38 USC 7404: Grades and pay scales
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38 USC 7404: Grades and pay scales Text contains those laws in effect on January 23, 2000
From Title 38-VETERANS' BENEFITSPART V-BOARDS, ADMINISTRATIONS, AND SERVICESCHAPTER 74-VETERANS HEALTH ADMINISTRATION-PERSONNELSUBCHAPTER I-APPOINTMENTS
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§7404. Grades and pay scales

(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.

(b)(1) 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

Director grade.

Executive grade.

Chief grade.

Senior grade.

Intermediate grade.

Full grade.

Associate grade.

nurse schedule

Nurse V.

Nurse IV.

Nurse III.

Nurse II.

Nurse I.

clinical podiatrist and optometrist schedule

Chief grade.

Senior grade.

Intermediate grade.

Full grade.

Associate grade.

(2) 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.

(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 special 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 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.

(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 .)

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

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 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]."

Adjustment of Pay Rates Effective for Pay Periods Beginning On or After January 1, 2000

Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under section 5332 of Title 5, Government Organization and Employees, provided for an adjustment of the pay rates under this section effective on the first day of the first applicable pay period beginning on or after Jan. 1, 2000. See Schedule set out below:

Schedule 3
Veterans Health Administration Schedules, Department of Veterans Affairs
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
   
Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306) 1
Deputy Under Secretary for Health 2 $131,811
Associate Deputy Under Secretary for Health 3 126,250
Assistant Under Secretaries for Health 3 122,529
  Minimum Maximum
Medical Directors $104,542 3 $118,484
Service Directors 91,028 113,050
Director, National Center for Preventive Health 77,614 113,050
Physician and Dentist Schedule
Director Grade $91,028 $113,050
Executive Grade 84,055 107,125
Chief Grade 77,614 100,897
Senior Grade 65,983 85,774
Intermediate Grade 55,837 72,586
Full Grade 46,955 61,040
Associate Grade 39,178 50,932
Clinical Podiatrist and Optometrist Schedule
Chief Grade $77,614 $100,897
Senior Grade 65,983 85,774
Intermediate Grade 55,837 72,586
Full Grade 46,955 61,040
Associate Grade 39,178 50,932
Physician Assistant and Expanded-Function Dental Auxiliary Schedule 4
Director Grade $77,614 $100,897
Assistant Director Grade 65,983 85,774
Chief Grade 55,837 72,586
Senior Grade 46,955 61,040
Intermediate Grade 39,178 50,932
Full Grade 32,380 42,091
Associate Grade 27,864 36,225
Junior Grade 23,820 30,966

1 This schedule does not apply to the Assistant Under Secretary for Nursing Programs or the Director of Nursing Services. Pay for these positions is set by the Under Secretary for Health under 38 U.S.C. 7451.

2 Pursuant to section 7404(d)(1) of title 38, United States Code, the rate of basic pay payable to this employee is limited to the rate for level IV of the Executive Schedule, which is $122,400.

3 Pursuant to section 7404(d)(2) of title 38, United States Code, the rate of basic pay payable to these employees is limited to the rate for level V of the Executive Schedule, which is $114,500.

4 Pursuant to section 301(a) of Public Law 102–40, these positions are paid according to the Nurse Schedule in 38 U.S.C. 4107(b) [former section 4107(b) of Title 38, Veterans' Benefits] as in effect on August 14, 1990, with subsequent adjustments.

Executive Order No. 11413

Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided for adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

Executive Order No. 11474

Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided for adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11524

Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided for adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11576

Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11637

Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided for adjustment of pay rates effective Jan. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11691

Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, as amended by Ex. Ord. No. 11777, Apr. 12, 1974, 39 F.R. 13519, which provided for adjustment of pay rates effective Oct. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11739

Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided for adjustment of pay rates effective Oct. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11811

Ex. Ord. No. 11811, Oct. 7, 1975, 39 F.R. 3602, which provided for adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11883

Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 11941

Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12010

Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided for adjustment of pay rates effective Oct. 1, 1977, was superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12087

Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12165

Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12248

Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12330

Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12387

Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.

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.

Executive Order No. 12456

Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12496

Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12578

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12622

Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12663

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12698

Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1, 1990, and Jan. 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12736

Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12786

Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12826

Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12944

Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for adjustment of pay rates effective Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 12984

Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 13033

Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 13071

Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under section 5332 of Title 5.

Executive Order No. 13106

Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for adjustment of pay rates effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under section 5332 of Title 5.

Section Referred to in Other Sections

This section is referred to in sections 7451, 7455 of this title.