38-U.S.C.-7404
§7404 – Grades and Pay Scales
Pathway
Title 38 > Part V > Chapter 74 > Subchapter I > Section 7404
Details
- Reference: Section 7404
- Legend: §7404 – Grades and Pay Scales
- USCode Year: 2013
Provision Content
(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
B
Physician grade.
Dentist grade.
nurse schedule
B
Nurse V.
Nurse IV.
Nurse III.
Nurse II.
Nurse I.
clinical podiatrist, chiropractor, and optometrist schedule
B
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.
(Added Pub. L. 102–40, title IV, §401(b)(2), May 7, 1991, 105 Stat. 225; amended Pub. L. 102–405, title II, §206, title III, §302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102–585, title III, §301(a), Nov. 4, 1992, 106 Stat. 4951; Pub. L. 108–170, title III, §302(d), Dec. 6, 2003, 117 Stat. 2058; Pub. L. 108–445, §3(a), (f), Dec. 3, 2004, 118 Stat. 2636, 2643; Pub. L. 109–461, title II, §202, Dec. 22, 2006, 120 Stat. 3410; Pub. L. 111–163, title VI, §601(d)(1), May 5, 2010, 124 Stat. 1169.)
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 2010 Amendment
Pub. L. 111–163, title VI, §601(d)(2), May 5, 2010, 124 Stat. 1169, provided that: The amendments made by paragraph (1) [amending this section] shall take effect on the first day of the first pay period beginning after the day that is 180 days after the date of the enactment of this Act [May 5, 2010].
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
Pub. L. 102–585, title III, §308, Nov. 4, 1992, 106 Stat. 4953, 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].
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.
U.S. Encyclopedia of Law Coverage
Subchapter III – Protection of Patient Rights in the Legal Encyclopedia: Veterans
In this entry about Subchapter III – Protection of Patient Rights, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-7334 in the Legal Encyclopedia: Veterans Health
In this entry about 38-U.S.C.-7334, find legal reference material, bibliographies and premiere content related to veterans health in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans health-specific issues, written by authorities in the field.
38-U.S.C.-7331 in the Legal Encyclopedia: Services
In this entry about 38-U.S.C.-7331, find legal reference material, bibliographies and premiere content related to services in the American Encyclopedia of Law, presenting a comprehensive view of the United States services-specific issues, written by authorities in the field.
38-U.S.C.-7330 in the Legal Encyclopedia: Boards
In this entry about 38-U.S.C.-7330, find legal reference material, bibliographies and premiere content related to boards in the American Encyclopedia of Law, presenting a comprehensive view of the United States boards-specific issues, written by authorities in the field.
Subchapter I – Appointments in the Legal Encyclopedia: Administrations
In this entry about Subchapter I – Appointments, find legal reference material, bibliographies and premiere content related to administrations in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrations-specific issues, written by authorities in the field.
Leave a Reply