38 U.S. Code § 7404 - Grades and pay scales
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.
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.
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 5for 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”.
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.
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