior grade. Intermediate grade. Full grade. Associate grade. (c) Notwithstanding the provisions of section 7425(a) of this title, a person appointed under section 7306 of this title who is not eligible for pay under subchapter III shall be deemed to be a career appointee for the purposes of sections 4507 and 5384 of title 5. (d) Except as provided under subchapter III and in section 7457 of this title, pay for positions for which basic pay is paid under this section may not be paid at a rate in excess of the rate of basic pay authorized by section 5316 of title 5 for positions in Level V of the Executive Schedule. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 225; amended Pub. L. 102-405, title II, Sec. 206, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585, title III, Sec. 301(a), Nov. 4, 1992, 106 Stat. 4951; Pub. L. 108- 170, title III, Sec. 302(d), Dec. 6, 2003, 117 Stat. 2058; Pub. L. 108-445, Sec. 3(a), (f), Dec. 3, 2004, 118 Stat. 2636, 2643.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4107(a)-(d) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-445, Sec. 3(a)(2), inserted at end "The pay of physicians and dentists serving in positions to which an Executive order applies under the preceding sentence shall be determined under subchapter III of this chapter instead of such Executive order." Subsec. (b). Pub. L. 108-445, Sec. 3(a)(1), struck out "(1)" after "(b)", inserted items relating to Physician grade and Dentist grade under heading "physician and dentist schedule" and struck out former items under that heading, which read "Director grade", "Executive grade", "Chief grade", "Senior grade", "Intermediate grade", "Full grade", and "Associate grade", and struck out par. (2). Prior to amendment, par. (2) read as follows: "A person may not hold the director grade in the Physician and Dentist Schedule unless the person is serving as a director of a hospital, domiciliary, center, or outpatient clinic (independent), or comparable position. A person may not hold the executive grade in that Schedule unless the person holds the position of chief of staff at a hospital, center, or outpatient clinic (independent), or comparable position." Subsec. (c). Pub. L. 108-445, Sec. 3(f)(1), substituted "pay" for "special pay". Subsec. (d). Pub. L. 108-445, Sec. 3(f)(2), substituted "pay for positions for which basic pay is paid under this section may not be paid at a rate in excess of the rate of basic pay authorized by section 5316 of title 5 for positions in Level V of the Executive Schedule." for "pay may not be paid at a rate in excess of the rate of basic pay for an appropriate level authorized by section 5315 or 5316 of title 5 for positions in the Executive Schedule, as follows: "(1) Level IV for the Deputy Under Secretary for Health. "(2) Level V for all other positions for which such basic pay is paid under this section." 2003 - Subsec. (b)(1). Pub. L. 108-170 substituted "clinical podiatrist, chiropractor, and optometrist schedule" for "clinical podiatrist and optometrist schedule" as third center heading in table. 1992 - Subsec. (b)(1). Pub. L. 102-585 inserted items relating to Nurse V through I under heading "nurse schedule" and struck out former items under that heading, "Director grade", "Senior grade", "Intermediate grade", and "Entry grade". Subsec. (b)(2). Pub. L. 102-405, Sec. 206, inserted ", or comparable position" before period at end of first sentence. Subsec. (d)(1). Pub. L. 102-405, Sec. 302(c)(1), substituted "Under Secretary for Health" for "Chief Medical Director". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Section 308 of Pub. L. 102-585 provided that: "The amendments made by sections 301, 302, 303, and 304 [amending this section and sections 7451 and 7452 of this title] shall take effect with respect to the first pay period beginning on or after the end of the six-month period beginning on the date of the enactment of this Act [Nov. 4, 1992]." -EXEC- ADJUSTMENT OF PAY RATES For adjustment of pay rates under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12438 Ex. Ord. No. 12438, Aug. 23, 1983, 48 F.R. 39205, which related to review of increases in rates of basic pay for employees of the Veterans' Administration, was revoked by Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, set out as a note under section 7455 of this title. -End- -CITE- 38 USC Sec. 7405 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7405. Temporary full-time appointments, part-time appointments, and without-compensation appointments -STATUTE- (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 without compensation basis, persons in the following positions: (A) Positions listed in section 7401(1) of this title. (B) Positions listed in section 7401(3) of this title. (C) 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) Positions listed in section 7401(3) of this title. (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 paragraphs (1) and (3) of section 7401 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 - (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 (B) is pending registration or licensure in a State or certification by a national board recognized by the Secretary. (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 reappointed 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. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 226; amended Pub. 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; Pub. L. 108-170, title III, Sec. 301(c), Dec. 6, 2003, 117 Stat. 2057.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4114(a) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2003 - Subsec. (a)(1)(B), (C). Pub. L. 108-170, Sec. 301(c)(1)(A), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which read as follows: "(B) Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists. "(C) Dietitians, social workers, and librarians." Subsec. (a)(2)(B). Pub. L. 108-170, Sec. 301(c)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: "Certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, and occupational therapists." Subsec. (c)(1). Pub. L. 108-170, Sec. 301(c)(2), substituted "paragraphs (1) and (3) of section 7401" for "section 7401(1)". 2000 - Subsec. (c)(2). Pub. L. 106-419, Sec. 204(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Temporary full-time appointments of persons who have successfully completed a full course of nursing in a recognized school of nursing, approved by the Secretary, or who have successfully completed 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, and who are pending registration or licensure in a State, or certification by a national board recognized by the Secretary, shall not exceed two years." Subsec. (c)(3), (4). Pub. L. 106-419, Sec. 204(b), added par. (3) and redesignated former par. (3) as (4). 1992 - Subsecs. (a), (c)(1), (f)(1). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". -End- -CITE- 38 USC Sec. 7406 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7406. Residencies and internships -STATUTE- (a)(1) The Secretary may establish residencies and internships. The Secretary may appoint qualified persons to such positions without regard to civil service or classification laws, rules, or regulations. (2) For the purposes of this section: (A) The term "internship" includes the equivalency of an internship as determined in accordance with regulations which the Secretary shall prescribe. (B) The term "intern" means a person serving an internship. (b) The Secretary may prescribe the conditions of employment of persons appointed under this section, including necessary training, and the customary amount and terms of pay for such positions during the period of such employment and training. The amount and terms of such pay may be established retroactively based on changes in such customary amount and terms. (c)(1) In order to carry out more efficiently the provisions of subsection (a)(1), the Secretary may contract with one or more hospitals, medical schools, or medical installations having hospital facilities and participating with the Department in the training of interns or residents to provide, by the designation of one such 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 facility furnishing hospital care or medical services 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 facility furnishing hospital care or medical services; (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 facility furnishing hospital care or medical services 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 facility, including a Department facility furnishing hospital care or medical services. (5) Leave described in paragraph (4)(C) may be pooled, and the intern or resident may be afforded leave by the facility 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 facility in which such person is serving at the time the leave is to be afforded. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 227; amended Pub. L. 104-262, title III, Sec. 345, Oct. 9, 1996, 110 Stat. 3208.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a)(1), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsec. (a)(1), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. Chapter 21 of the Internal Revenue Code of 1986, referred to in subsec. (c)(2)(C), is classified to chapter 21 (Sec. 3101 et seq.) of Title 26, Internal Revenue Code. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4114(b) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 1996 - Subsec. (c)(2), (3)(B). Pub. L. 104-262, Sec. 345(1), substituted "Department facility furnishing hospital care or medical services" for "Department hospital" wherever appearing. Subsec. (c)(4)(C). Pub. L. 104-262, Sec. 345(2), substituted "participating facility" for "participating hospital". Pub. L. 104-262, Sec. 345(1), substituted "Department facility furnishing hospital care or medical services" for "Department hospital". Subsec. (c)(5). Pub. L. 104-262, Sec. 345(3), substituted "facility" for "hospital" in two places. -End- -CITE- 38 USC Sec. 7407 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7407. Administrative provisions for section 7405 and 7406 appointments -STATUTE- (a) When the Under Secretary for Health 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 this title or of any other law prohibiting the employment of, or payment of compensation to, a person who is not a citizen of the United States. (b)(1) Subject to paragraph (2), the Under Secretary for Health may waive for the purpose of the appointment of an individual under section 7405 or 7406 of this title the requirements set forth in section 7402(b) of this title - (A) that a physician, dentist, psychologist, optometrist, registered nurse, practical or vocational nurse, or physical therapist be licensed or certified, as appropriate; (B) that the licensure or certification of such an individual be in a State; and (C) that a psychologist have completed an internship. (2) The waivers authorized in paragraph (1) may be granted - (A) in the case of clauses (A) and (C) of such paragraph, if the individual (i) will be employed to conduct research or serve in an academic position, and (ii) will have no responsibility for furnishing direct patient care services; and (B) in the case of clause (B) of such paragraph, if the individual will be employed to serve in a country other than the United States and the individual's licensure or registration is in the country in which the individual is to serve. (c) The program of training prescribed by the Secretary in order to qualify a person for the position of full-time physician assistant or expanded-function dental auxiliary shall be considered a full-time institutional program for purposes of chapter 34 of this title. The Secretary may consider training for such a position to be on a less than full-time basis for purposes of such chapter when the combined classroom (and other formal instruction) portion of the program and the on-the-job training portion of the program total less than 30 hours per week. (d) A person may not be appointed under section 7405 or 7406 of this title to an occupational category described in section 7401(1) of this title or in section 7406 of this title unless the person meets the requirements established in section 7402(d) of this title and regulations prescribed under that section. (e) In accordance with the provisions of section 7425(b) of this title, the provisions of chapter 34 of title 5 pertaining to part- time career employment shall not apply to part-time appointments under sections 7405 and 7406 of this title. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 228; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4114(c)-(g) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 1992 - Subsecs. (a), (b)(1). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". -End- -CITE- 38 USC Sec. 7408 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7408. Appointment of additional employees -STATUTE- (a) There shall be appointed by the Secretary under civil service laws, rules, and regulations, such additional employees, other than those provided in section 7306 and paragraphs (1) and (3) of section 7401 of this title and those specified in sections 7405 and 7406 of this title, as may be necessary to carry out the provisions of this chapter. (b) The Secretary, after considering an individual's existing pay, higher or unique qualifications, or the special needs of the Department, may appoint the individual to a position in the Administration providing direct patient-care services or services incident to direct patient-services at a rate of pay above the minimum rate of the appropriate grade. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 103-446, title XII, Sec. 1201(e)(21), Nov. 2, 1994, 108 Stat. 4686.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly section 3301 et seq. of Title 5. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4111 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 1994 - Subsec. (a). Pub. L. 103-446 substituted "civil service" for "civil-service". -End- -CITE- 38 USC Sec. 7409 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7409. Contracts for scarce medical specialist services -STATUTE- (a) The Secretary may enter into contracts with institutions and persons described in subsection (b) to provide scarce medical specialist services at Department facilities. Such services may include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded- function dental auxiliaries, technicians, and other medical support personnel. (b) Institutions and persons with whom the Secretary may enter into contracts under subsection (a) are the following: (1) Schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing. (2) Clinics. (3) Any other group or individual capable of furnishing such scarce medical specialist services. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(2), May 7, 1991, 105 Stat. 229; amended Pub. L. 108-170, title III, Sec. 302(f), Dec. 6, 2003, 117 Stat. 2058.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4117 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2003 - Subsec. (a). Pub. L. 108-170 inserted "chiropractors," after "optometrists," in second sentence. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. -End- -CITE- 38 USC Sec. 7410 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7410. Additional pay authorities -STATUTE- The Secretary may authorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to the personnel described in paragraph (1) of section 7401 of this title, or interview expenses to candidates for appointment as such personnel, in the same manner, and subject to the same limitations, as in the case of the authority provided under sections 5524a, 5706b, 5753, and 5754 of title 5. -SOURCE- (Added Pub. L. 102-40, title I, Sec. 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- AMENDMENTS 1992 - Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". -End- -CITE- 38 USC Sec. 7411 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER I - APPOINTMENTS -HEAD- Sec. 7411. Full-time board-certified physicians and dentists: reimbursement of continuing professional education expenses -STATUTE- The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses incurred, up to $1,000 per year, for continuing professional education. -SOURCE- (Added Pub. L. 102-40, title I, Sec. 103(a)[(1)], May 7, 1991, 105 Stat. 199.) -MISC1- EFFECTIVE DATE Section 103(b) of Pub. L. 102-40 provided that: "Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing professional education that is pursued after September 30, 1991." -End- -CITE- 38 USC SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -End- -CITE- 38 USC Sec. 7421 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7421. Personnel administration: in general -STATUTE- (a) Notwithstanding any law, Executive order, or regulation, the Secretary shall prescribe by regulation the hours and conditions of employment and leaves of absence of employees appointed under any provision of this chapter in positions in the Veterans Health Administration listed in subsection (b). (b) Subsection (a) refers to the following positions: (1) Physicians. (2) Dentists. (3) Podiatrists. (4) Optometrists. (5) Registered nurses. (6) Physician assistants. (7) Expanded-duty dental auxiliaries. (8) Chiropractors. -SOURCE- (Added Pub. L. 102-40, title II, Sec. 202, May 7, 1991, 105 Stat. 200; amended Pub. L. 108-170, title III, Sec. 302(g), Dec. 6, 2003, 117 Stat. 2058.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4108(a) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2003 - Subsec. (b)(8). Pub. L. 108-170 added par. (8). EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of Pub. L. 108-170, set out as a note under section 7316 of this title. PRESERVATION OF EXISTING COLLECTIVE-BARGAINING ARRANGEMENTS AND PENDING ACTIONS Section 205 of Pub. L. 102-40 provided that: "(a) Existing Collective-Bargaining Arrangements. - Any determination under chapter 71 of title 5, United States Code, of a collective bargaining unit within the Veterans Health Administration of the Department of Veterans Affairs, and any recognition under that chapter of an employee labor organization as the exclusive bargaining representative for employees in a collective bargaining unit of the Department of Veterans Affairs, that is in effect on the date of the enactment of this Act [May 7, 1991] shall not be affected by the amendments made by this Act [see Tables for classification] and shall continue in effect in accordance with the terms of such determination or regulation. "(b) Pending Cases. - With respect to cases pending on the date of the enactment of this Act [May 7, 1991], or those cases which are brought before the establishment of either an administrative grievance procedure pursuant to section 7463 of title 38, United States Code (as added by the amendments made by this title), or a negotiated grievance procedure established under a collective bargaining agreement, such cases shall proceed in the same manner as they would have if this Act [see Tables for classification] had not been enacted." -End- -CITE- 38 USC Sec. 7422 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7422. Collective bargaining -STATUTE- (a) Except as otherwise specifically provided in this title, the authority of the Secretary to prescribe regulations under section 7421 of this title is subject to the right of Federal employees to engage in collective bargaining with respect to conditions of employment through representatives chosen by them in accordance with chapter 71 of title 5 (relating to labor-management relations). (b) Such collective bargaining (and any grievance procedures provided under a collective bargaining agreement) in the case of employees described in section 7421(b) of this title may not cover, or have any applicability to, any matter or question concerning or arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title. (c) For purposes of this section, the term "professional conduct or competence" means any of the following: (1) Direct patient care. (2) Clinical competence. (d) An issue of whether a matter or question concerns or arises out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of employee compensation under this title shall be decided by the Secretary and is not itself subject to collective bargaining and may not be reviewed by any other agency. (e) A petition for judicial review or petition for enforcement under section 7123 of title 5 in any case involving employees described in section 7421(b) of this title or arising out of the applicability of chapter 71 of title 5 to employees in those positions, shall be taken only in the United States Court of Appeals for the District of Columbia Circuit. -SOURCE- (Added Pub. L. 102-40, title II, Sec. 202, May 7, 1991, 105 Stat. 200.) -End- -CITE- 38 USC Sec. 7423 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7423. Personnel administration: full-time employees -STATUTE- (a) The hours of employment in carrying out responsibilities under this title of any employee who is appointed in the Administration under any provision of this chapter on a full-time basis in a position listed in section 7421(b) of this title (other than an intern or resident appointed pursuant to section 7406 of this title) and who accepts responsibilities for carrying out professional services for remuneration other than those assigned under this title shall consist of not less than 80 hours in a biweekly pay period (as that term is used in section 5504 of title 5). (b) A person covered by subsection (a) may not do any of the following: (1) Teach or provide consultative services at any affiliated institution if such teaching or consultation will, because of its nature or duration, conflict with such person's responsibilities under this title. (2) Accept payment under any insurance or assistance program established under title XVIII or XIX of the Social Security Act or under chapter 55 of title 10 for professional services rendered by such person while carrying out such person's responsibilities under this title. (3) Accept from any source, with respect to any travel performed by such person in the course of carrying out such person's responsibilities under this title, any payment or per diem for such travel, other than as provided for in section 4111 of title 5. (4) Request or permit any individual or organization to pay, on such person's behalf for insurance insuring such person against malpractice claims arising in the course of carrying out such person's responsibilities under this title or for such person's dues or similar fees for membership in medical or dental societies or related professional associations, except where such payments constitute a part of such person's remuneration for the performance of professional responsibilities permitted under this section, other than those carried out under this title. (5) Perform, in the course of carrying out such person's responsibilities under this title, professional services for the purpose of generating money for any fund or account which is maintained by an affiliated institution for the benefit of such institution, or for such person's personal benefit, or both. (c) In the case of any fund or account described in subsection (b)(5) that was established before September 1, 1973 - (1) the affiliated institution shall submit semiannually an accounting to the Secretary and to the Comptroller General of the United States with respect to such fund or account and shall maintain such fund or account subject to full public disclosure and audit by the Secretary and the Comptroller General for a period of three years or for such longer period as the Secretary shall prescribe, and (2) no person in a position specified in paragraph (1)(B) may receive any cash from amounts deposited in such fund or account derived from services performed before that date. (d) As used in this section: (1) The term "affiliated institution" means a medical school or other institution of higher learning with which the Secretary has a contract or agreement as referred to in section 7313 of this title for the training or education of health personnel. (2) The term "remuneration" means the receipt of any amount of monetary benefit from any non-Department source in payment for carrying out any professional responsibilities. (e)(1) The Secretary shall establish a leave transfer program for the benefit of health-care professionals in positions listed in section 7401(1) of this title. The Secretary may also establish a leave bank program for the benefit of such health-care professionals. (2) To the maximum extent feasible - (A) the leave transfer program shall provide the same or similar requirements and conditions as are provided for the program established by the Director of the Office of Personnel Management under subchapter III of chapter 63 of title 5; and (B) any leave bank program established pursuant to paragraph (1) shall be consistent with the requirements and conditions provided for agency leave bank programs in subchapter IV of such chapter. (3) Participation by a health-care professional in the leave transfer program established pursuant to paragraph (1), and in any leave bank program established pursuant to such paragraph, shall be voluntary. The Secretary may not require any health-care professional to participate in such a program. (4)(A) The Secretary and the Director of the Office of Personnel Management may enter into an agreement that permits health-care professionals referred to in paragraph (1) to participate in the leave transfer program established by the Director of the Office of Personnel Management under subchapter III of chapter 63 of title 5 or in any leave bank program established for other employees of the Department pursuant to subchapter IV of chapter 63 of title 5, or both. (B) Participation of such health-care professionals in a leave transfer program or a leave bank program pursuant to an agreement entered into under subparagraph (A) shall be subject to such requirements and conditions as may be prescribed in such agreement. (5) The Secretary is not required to establish a leave transfer program for any personnel permitted to participate in a leave transfer program pursuant to an agreement referred to in paragraph (4). (f) The Secretary may purchase promotional items of nominal value for use in the recruitment of individuals for employment under this chapter. The Secretary shall prescribe guidelines for the administration of the preceding sentence. -SOURCE- (Added and amended Pub. L. 102-40, title II, Sec. 202, title IV, Sec. 401(b)(3)(A), May 7, 1991, 105 Stat. 201, 230; Pub. L. 102- 405, title II, Sec. 203, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984; Pub. L. 104-262, title III, Sec. 347, Oct. 9, 1996, 110 Stat. 3208.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in section 4108(a), (c), and (e) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 1996 - Subsec. (b). Pub. L. 104-262, Sec. 347(a), redesignated pars. (2) to (6) as (1) to (5), respectively, and struck out former par. (1) which read as follows: "Assume responsibility for the medical care of any patient other than a patient admitted for treatment at a Department facility, except in those cases where the person, upon request and with the approval of the Under Secretary for Health, assumes such responsibilities to assist communities or medical practice groups to meet medical needs which would not otherwise be available for a period not to exceed 180 calendar days, which may be extended by the Under Secretary for Health for additional periods not to exceed 180 calendar days each." Subsec. (c). Pub. L. 104-262, Sec. 347(b), substituted "subsection (b)(5)" for "subsection (b)(6)" in introductory provisions. 1992 - Subsec. (b)(1). Pub. L. 102-405, Sec. 302(c)(1), substituted "Under Secretary for Health" for "Chief Medical Director" in two places. Subsec. (f). Pub. L. 102-405, Sec. 203, added subsec. (f). 1991 - Subsec. (e). Pub. L. 102-40, Sec. 401(b)(3)(A), added subsec. (e). ESTABLISHMENT OF LEAVE BANK PROGRAM For provision authorizing the establishment of a leave bank program for health-care professional covered under subsec. (e) of former section 4108 of this title [now covered by subsec. (e) of this section] similar to the leave bank program for Federal civilian employees in reserves who were activated during Persian Gulf War, see section 361 of Pub. L. 102-25, set out as a Leave Bank for Federal Civilian Employees in Reserves Who Were Activated During Persian Gulf War note under section 6361 of Title 5, Government Organization and Employees. -End- -CITE- 38 USC Sec. 7424 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7424. Travel expenses of certain employees -STATUTE- (a) The Secretary may pay the expenses (other than membership fees) of persons described in sections 7306 and 7401(1) of this title (including persons in positions described in section 7401(1) of this title who are appointed on a temporary full-time basis or a part-time basis under section 7405 of this title) who are detailed by the Under Secretary for Health to attend meetings of associations for the promotion of medical and related science. (b)(1) The Secretary may prescribe regulations establishing conditions under which officers and employees of the Administration who are nationally recognized principal investigators in medical research may be permitted to accept payment, in cash or in kind, from non-Federal agencies, organizations, and individuals for travel and such reasonable subsistence expenses as are approved by the Secretary pursuant to such regulations - (A) in connection with their attendance at meetings or in performing advisory services concerned with the functions or activities of the Department; or (B) in connection with acceptance of significant awards or with activity related thereto concerned with functions or activities of the Department. (2) Any such payment may be retained by such officers and employees to cover the cost of such expenses or shall be deposited to the credit of the appropriation from which the cost of such expenses is paid, as may be provided in such regulations. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991, 105 Stat. 230; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in sections 4108(d) and 4113 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 1992 - Subsec. (a). Pub. L. 102-405 substituted "Under Secretary for Health" for "Chief Medical Director". -End- -CITE- 38 USC Sec. 7425 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7425. Employees: laws not applicable -STATUTE- (a) Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law: (1) Section 413 of the Civil Service Reform Act of 1978. (2) Subchapter II of chapter 31 of title 5. (3) Subchapter VIII of chapter 33 of title 5. (4) Subchapter V of chapter 35 of title 5. (5) Subchapter II of chapter 43 of title 5. (6) Section 4507 of title 5. (7) Subchapter VIII of chapter 53 of title 5. (8) Subchapter V of chapter 75 of title 5. (b) Notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of section 7306 of this title or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991, 105 Stat. 231.) -REFTEXT- REFERENCES IN TEXT Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (a)(1), is section 413 of Pub. L. 95-454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is set out as a note under section 3133 of Title 5, Government Organization and Employees. -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in sections 4101(e) and 4119 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. -End- -CITE- 38 USC Sec. 7426 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER II - COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION -HEAD- Sec. 7426. Retirement rights -STATUTE- (a) Except as provided in subsection (b), persons appointed to the Administration shall be subject to the provisions of and entitled to benefits under subchapter III of chapter 83 of title 5 or subchapter II of chapter 84 of title 5, whichever is applicable. (b)(1) In computing the annuity under subchapter III of chapter 83, or subchapter II of chapter 84, of title 5 of an individual who retires under such subchapter (other than under section 8337 or 8451 of such title) after December 31, 1981, and who served at any time on a less-than-full-time basis in a position in the Administration to which such individual was appointed under subchapter I - (A) for the purpose of determining such individual's average pay, as defined by section 8331(4) or 8401(3) of title 5, whichever is applicable, the annual rate of basic pay for full- time service shall be deemed to be such individual's rate of basic pay; and (B) the amount of such individual's annuity as computed under section 8339 or 8415 of title 5 (before application of any reduction required by subsection (i) of section 8339) shall be multiplied by the fraction equal to the ratio that that individual's total full-time equivalent service bears to that individual's creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable. (2) For the purposes of paragraph (1)(B), an individual's full- time equivalent service is the individual's creditable service as determined under section 8332 or 8411 of title 5, whichever is applicable, except that any period of service of such individual served on a less-than-full-time basis shall be prorated based on the fraction such service bears to full-time service. For the purposes of the preceding sentence, full-time service shall be considered to be 80 hours of service per biweekly pay period. (3) A survivor annuity computed under section 8341, or subchapter IV of chapter 84, of title 5 based on the service of an individual described in paragraph (1) shall be computed based upon such individual's annuity as determined in accordance with such paragraph. (c) The provisions of subsection (b) shall not apply to the part- time service before April 7, 1986, of a registered nurse, physician assistant, or expanded-function dental auxiliary. In computing the annuity under the applicable provision of law specified in that subsection of an individual covered by the preceding sentence, the service described in that sentence shall be credited as full-time service. -SOURCE- (Added Pub. L. 102-40, title IV, Sec. 401(b)(3)(B), May 7, 1991, 105 Stat. 231; amended Pub. L. 102-585, title V, Sec. 522, Nov. 4, 1992, 106 Stat. 4959; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(5)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294; Pub. L. 107-135, title I, Sec. 132, Jan. 23, 2002, 115 Stat. 2454.) -MISC1- PRIOR PROVISIONS Provisions similar to those in this section were contained in sections 4107(i) and 4109 of this title prior to the repeal of those sections as part of the complete revision of chapter 73 of this title by Pub. L. 102-40. AMENDMENTS 2002 - Subsec. (c). Pub. L. 107-135 added subsec. (c). 2000 - Subsec. (c). Pub. L. 106-398 struck out subsec. (c) which read as follows: "The Secretary may authorize an exception to the restrictions in subsections (a), (b), and (c) of section 5532 of title 5 if necessary to meet special or emergency employment needs which result from a severe shortage of well-qualified candidates in physician positions, and registered nurse positions, which otherwise cannot be readily met. The authority of the Secretary under the preceding sentence with respect to registered-nurse positions expires on December 31, 1994." 1992 - Subsec. (c). Pub. L. 102-585 substituted "December 31, 1994" for "September 30, 1992". -End- -CITE- 38 USC SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS -HEAD- SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS -COD- CODIFICATION This subchapter was originally added by Pub. L. 102-40, May 7, 1991, 105 Stat. 187, and amended by Pub. L. 102-405, Oct. 9, 1992, 106 Stat. 1972; Pub. L. 104-262, Oct. 9, 1996, 110 Stat. 3177; Pub. L. 103-446, Nov. 2, 1994, 108 Stat. 4645; Pub. L. 106-419, Nov. 1, 2000, 114 Stat. 1822. This subchapter is shown here, however, as having been added by Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636, without reference to those intervening amendments because of the general amendment of this subchapter by Pub. L. 108- 445. -MISC1- AMENDMENTS 2004 - Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636, substituted "PAY FOR PHYSICIANS AND DENTISTS" for "SPECIAL PAY FOR PHYSICIANS AND DENTISTS" in subchapter heading. -End- -CITE- 38 USC Sec. 7431 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS -HEAD- Sec. 7431. Pay -STATUTE- (a) Elements of Pay. - Pay of physicians and dentists in the Veterans Health Administration shall consist of three elements as follows: (1) Base pay as provided for under subsection (b). (2) Market pay as provided for under subsection (c). (3) Performance pay as provided under subsection (d). (b) Base Pay. - One element of pay for physicians and dentists shall be base pay. Base pay shall meet the following requirements: (1) Each physician and dentist is entitled to base pay determined under the Physician and Dentist Base and Longevity Pay Schedule. (2) The Physician and Dentist Base and Longevity Pay Schedule is composed of 15 rates of base pay designated, from the lowest rate of pay to the highest rate of pay, as base pay steps 1 through 15. (3) The rate of base pay payable to a physician or dentist is based on the total number of the years of the service of the physician or dentist in the Veterans Health Administration as follows: For a physician or dentist The rate of base pay is with total service of: the rate payable for: two years or less step 1 more than 2 years and not more than 4 years step 2 more than 4 years and not more than 6 years step 3 more than 6 years and not more than 8 years step 4 more than 8 years and not more than 10 years step 5 more than 10 years and not more than 12 years step 6 more than 12 years and not more than 14 years step 7 more than 14 years and not more than 16 years step 8 more than 16 years and not more than 18 years step 9 more than 18 years and not more than 20 years step 10 more than 20 years and not more than 22 years step 11 more than 22 years and not more than 24 years step 12 more than 24 years and not more than 26 years step 13 more than 26 years and not more than 28 years step 14 more than 28 years step 15. (4) At the same time as rates of basic pay are increased for a year under section 5303 of title 5, the Secretary shall increase the amount of base pay payable under this subsection for that year by a percentage equal to the percentage by which rates of basic pay are increased under such section for that year. (c) Market Pay. - One element of pay for physicians and dentists shall be market pay. Market pay shall meet the following requirements: (1) Each physician and dentist is eligible for market pay. (2) Market pay shall consist of pay intended to reflect the recruitment and retention needs for the specialty or assignment (as defined by the Secretary) of a particular physician or dentist in a facility of the Department of Veterans Affairs. (3) The annual amount of the market pay payable to a physician or dentist shall be determined by the Secretary on a case-by-case basis. (4)(A) In determining the amount of market pay for physicians or dentists, the Secretary shall consult two or more national surveys of pay for physicians or dentists, as applicable, whether prepared by private, public, or quasi-public entities in order to make a general assessment of the range of pays payable to physicians or dentists, as applicable. (B)(i) In determining the amount of the market pay for a particular physician or dentist under this subsection, and in determining a tier (if any) to apply to a physician or dentist under subsection (e)(1)(B), the Secretary shall consult with and consider the recommendations of an appropriate panel or board composed of physicians or dentists (as applicable). (ii) A physician or dentist may not be a member of the panel or board that makes recommendations under clause (i) with respect to the market pay of such physician or dentist, as the case may be. (iii) The Secretary should, to the extent practicable, ensure that a panel or board consulted under this subparagraph includes physicians or dentists (as applicable) who are practicing clinicians and who do not hold management positions in the medical facility of the Department at which the physician or dentist subject to the consultation is employed. (5) The determination of the amount of market pay of a physician or dentist shall take into account - (A) the level of experience of the physician or dentist in the specialty or assignment of the physician or dentist; (B) the need for the specialty or assignment of the physician or dentist at the medical facility of the Department concerned; (C) the health care labor market for the specialty or assignment of the physician or dentist, which may cover any geographic area the Secretary considers appropriate for the specialty or assignment; (D) the board certifications, if any, of the physician or dentist; (E) the prior experience, if any, of the physician or dentist as an employee of the Veterans Health Administration; and (F) such other considerations as the Secretary considers appropriate. (6) The amount of market pay of a physician or dentist shall be evaluated by the Secretary not less often than once every 24 months. The amount of market pay may be adjusted as the result of an evaluation under this paragraph. A physician or dentist whose market pay is evaluated under this paragraph shall receive written notice of the results of such evaluation in accordance with procedures prescribed under section 7433 of this title. (7) No adjustment of the amount of market pay of a physician or dentist under paragraph (6) may result in a reduction of the amount of market pay of the physician or dentist while in the same position or assignment at the medical facility of the Department concerned. (d) Performance Pay. - (1) One element of pay for physicians and dentists shall be performance pay. (2) Performance pay shall be paid to a physician or dentist on the basis of the physician's or dentist's achievement of specific goals and performance objectives prescribed by the Secretary. (3) The Secretary shall ensure that each physician and dentist of the Department is advised of the specific goals or objectives that are to be measured by the Secretary in determining the eligibility of that physician or dentist for performance pay. (4) The amount of the performance pay payable to a physician or dentist may vary annually on the basis of individual achievement or attainment of the goals or objectives applicable to the physician or dentist under paragraph (2). (5) The amount of performance pay payable to a physician or dentist in a fiscal year shall be determined in accordance with regulations prescribed by the Secretary, but may not exceed the lower of - (A) $15,000; or (B) the amount equal to 7.5 percent of the sum of the base pay and the market pay payable to such physician or dentist in that fiscal year. (6) A failure to meet goals or objectives applicable to a physician or dentist under paragraph (2) may not be the sole basis for an adverse personnel action against that physician or dentist. (e) Requirements and Limitations on Total Pay. - (1)(A) Not less often than once every two years, the Secretary shall prescribe for Department-wide applicability the minimum and maximum amounts of annual pay that may be paid under this section to physicians and the minimum and maximum amounts of annual pay that may be paid under this section to dentists. (B) The Secretary may prescribe for Department-wide applicability under this paragraph separate minimum and maximum amounts of pay for a specialty or assignment. If the Secretary prescribes separate minimum and maximum amounts for a specialty or assignment, the Secretary may establish up to four tiers of minimum and maximum amounts for such specialty or assignment and prescribe for each tier a minimum amount and a maximum amount that the Secretary determines appropriate for the professional responsibilities, professional achievements, and administrative duties of the physicians or dentists (as the case may be) whose pay is set within that tier. (C) Amounts prescribed under this paragraph shall be published in the Federal Register, and shall not take effect until at least 60 days after the date of publication. (2) Except as provided in paragraph (3) and subject to paragraph (4), the sum of the total amount of the annual rate of base pay payable to a physician or dentist under subsection (b) and the market pay determined for the physician or dentist under subsection (c) may not be less than the minimum amount, nor more than the maximum amount, applicable to specialty or assignment of the physician or dentist under paragraph (1). (3) The sum of the total amount of the annual rate of base pay payable to a physician or dentist under subsection (b) and the market pay determined for the physician or dentist under subsection (c) may exceed the maximum amount applicable to the specialty or assignment of the physician or dentist under paragraph (1) as a result of an adjustment under paragraph (3) or (4) of subsection (b). (4) In no case may the total amount of compensation paid to a physician or dentist under this title in any year exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3. (f) Treatment of Pay. - Pay under subsections (b) and (c) of this section shall be considered pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5 and other benefits. (g) Ancillary Effects of Decreases in Pay. - (1) A decrease in pay of a physician or dentist resulting from an adjustment in the amount of market pay of the physician or dentist under subsection (c) shall not be treated as an adverse action. (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). -SOURCE- (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2636.) -MISC1- PRIOR PROVISIONS A prior section 7431, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 188; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984, related to authority of Secretary to provide for special pay, prior to the general amendment of this subchapter by Pub. L. 108-445. EFFECTIVE DATE Pub. L. 108-445, Sec. 3(d), Dec. 3, 2004, 118 Stat. 2641, provided that: "(1) Notwithstanding the 60-day waiting requirement in section 7431(e)(1)(C) of title 38, United States Code (as amended by subsection (b)), pay provided for a physician or dentist under subchapter III of chapter 74 of such title, as amended by subsection (b), shall take effect on the first day of the first pay period applicable to such physician or dentist that begins on or after January 1, 2006. "(2) Pay provided for the Under Secretary for Health under subchapter III of chapter 74 of title 38, United States Code, as amended by this section shall take effect on the first day of the first pay period applicable to the Under Secretary that begins on or after January 1, 2006." TRANSITION PROVISIONS Pub. L. 108-445, Sec. 3(e), Dec. 3, 2004, 118 Stat. 2641, provided that: "(1) Physicians and dentists. - "(A) Pay. - (i) The amount of the pay payable on and after the date of the enactment of this Act [Dec. 3, 2004] to a physician or dentist in receipt of pay under section 7404 or 7405 of title 38, United States Code, as of the day before such date shall continue to be determined under such section (as in effect on the day before such date) until the effective date that is applicable under subsection (d) [set out as a note above] to such physician or dentist, as the case may be. "(ii) A physician or dentist appointed or reassigned on or after the date of the enactment of this Act, but before the effective date applicable under subsection (d) to such physician or dentist, shall be compensated in accordance with applicable provisions of section 7404 or 7405 of title 38, United States Code (as in effect on the day before date of the enactment of this Act), until such effective date. "(B) Special pay. - (i) A special pay agreement entered into by a physician or dentist under subchapter III of chapter 74 of title 38, United States Code, before the date of the enactment of this Act shall terminate on the date of the enactment of this Act. However, a physician or dentist in receipt of special pay pursuant to such an agreement on that date shall continue to receive special pay under the terms of such agreement until the effective date that is applicable under subsection (d) to such physician or dentist. "(ii) A physician or dentist described in subparagraph (A)(ii) may be paid special pay under applicable provisions of section 7433, 7434, 7435, or 7436 of title 38, United States Code (as in effect on the day before the date of the enactment of this Act), during the period beginning on the date of the appointment or reassignment of such physician or dentist, as the case may be, and ending on the effective date applicable under subsection (d) to such physician or dentist. However, no special pay agreement shall be required for the payment of special pay under this clause. "(C) Treatment of special pay. - (i) Special pay paid under subparagraph (B) to a physician or dentist during the period beginning on the date of the enactment of this Act and ending on the effective date applicable under subsection (d) to such physician or dentist shall be subject to the provisions of paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of title 38, United States Code (as in effect on the day before the date of the enactment of this Act). "(ii) Special pay paid to a physician or dentist under section 7438 of title 38, United States Code (as in effect on the day before the date of the enactment of this Act), shall be fully creditable for purposes of computing benefits under chapters 83 and 84 of title 5, United States Code. "(D) Preservation of pay. - The amount of pay paid to a physician or dentist after the effective date of this Act shall not be less than the amount of pay paid to such physician or dentist on the day before the effective date of this Act while such physician or dentist remains in the same position or assignment. "(2) Under secretary for health. - "(A) Special pay. - (i) The current special pay agreement entered into by the Under Secretary for Health under subchapters I and III of chapter 74 of title 38, United States Code, before the date of the enactment of this Act [Dec. 3, 2004] shall terminate on the date of the enactment of this Act. However, the Under Secretary shall continue to receive special pay under the terms of such agreement until the effective date that is applicable under subsection (d) [set out as a note above] to the Under Secretary. "(ii) An individual appointed as Under Secretary for Health on or after the date of the enactment of this Act and before the effective date applicable under subsection (d) to the Under Secretary shall be paid special pay in accordance with the provisions of sections 7432(d)(2) and 7433 of title 38, United States Code (as in effect on the day before the date of the enactment of this Act), during the period beginning on the date of appointment and ending on such effective date. However, no special pay agreement shall be required for the payment of special pay under this clause. "(B) Treatment of special pay. - Special pay paid under subparagraph (A) during the period beginning on the date of the enactment of this Act and ending on the effective date applicable under subsection (d) to the Under Secretary - "(i) shall be subject to the provisions of paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of title 38, United States Code (as in effect on the day before the date of the enactment of this Act); and "(ii) shall be fully creditable for purposes of computing benefits under chapters 83 and 84 of title 5, United States Code." INITIAL RATES OF BASE PAY FOR PHYSICIANS AND DENTISTS Pub. L. 108-445, Sec. 3(c), Dec. 3, 2004, 118 Stat. 2641, provided that: "The initial rates of base pay established for the base pay steps under the Physician and Dentist Base and Longevity Pay Schedule provided in section 7431(b) of title 38, United States Code (as added by subsection (b)), are as follows: "Base Pay Step: Rate of Pay: 1 $90,000 2 $93,000 3 $96,000 4 $99,000 5 $102,000 6 $105,000 7 $108,000 8 $111,000 9 $114,000 10 $117,000 11 $120,000 12 $123,000 13 $126,000 14 $129,000 15 $132,000." -End- -CITE- 38 USC Sec. 7432 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS -HEAD- Sec. 7432. Pay of Under Secretary for Health -STATUTE- (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 considered pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5 and other benefits. -SOURCE- (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.) -MISC1- PRIOR PROVISIONS A prior section 7432, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 189; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262, title III, Sec. 346, Oct. 9, 1996, 110 Stat. 3208, related to written agreements for special pay, prior to the general amendment of this subchapter by Pub. L. 108-445. -End- -CITE- 38 USC Sec. 7433 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER III - PAY FOR PHYSICIANS AND DENTISTS -HEAD- Sec. 7433. Administrative matters -STATUTE- (a) Regulations. - (1) The Secretary shall prescribe regulations 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 recommendations for the purpose of this paragraph, the Under Secretary shall request the views of representatives of labor organizations 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 Representatives 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 following: (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. (C) The number of unfilled physician positions and dentist positions in each specialty in the Veterans Health Administration, the average and maximum lengths of time that such positions have been unfilled, and an assessment of the reasons that such positions remain unfilled. (D) An assessment of the impact of implementation of this subchapter on efforts to recruit and retain physicians and dentists in the Veterans Health Administration. (3) The first two annual reports under this subsection shall also include a comparison of staffing levels, contract expenditures, and average salaries of physicians and dentists in the Veterans Health Administration for the current fiscal year and for the fiscal year preceding the current fiscal year, set forth by facility and by specialty. -SOURCE- (Added Pub. L. 108-445, Sec. 3(b), Dec. 3, 2004, 118 Stat. 2640.) -MISC1- PRIOR PROVISIONS Prior sections 7433 to 7440 were omitted in the general amendment of this subchapter by Pub. L. 108-445. Section 7433, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 191; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686, related to special pay for full-time physicians. Section 7434, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 192, related to special pay of part-time physicians. Section 7435, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 193; amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103-446, title XII, Sec. 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106- 419, title II, Sec. 202(a)-(f), Nov. 1, 2000, 114 Stat. 1840, 1841, related to special pay of full-time dentists. Section 7436, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 194, related to special pay of part-time dentists. Section 7437, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 194; amended Pub. L. 102-405, title II, Sec. 204(a), title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984, related to general provisions concerning special pay of physicians and dentists. Section 7438, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 196; amended Pub. L. 106-419, title II, Sec. 202(g), Nov. 1, 2000, 114 Stat. 1841, related to coordination of special pay with other benefits laws. Section 7439, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 197, related to periodic review and quadrennial reports regarding pay of physicians and dentists. Section 7440, added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 198; amended Pub. L. 103-446, title XII, Sec. 1201(c)(6), Nov. 2, 1994, 108 Stat. 4684, related to annual reports of the use of authorities provided in this subchapter. -End- -CITE- 38 USC SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL -HEAD- SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL -End- -CITE- 38 USC Sec. 7451 01/02/2006 -EXPCITE- TITLE 38 - VETERANS' BENEFITS PART V - BOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 74 - VETERANS HEALTH ADMINISTRATION - PERSONNEL SUBCHAPTER IV - PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL -HEAD- Sec. 7451. Nurses and other health-care personnel: competitive pay -STATUTE- (a)(1) It is the purpose of this section to ensure, by a means providing increased responsibility and authority to directors of Department health-care facilities, that the rates of basic pay for health-care personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of personnel employed in such positions on a part-time basis) are sufficient for that facility to be competitive, on the basis of pay and other employee benefits, with non-Department health-care facilities in the same labor-market area in the recruitment and retention of qualified personnel for those positions. (2) The health-care personnel positions referred to in paragraph (1) (hereinafter in this section referred to as "covered positions") are the following: (A) Registered nurse. (B) Such positions referred to in paragraphs (1) and (3) of section 7401 of this title (other than the positions of physician, dentist, and registered nurse) as the Secretary may determine upon the recommendation of the Under Secretary for Health. (3)(A) Except as provided in subparagraph (B), the rates of basic pay for covered positions in the Department shall be established and adjusted in accordance with this section instead of subsection (b)(1) of section 7404 of this title or chapter 53 of title 5. (B) Under such regulations as the Secretary shall prescribe, the Secretary shall establish and adjust the rates of basic pay for covered positions at the following health-care facilities in order to provide rates of basic pay that enable the Secretary to recruit and retain sufficient numbers of health-care personnel in such positions at those facilities: (i) The Veterans Memorial Medical Center in the Republic of the Philippines. (ii) Department of Veterans Affairs health-care facilities located outside the contiguous States, Alaska, and Hawaii. (4) The Secretary, after receiving the recommendation of the Under Secretary for Health, shall prescribe regulations setting forth criteria and procedures to carry out this section and section 7452 of this title. Requirements in such regulations for directors to provide and maintain documentation of actions taken under this section shall require no more documentation than the minimum essential for responsible administration. (b) The Secretary shall maintain the five grade levels for nurses employed by the Department under section 7401(1) of this title as specified in the Nurse Schedule in section 7404(b) of this title. The Secretary shall, pursuant to regulations prescribed to carry out this subchapter, establish grades for other covered positions as the Secretary considers appropriate. (c)(1) For each grade in a covered position, there shall be a range of basic pay. The maximum rate of basic pay for a grade shall be 133 percent of the minimum rate of basic pay for the grade, except that, if the Secretary determines that a higher maximum rate is necessary with respect to any such grade in order to recruit and retain a sufficient number of high-quality health-care personnel, the Secretary may raise the maximum rate of basic pay for that grade to a rate not in excess of 175 percent of the minimum rate of basic pay for the grade. Whenever the Secretary exercises the authority under the preceding sentence to establish the maximum rate of basic pay at a rate in excess of 133 percent of the minimum rate for that grade, the Secretary shall, in the next annual report required by subsection (g),(!1) provide justification for doing so to the Committees on Veterans' Affairs of the Senate and House of Representatives. (2) The maximum rate of basic pay for any grade for a covered position may not exceed the maximum rate of basic pay established for positions in level V of the Executive Schedule under section 5316 of title 5. (3) The range of basic pay for each such grade shall be divided into equal increments, known as "steps". The Secretary shall prescribe the number of steps. Each grade in a covered position shall have the same number of steps. Rates of pay within a grade may not be established at rates other than whole steps. Any increase (other than an adjustment under subsection (d)) within a grade in the rate of basic pay payable to an employee in a covered position shall be by one or more of such step increments. (d)(1) Subject to subsection (e), the rates of basic pay for each grade in a covered position shall be adjusted periodically in accordance with this subsection in order to achieve the purposes of this section. Such adjustments shall be made - (A) whenever there is an adjustment under section 5303 of title 5 in the rates of pay under the General Schedule, with the adjustment under this subsection to have the same effective date and to be by the same percentage as the adjustment in the rates of basic pay under the General Schedule; and (B) at such additional times as the director of a Department health-care facility, with respect to employees in that grade at that facility, or the Under Secretary for Health, with respect to covered Regional and Central Office employees in that grade, determines. (2) An adjustment in rates of basic pay under this subsection for a grade shall be carried out by adjusting the amount of the minimum rate of basic pay for that grade in accordance with paragraph (3) and then adjusting the other rates for that grade to conform to the requirements of subsection (c). Except as provided in paragraph (1)(A), such an adjustment in the minimum rate of basic pay for a grade shall be made by the director of a Department health-care facility so as to achieve consistency with the beginning rate of compensation for corresponding health-care professionals in the Bureau of Labor Statistics (BLS) labor-market area of that facility. (3)(A) In the case of a Department health-care facility located in an area for which there is current information, based upon an industry-wage survey by the Bureau of Labor Statistics for that labor market, on compensation for corresponding health-care professionals for the BLS labor-market area of that facility, the director of the facility concerned shall use that information as the basis for making adjustments in rates of pay under this subsection. Whenever the Bureau of Labor Statistics releases the results of a new industry-wage survey for that labor market that includes information on compensation for corresponding health-care professionals, the director of that facility shall determine, not later than 30 days after the results of the survey are released, whether an adjustment in rates of pay for employees at that facility for any covered position is necessary in order to meet the purposes of this section. If the director determines that such an adjustment is necessary, the adjustment, based upon the information determined in the survey, shall take effect on the first day of the first pay period beginning after that determination. (B) In the case of a Department health-care facility located in an area for which the Bureau of Labor Statistics does not have current information on compensation for corresponding health-care professionals for the labor-market area of that facility for any covered position, the director of that facility shall conduct a survey in accordance with this subparagraph and shall adjust the amount of the minimum rate of basic pay for grades in that covered position at that facility based upon that survey. To the extent practicable, the director shall use third-