
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7404]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
                       SUBCHAPTER I--APPOINTMENTS
 
Sec. 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, Sec. 401(b)(2), May 7, 1991, 105 Stat. 
225; amended Pub. L. 102-405, title II, Sec. 206, title III, 
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 102-585, title 
III, Sec. 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, Sec. 206, inserted ``, or 
comparable position'' before period at end of first sentence.
    Subsec. (d)(1). Pub. L. 102-405, Sec. 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                   77,614         113,050
   Preventive Health....................
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.
