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(IV) assessments of and recommendations for correcting any deficiencies in the operations of such centers; and

(V) recommendations for such other geriatric, extended-care, and other health-care services as may be needed to meet the needs of older veterans.

Following the submission of such report, the Committee shall also submit to the Administrator, through the Chief Medical Director, such further reports as the Committee considers appropriate with respect to the matters described in clauses (I) through (V) of the preceding sentence.

(ii) Not later than ninety days after receipt of a report submitted under division (i) of this subparagraph, the Administrator shall transmit such report, together with the Administrator's comments and recommendations thereon, to the appropriate committees of the Congress.

(3) There are hereby authorized to be appropriated for the basic support of the research and education activities of the centers of geriatric research, education, and clinical activities established pursuant to paragraph (1) of this subsection $10,000,000 for fiscal year 1981 and $25,000,000 for each of the next three fiscal years. The Chief Medical Director shall allocate to such centers from other funds appropriated generally for the Veterans' Administration medical care account and medical and prosthetics research account, as appropriate, such amounts as the Chief Medical Director determines appropriate, and, with respect to fiscal year 1984, as the Chief Medical Director determines appropriate after taking into account the report submitted by the Committee under paragraph (2) of this subsection.

(4) Activities of clinical and scientific investigation at each center established under paragraph (1) of this subsection shall be eligible to compete for the award of funding from funds appropriated for the Veterans' Administration medical and prosthetics research account and shall receive priority in the award of funding from such account insofar as funds are awarded to projects for research in geriatrics and gerontology.

(As amended Pub. L. 96-330, title I, § 105(a), title III, § 302, title IV, § 408, Aug. 26, 1980, 94 Stat. 1036, 1048, 1053.)

REFERENCES IN TEXT

Section 3(b) of the Rehabilitation Act of 1973, referred to in subsec. (c)(2), is classified to section 702(b) of Title 29, Labor. Section 3(b) of the Act was stricken and section 3(c), relating to expenditure of funds, was redesignated as section 3(b) by Pub. L. 95-602, title I, § 122(a)(3), Nov. 6, 1978, 92 Stat. 2984.

Section 202(b)(2) of such Act, referred to in subsec. (c)(2), which was formerly classified to section 762(b)(2) of Title 29, was redesignated as section 204(b)(2) by Pub. L. 95-602, title I, § 109(3), Nov. 6, 1978, 92 Stat. 2963, which is classified to section 762(b)(2) of Title 29.

Section 405 of such Act, referred to in subsec. (c)(2), which was formerly classified to section 785 of Title 29, was repealed by Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.

Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (e), is section 413 of Pub. L. 95-454, title IV, Oct. 13, 1978, 92 Stat. 1175, which is

Page 1084

set out as a note under section 3133 of Title 5, Government Organization and Employees.

The date of enactment of the Veterans' Administration Health-Care Amendments of 1980, referred to in subsec. (f)(1)(B)(i), is the date of enactment of Pub. L. 96-330, which was approved Aug. 26, 1980.

The Veterans' Administration Health-Care Amendments of 1980, referred to in subsec. (f)(1)(B)(i) and (2)(B)(ii), is Pub. L. 96-330, Aug. 26, 1980, 94 Stat. 1030. Title III of the Veterans' Administration HealthCare Amendments of 1980 amended this section and section 4103 of this title and enacted provisions set out as notes under this section. For the purposes of title III, see section 301 of Pub. L. 96-330, set out below. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of this title and Tables.

The date of enactment of this subsection, referred to in subsec. (f)(2) (B)(ii), probably means the date of enactment of Pub. L. 96-330, which was approved Aug. 26, 1980.

AMENDMENTS

1980-Subsec. (b). Pub. L. 96-330, § 408, substituted "personnel" for "manpower" in two places.

Subsec. (e). Pub. L. 96-330, § 105(a), added subsec.

(e).

Subsec. (f). Pub. L. 96-330, § 302, added subsec. (f).

EFFECTIVE DATE OF 1980 AMENDMENT

Section 304 of Pub. L. 96-330 provided that: "(a) The amendments made by sections 302 and 303 [enacting subsec. (f) of this section and amending section 4103(a)(4) of this title] shall take effect on October 1, 1980.

"(b) The Geriatrics and Gerontology Advisory Committee required to be established by the Administrator in the Department of Medicine and Surgery of the Veterans' Administration pursuant to subsection (f)(2)(A) of section 4101 of title 38, United States Code, as added by section 302, shall be established not later than January 1, 1981."

TRANSFER OF FUNCTIONS

For transfer of functions and offices of the Secretary and Department of Health, Education, and Welfare, including the Rehabilitation Services Administra. tion and the Commissioner thereof, under the Rehabilitation Act of 1973 to the Secretary and Depart ment of Education, and for delegation of certain func tions of the Secretary of Education under that Act to the Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20, Education.

CONGRESSIONAL DECLARATION of Purpose IN CREATING
CENTERS OF GERIATRIC RESEARCH, EDUCATION, AND
CLINICAL ACTIVITIES

Section 301 of title III of Pub. L. 96-330 provided that: "The purposes of this title [enacting subsec. (f) of this section, amending section 4103(a)(4) of this title, and enacting provisions set out as notes under this section] are (1) to improve and expand the capa bility of Veterans' Administration health-care facili ties to respond with the most effective and appropri ate services possible to the medical, psychological and social needs of the increasing number of older veter ans, and (2) to advance scientific knowledge regarding such needs and the methods of meeting them by facili tating higher quality geriatric care for eligible older veterans through geriatric and gerontological re search, the training of health personnel in the provi sion of health care to older individuals, and the devel opment of improved models of clinical services for eligible older veterans."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1904, 4107, 4121, 5070, 5096 of this title.

§ 4103. Office of the Chief Medical Director

(a) The Office of the Chief Medical Director shall consist of the following

[See main edition for text of (1) to (3)] (4) Not to exceed eight Assistant Chief Medical Directors, who shall be appointed by the Administrator upon the recommendation of the Chief Medical Director. Not more than two Assistant Chief Medical Directors may be persons qualified in the administration of health services who are not doctors of medicine, dental surgery, or dental medicine. One Assistant Chief Medical Director shall be a qualified doctor of dental surgery or dental medicine who shall be directly responsible to the Chief Medical Director for the operation of the Dental Service. One Assistant Chief Medical Director shall be a qualified physician trained in, or having suitable extensive experience in, geriatrics who shall be responsible to the Chief Medical Director for evaluating all research, educational, and clinical health-care programs carried out in the Department in the field of geriatrics and who shall serve as the principal advisor to the Chief Medical Director with respect to such programs.

[See main edition for text of (5) to (7)]

(8) Such directors of hospitals, domiciliary facilities, medical centers, and outpatient facilities as may be appointed by the Administrator upon the recommendation of the Chief Medical Director.

(9) Such other personnel as may be authorized by this chapter.

[See main edition for text of (b) and (c)]

(As amended Pub. L. 96-330, title I, § 105(b), title III, § 303, Aug. 26, 1980, 94 Stat. 1036, 1050.)

AMENDMENTS

1980-Subsec. (a)(4). Pub. L. 96-330, § 303, added provision requiring that one Chief Medical Director be a qualified physician trained in, or having suitable extensive experience in, geriatrics who shall be responsible to the Chief Medical Director for evaluating all research, educational, and clinical health-care programs carried out in the Department in the field of geriatrics and who shall serve as the principal advisor to the Chief Medical Director with respect to such programs. Subsec. (a)(8). Pub. L. 96-330, § 105(b), added par. (8). Former par. (8) redesignated (9).

Subsec. (a)(9). Pub. L. 96-330, § 105(b), redesignated former par. (8) as (9).

EFFECTIVE DATE OF 1980 AMENDMENT Amendment of subsec. (a)(4) of this section by section 303 of Pub. L. 96-330 effective Oct. 1, 1980, see section 304(a) of Pub. L. 96-330, set out as an Effective Date of 1980 Amendment note under section 4101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4101, 4107, 4111, 4113 of this title.

§ 4104. Additional appointments

There shall be appointed by the Administrator additional personnel as the Administrator may find necessary for the medical care of veterans, as follows:

(1) Physicians, dentists, podiatrists, optometrists, nurses, physician assistants, and expanded-function dental auxiliaries;

(2) Pharmacists, psychologists, physical therapists, occupational therapists, dietitians, and other scientific and professional personnel, such as bacteriologists, chemists, biostatisticians, and medical and dental technologists.

(As amended Pub. L. 96-151, title III, § 302(a), Dec. 20, 1979, 93 Stat. 1096.)

AMENDMENTS

1979-Par. (2). Pub. L. 96-151 added reference to psychologists.

EFFECTIVE DATE OF 1975 AmendmeNT

Section 6(b) of Pub. L. 94-123, as amended by Pub. L. 96-330, title I, § 101, Aug. 26, 1980, 94 Stat. 1030, provided that: "Except as provided in subsection (a) of this section, the amendments made by this Act [amending sections 4104, 4105, 4106, 4107(e)(5), 4107(f), and 4108 of this title and enacting provisions set out as notes under section 4118 of this title] shall become effective beginning the first pay period following thirty days after the date of the enactment of this Act [Oct. 22, 1975]."

STUDY AND PILOT PROGRAM ON NURSE RECRUITMENT AND RETENTION

Section 118 of Pub. L. 96-330 provided that:

"(a) In order to evaluate the effectiveness of various actions in enabling the Veterans' Administration to recruit and retain sufficient qualified nursing personnel (including licensed practical or vocational nurses and nursing assistants) capable of providing quality care for eligible veterans in Veterans' Administration health-care facilities, the Administrator of Veterans' Affairs, in consultation with the Chief Medical Director of the Veterans' Administration, shall conduct a pilot program and study for a period of not less than twenty-four and not more than thirty-six months, in not less than six geographic areas in which the Veterans' Administration has experienced difficulties in recruiting and retaining such sufficient qualified personnel. In the course of such study, the Administrator shall take various administrative actions to overcome such difficulties.

"(b) Not later than the end of the forty-two-month period beginning on the date of the enactment of this Act [Aug. 26, 1980], the Administrator of Veterans' Affairs shall submit to the Congress a report on the results of such program and study, including an evaluation of the cost factors associated with each alternative administrative action on an annual basis and the impact on the recruitment and retention of nursing personnel at each facility involved, together with any recommendations for administrative or legislative action, or both, that the Administrator considers appropriate based on the results of such program and study and other pertinent information.

"(c) The Administrator of Veterans' Affairs shall submit a report on the implementation of such program and the progress of such study to the Committees on Veterans' Affairs of the Senate and House of Representatives not later than six months after the date of the enactment of this Act [Aug. 26, 1980]. Such report shall include a report on the formulation of regulations to carry out such program and on the status of the implementation of such program."

CONVERSION OF EMPLOYMENT STATUS OF PODIATRISTS AND OPTOMetrists in DEPARTMENT OF MEDICINE AND SURGERY; RETROACTIVE EFFECT

Conversion of employment status of podiatrists and optometrists in Department of Medicine and Surgery from coverage under part III of Title 5, Government Organization and Employees, to coverage under provisions of this title, see section 5(b) of Pub. L. 95-201, set out as a note under section 4107 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4101, 4105, 4107, 4110, 4111, 4113, 4114 of this title.

§ 4105. Qualifications of appointees

(a) Any person to be eligible for appointment to the following positions in the Department of Medicine and Surgery must have the applicable qualifications:

[See main edition for text of (1) to (8)]

(9) Physician assistants and expanded-function dental auxiliaries shall have such medical or dental and technical qualifications and experience as the Administrator shall prescribe;

(10) Psychologist

hold a doctoral degree in psychology from a college or university approved by the Administrator, have completed study for such degree in a specialty area of psychology and an internship which are satisfactory to the Administrator, and be licensed or certified as a psychologist in a State, except that the Administrator may waive the requirement of licensure or certification for an individual psychologist for a period not to exceed two years on the condition that such psychologist provide patient care only under the direct supervision of a psychologist who is so licensed or certified.

(b) Except as provided in section 4114 of this title, no person may be appointed in the Department of Medicine and Surgery as a physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded-function dental auxiliary unless such person is a citizen of the United States.

(c) Notwithstanding any other provision of law, no person may be appointed under section 4104(1) of this title after the effective date of this subsection to serve in the Department of Medicine and Surgery in any direct patient-care capacity unless the Chief Medical Director determines, in accordance with regulations which the Administrator shall prescribe, that such person possesses such basic proficiency in spoken and written English as will permit such degree of communication with patients and other health-care personnel as will enable such person to carry out such person's health-care responsibilities satisfactorily.

(As amended Pub. L. 95-201, § 4(a)(1), Nov. 23, 1977, 91 Stat. 1430; Pub. L. 96-151, title III, § 302(b), Dec. 20, 1979, 93 Stat. 1096.)

REFERENCES IN TEXT

The effective date of this subsection, referred to in subsec. (c), is Jan. 1, 1978, see section 4(a)(4) of Pub. L. 95-201, set out as a note below.

AMENDMENTS

1979-Subsec. (a). Pub. L. 96-151, § 302(b)(1), added par. (10).

Subsec. (b). Pub. L. 96-151, § 302(b)(2), added provi. sions relating to applicability to podiatrists, and optometrists.

1977-Subsec. (c). Pub. L. 95-201 added subsec. (c).

EFFECTIVE DATE OF 1979 AMENDMENT

Section 302(c) of Pub. L. 96-151 provided that: "The amendment made by subsection (b)(1) [adding subsec. (a)(10) of this section] to require that a psychologist appointed to a position in the Department of Medicine and Surgery of the Veterans' Administration be li censed or certified as a psychologist in a State shall not apply to any person employed as a psychologist by the Veterans' Administration on or before December 31, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 4(a)(4) of Pub. L. 95-201 provided that: "The amendments made by paragraphs (1) [amending subsec. (c) of this section] and (2) [amending section 4114(f) of this title of this subsection shall be effec tive on January 1, 1978."

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 (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 in any direct patient-care capac ity, 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, upon the recommendation of the Chief Medical Director, 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."

HEALTH-CARE PERSONNEL BASIC PROFICIENCY IN SPOKEN AND WRITTEN ENGLISH; REPORT TO CONGRES SIONAL COMMITTEES RESPECTING APPOINTMENT, ETC. Section 4(b) of Pub. L. 95-201, provided that not later than Apr. 1, 1978, the Administrator of Veterans' Affairs submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report describing activities undertaken and the persons affected in order to carry out subsec. (c) of this section and section 4114(f) of this title and describing the extent to which there are persons employed by the Veterans' Administration on or prior to Nov. 23, 1977, in any direct patient-care capacity in the Department of Medicine and Surgery, who do not possess a basic proficiency in spoken and written English.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4114, 4142 of this title.

§ 4106. Period of appointments; promotions

[See main edition for text of (a)]

(b) Such appointments as described in subsec tion (a) of this section shall be for a probationary period of two years and the record of each

person serving under such 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 Administrator, and if said board shall find him not fully qualified and satisfactory he shall be separated from the service.

[See main edition for text of (c) to (1

(As amended Pub. L. 96-151, title III, § 303, Dec. 20, 1979, 93 Stat. 1096.)

AMENDMENTS

1979-Subsec. (b). Pub. L. 96-151 substituted "two" for "three".

EFFECTIVE DATE OF 1979 AMENDMENT

Pub. L. 96-466, title VII, § 703, Oct. 17, 1980, 94 Stat. 2215, provided that: “The amendment made by section 303 of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96-151; 93 Stat. 1096) [amending subsec. (b) of this section] shall apply only with respect to appointments described in section 4106(a) of title 38, United States Code, made after December 19, 1979."

Pub. L. 96-466, title VIII, § 802(g)(3), Oct. 17, 1980, 94 Stat. 2219, provided in part that section 703 of Pub. L. 96-466, set out above, is effective Oct. 17, 1980.

§ 4107. Grades and pay scales

(a) The annual rates or ranges of rates of basic pay for positions provided in section 4103 of this title shall be as follows:

SECTION 4103 SCHEDULE

Chief Medical Director, $68,909. Deputy Chief Medical Director, $66,104. Associate Deputy Chief Medical Director, $63,315.

Assistant Chief Medical Director, $61,449. Medical Director, $52,429 minimum to $59,421 maximum.

Director of Nursing Service, $52,429 minimum to $59,421 maximum.

Director of Podiatric Service, $44,756 minimum to $56,692 maximum.

Director of Chaplain Service, $44,756 minimum to $56,692 maximum.

Director of Pharmacy Service, $44,756 minimum to $56,692 maximum.

Director of Dietetic Service, $44,756 minimum to $56,692 maximum.

Director of Optometric Service, $44,756 minimum to $56,692 maximum.

(b)(1) The grades and annual ranges of rates of basic pay for positions provided for in paragraph (1) of section 4104 of this title shall be as follows:

PHYSICIAN AND DENTIST SCHEDULE

Director grade, $44,756 minimum to $56,692 maximum.

Executive grade, $41,327 minimum to $53,729 maximum.

Chief grade, $38,160 minimum to $49,608 maximum.

Senior grade, $32,442 minimum to $42,171 maximum.

Intermediate grade, $27,453 minimum to $35,688 maximum.

Full grade, $23,087 minimum to $30,017 maxi

mum.

Associate grade, $19,263 minimum to $25,041 maximum.

NURSE SCHEDULE

Director grade, $38,160 minimum to $49,608 maximum.

Assistant Director grade, $32,442 minimum to $42,171 maximum.

Chief grade, $27,453 minimum to $35,688 maximum.

Senior grade, $23,087 minimum to $30,017 maximum.

Intermediate grade, $19,263 minimum to

$25,041 maximum.

Full grade, $15,920 minimum to $20,699 maxi

mum.

Associate grade, $13,700 minimum to $17,813 maximum.

Junior grade, $11,712 minimum to $15,222 maximum.

CLINICAL PODIATRIST AND OPTOMETRIST SCHEDULE

Chief grade, $38,160 minimum to $49,608 maximum.

Senior grade, $32,442 minimum to $42,171 maximum.

Intermediate grade, $27,453 minimum to $35,688 maximum.

Full grade, $23,087 minimum to $30,017 maxi

mum.

Associate grade, $19,263 minimum to $25,041 maximum.

[See main edition for text of (2)]

(c)(1) Notwithstanding any other provision of law, the per annum salary rate of each person serving as a director of a hospital, domiciliary facility, or center who is not a physician shall not be less than the salary rate which such person would receive under this section if such person's service as a director of a hospital, domiciliary facility, or center had been service as a physician in the director grade. The position of the director of a hospital, domiciliary facility, or center shall not be subject to chapter 51 and subchapter III of chapter 53 of Title 5.

(2) Notwithstanding any other provision of this title, the terms and conditions of employment of any person to whom paragraph (1) of this subsection applies shall (except as provided in paragraph (3) of this subsection) be the same as those applicable under this title to a physician serving as a director of a hospital, domiciliary facility, medical center, or outpatient facility.

(3) Notwithstanding the provisions of section 4101(e) of this title, any person to whom paragraph (1) of this subsection applies shall be deemed to be a career appointee for the purposes of sections 4507 and 5384 of title 5.

[See main edition for text of (d)]

(e) [See main edition for text of (1) to (4)]

(5) A nurse performing officially ordered or approved hours of service in excess of forty hours in an administrative workweek, or in excess of eight hours in a day, shall receive overtime pay for each hour of such additional service; the overtime rates shall be one and onehalf times such nurse's hourly rate of basic pay,

TITLE 38-VETERANS' BENEFITS

not to exceed one and one-half times the hourly rate of basic pay for the minimum rate of Intermediate grade of the Nurse Schedule. For the purposes of this paragraph, overtime must be of at least fifteen minutes duration in a day to be creditable for overtime pay. Compensatory time off in lieu of pay for service performed under the provisions of this paragraph shall not be permitted, except as voluntarily requested in writing by the nurse in question. Any excess service performed under this paragraph on a day when service was not scheduled for such nurse, or for which such nurse is required to return to her place of employment, shall be deemed to be a minimum of two hours in duration. For the purposes of this paragraph, the period of a nurse's officially ordered or approved travel away from such nurse's duty station may not be considered to be hours of service unless

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(B) of health-care personnel who--
(i) are employed in the Department of
Medicine and Surgery (other than adminis-
trative, clerical, and physical plant mainte-
nance and protective services employees);

(ii) are paid under the General Schedule
pursuant to section 5332 of title 5;

(iii) are determined by the Administrator to be providing either direct patient-care services or services incident to direct patient-care services; and

(iv) would not otherwise be available to provide medical care and treatment for veterans,

the Administrator may increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. Any increase in such rates of basic pay may be made on a nationwide, local, or other

(A) such travel occurs during such nurse's geographic basis, for one or more of the grades tour of duty; or

(B) such travel (i) involves the performance of services while traveling, (ii) is incident to travel that involves the performance of services while traveling, (iii) is carried out under arduous conditions as determined by the Administrator, or (iv) results from an event which could not be scheduled or controlled administratively.

[See main edition for text of (6) and (7)]

(8) A nurse who is officially scheduled to be on call outside such nurse's regular hours or on a holiday designated by Federal statute or Executive order shall be paid for each hour of such on-call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 per centum of the hourly rate for excess service as provided in paragraph (5) of this subsection.

[See main edition for text of (9)]

(10) Notwithstanding any other provision of law, if the Administrator determines it to be necessary in order to obtain or retain the services of nurses entitled to additional pay under this subsection, the Administrator may increase the amount of additional pay authorized under this subsection to be paid to nurses at any specific Veterans' Administration health-care facility in order to provide additional pay in an amount competitive with, but not exceeding, the amount of the same type of pay that is paid to the same category of nurses at non-Federal health-care facilities in the same geographic area as such Veterans' Administration healthcare facility (as determined by a reasonably representative sampling of such non-Federal facilities).

[See main edition for text of (ƒ)]

(g)(1) Notwithstanding any other provision of law but subject to paragraphs (2), (3), and (4) of this subsection, when the Administrator determines it to be necessary in order to obtain or retain the services

(A) of physicians, dentists, podiatrists, optometrists, nurses, physician assistants, or expanded-function dental auxiliaries appointed under this subchapter; or

listed in the schedules in subsection (b)(1) of this section, for one or more of the health personnel fields within such grades, or for one or more of the grades of the General Schedule under section 5332 of such title.

(2) Increases in rates of basic pay may be made under paragraph (1) of this subsection only in order

(A) to provide pay in an amount competi tive with, but not exceeding, the amount of the same type of pay paid to the same category of health-care personnel at non-Federal health-care facilities in the same labor market;

(B) to achieve adequate staffing at particular facilities; or

(C) to recruit personnel with specialized skills, especially those with skills which are especially difficult or demanding.

(3) The amount of any increase under paragraph (1) of this subsection in the maximum rate for any grade may not (except in the case of nurse anesthetists) exceed the amount by which the maximum for such grade (under applicable provisions of law other than this subsection) exceeds the minimum for such grade (under applicable provisions of law other than this subsection), and the maximum rate as so increased may not exceed the rate paid for individuals serving as Assistant Chief Medical Director.

(4) In the exercise of the authority provided in paragraph (1) of this subsection to increase the rates of basic pay for any category of personnel not appointed under this subchapter, the Administrator shall, not less than ninety days prior to the effective date of a proposed increase, notify the President of the Adminis trator's intention to provide such an increase. If, prior to such effective date, the President disapproves such increase and provides the ap propriate committees of the Congress with a written statement of the President's reasons for such disapproval, such proposed increase shall not take effect.

(As amended Pub. L. 95-201, § 5(a)(1), (2), Nov. 23, 1977, 91 Stat. 1432; Pub. L. 96-22, title V, § 504, June 13, 1979, 93 Stat. 65; Pub. L. 96-330, title I, §§105(c), 111, 112, Aug. 26, 1980, 94 Stat.

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