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United States Code (Last Updated: May 24, 2014) |
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Title 38. VETERANS’ BENEFITS |
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Part V. BOARDS, ADMINISTRATIONS, AND SERVICES |
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Chapter 74. VETERANS HEALTH ADMINISTRATION—PERSONNEL |
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SubChapter I. APPOINTMENTS |
§ 7404. Grades and pay scales
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(a) (1) 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. (2) The pay of physicians and dentists serving in positions to which an Executive order applies under paragraph (1) shall be determined under subchapter III of this chapter instead of such Executive order. (3) (A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with section 5382 of title 5 as if such position were a Senior Executive Service position (as such term is defined in section 3132(a) of title 5). (B) A rate of basic pay for a position may not be set under subparagraph (A) in excess of— (i) in the case the position is not described in clause (ii), the rate of basic pay payable for level III of the Executive Schedule; or (ii) in the case that the position is covered by a performance appraisal system that meets the certification criteria established by regulation under section 5307(d) of title 5, the rate of basic pay payable for level II of the Executive Schedule. (C) Notwithstanding the provisions of subsection (d) of section 5307 of title 5, the Secretary may make any certification under that subsection instead of the Office of Personnel Management and without concurrence of the Office of Management and Budget. (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 subsection (e), subchapter III, and 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. (e) The position of Chief Nursing Officer, Office of Nursing Services, shall be exempt from the provisions of section 7451 of this title and shall be paid at a rate determined by the Secretary, not to exceed the maximum rate established for the Senior Executive Service under section 5382 of title 5.
References In Text
Level III of the Executive Schedule, referred to in subsec. (a)(3)(B)(i), is set out in section 5314 of Title 5, Government Organization and Employees.
Level II of the Executive Schedule, referred to in subsec. (a)(3)(B)(ii), is set out in section 5313 of Title 5, Government Organization and Employees.
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
2010—Subsec. (a). Pub. L. 111–163 designated first sentence as par. (1) and second sentence as par. (2), substituted “under paragraph (1)” for “under the preceding sentence” in par. (2), and added par. (3).
2006—Subsec. (d). Pub. L. 109–461, § 202(1), substituted “subsection (e), subchapter III, and” for “subchapter III and in”.
Subsec. (e). Pub. L. 109–461, § 202(2), added subsec. (e).
2004—Subsec. (a). Pub. L. 108–445, § 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, § 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, § 3(f)(1), substituted “pay” for “special pay”.
Subsec. (d). Pub. L. 108–445, § 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, § 206, inserted “, or comparable position” before period at end of first sentence.
Subsec. (d)(1). Pub. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director”.
Effective Date Of Amendment
Pub. L. 111–163, title VI, § 601(d)(2),
Amendment by Pub. L. 108–170 effective at end of 180-day period beginning on
Pub. L. 102–585, title III, § 308,
Miscellaneous
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
Ex. Ord. No. 12438,