Sec. 302. Pay for Medical Directors and Directors of Veterans Integrated Service Networks

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Chapter 74 of title 38, United States Code, is amended by adding at the end the following new subchapter: Pay for a Medical Director or Director of a Veterans Integrated Service Network appointed under section 7306(a)(4) of this title (in this section referred to as a Director ) shall consist of basic pay set forth under section 7404(a) of this title and market pay determined under subsection (b). Each Director is eligible for market pay determined under this subsection. The amount of market pay payable to a Director under this section shall be determined by the Secretary on a case-by-case basis and shall consist of pay intended to reflect needs of the Department with respect to the recruitment and retention (as determined by the Secretary) of such Director.

In determining the amount of market pay payable to a Director under this section, the Secretary shall— consult not less than two national surveys on pay for hospital directors, medical facility directors, or other similar positions, whether prepared by private, public, or quasi-public entities, to make a general assessment of the range of potential pay for the Director; and take into account— the experience of the Director in managing facilities or program offices of the Department, including the complexity of such facilities or offices; the complexity of the facility or facilities to be managed by the Director; the labor market, in such geographic area as the Secretary considers relevant, for hospital directors, medical facility directors, and other similar positions; the experience of the Director in managing medical facilities for other Federal agencies, private entities, or non-profit entities; and such other considerations as the Secretary considers appropriate.

The Secretary shall evaluate the amount of market pay payable to a Director under this section not less frequently than once every two years and may adjust the market pay payable to such Director as a result of such evaluation. A Director whose market pay is evaluated under subparagraph

(A)shall receive written notice of the results of such evaluation. Not less frequently than once every two years, the Secretary shall set forth a Department-wide minimum and maximum amount for total annual pay under subsection

(a)that may be paid to a Director and shall publish each such amount in the Federal Register. The minimum and maximum amounts set forth under paragraph

(1)shall take effect not earlier than the date that is 60 days after the publication of such amounts under such paragraph. The sum of the basic pay set forth under section 7404(a) of this title and market pay determined under subsection

(b)for a Director for a calendar year— may not be less than the most recent minimum amount set forth under paragraph

(1)before the beginning of such calendar year; and may not be more than the most recent maximum amount set forth under such paragraph before the beginning of such calendar year. The total amount of compensation paid to a Director under this title in any calendar year may not exceed the amount of annual compensation (excluding expenses) of the President under section 102 of title 3. The Secretary may not delegate to an officer or employee of the Department the requirement of the Secretary to set forth a Department-wide minimum and maximum amount under paragraph (1). 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. A decrease in pay of a Director resulting from an adjustment in the amount of market pay of the Director under subsection

(b)shall not be treated as an adverse action. A decrease in the amount of pay of a Director resulting from an involuntary reassignment in connection with a disciplinary action taken against the Director is not subject to appeal or judicial review. . The table of sections at the beginning of chapter 74 of such title is amended by adding at the end the following: Subchapter VII. Pay for Medical Directors and Directors of Veterans Integrated Service Networks 7481. Pay for Medical Directors and Directors of Veterans Integrated Service Networks. .