
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7452]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
      SUBCHAPTER IV--PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL
 
Sec. 7452. Nurses and other health-care personnel: 
        administration of pay
        
    (a)(1) Regulations prescribed under section 7451(a) of this title 
shall provide that whenever an employee in a covered position is given a 
new duty assignment which is a promotion, the rate of basic pay of that 
employee shall be increased at least one step increment in that 
employee's grade.
    (2) A nurse serving in a head nurse position shall while so serving 
receive basic pay at a rate two step increments above the rate that 
would otherwise be applicable to the nurse. If such a nurse is in the 
highest or next-to-highest step for that nurse's grade, the preceding 
sentence shall be applied by extrapolation to create additional steps 
only for the purposes of this paragraph. The limitation in section 
7451(c)(1) of this title shall not apply with respect to increased basic 
pay under this paragraph.
    (3) An employee in a covered position who is promoted to the next 
higher grade shall be paid in that grade at a step having a rate of 
basic pay that is greater than the rate of basic pay applicable to the 
employee in a covered position on the day before the effective date of 
the promotion.
    (b)(1) Under regulations which the Secretary prescribes for the 
administration of this section, the director of a Department health-care 
facility (A) shall pay a cash bonus (in an amount to be determined by 
the director not to exceed $2,000) to an employee in a covered position 
at that facility who becomes certified in a specialty recognized by the 
Department, and (B) may provide such a bonus to an employee in such a 
position who has demonstrated both exemplary job performance and 
exemplary job achievement. The authority of the Secretary under this 
subsection is in addition to any other authority of the Secretary to 
provide job performance incentives.
    (2) The Secretary shall include in the annual report under section 
7451(g) of this title a discussion of the use during the period covered 
by the report of the payment of bonuses under this subsection and other 
job performance incentives available to the Secretary.
    (c)(1) The Secretary shall provide (in regulations prescribed for 
the administration of this section) that the director of a Department 
health-care facility, in making a new appointment of a person under 
section 7401(1) of this title as an employee in a covered position for 
employment at that facility, may make that appointment at a rate of pay 
described in paragraph (3) without being subject to a requirement for 
prior approval at any higher level of authority within the Department in 
any case in which the director determines that it is necessary to do so 
in order to obtain the services of employees in covered positions in 
cases in which vacancies exist at that health-care facility.
    (2) Such a determination may be made by the director of a health-
care facility only in order to recruit employees in covered positions 
with specialized skills, especially employees with skills which are 
especially difficult or demanding.
    (3) A rate of pay referred to in paragraph (1) is a rate of basic 
pay in excess of the minimum rate of basic pay applicable to the grade 
in which the appointment is made (but not in excess of the maximum rate 
of basic pay for that grade).
    (4) Whenever the director of a health-care facility makes an 
appointment described in paragraph (1) without prior approval at a 
higher level of authority within the Department, the director shall--
        (A) state in a document the reasons for employing the employee 
    in a covered position at a rate of pay in excess of the minimum rate 
    of basic pay applicable to the grade in which the employee is 
    appointed (and retain that document on file); and
        (B) in the first budget documents submitted to the Secretary by 
    the director after the employee is employed, include documentation 
    for the need for such increased rates of basic pay described in 
    clause (A).

    (5) Whenever the director of a health-care facility makes an 
appointment described in paragraph (1) on the basis of a determination 
described in paragraph (2), the covered employee appointed may continue 
to receive pay at a rate higher than that which would otherwise be 
applicable to that employee only so long as the employee continues to 
serve in a position requiring the specialized skills with respect to 
which the determination was made.
    (d) Whenever the director of a health-care facility makes an 
appointment described in subsection (c)(1), the director may (without a 
regard to any requirement for prior approval at any higher level of 
authority within the Department) increase the rate of pay of other 
employees in the same covered position at that facility who are in the 
grade in which the appointment is made and are serving in a position 
requiring the specialized skills with respect to which the determination 
under subsection (c)(2) concerning the appointment was made. Any such 
increase shall continue in effect with respect to any employee only so 
long as the employee continues to serve in such a position.
    (e) An employee in a covered position employed under section 7401(1) 
of this title who (without a break in employment) transfers from one 
Department health-care facility to another may not be reduced in grade 
or step within grade (except pursuant to a disciplinary action otherwise 
authorized by law) if the duties of the position to which the employee 
transfers are similar to the duties of the position from which the 
employee transferred. The rate of basic pay of such employee shall be 
established at the new health-care facility in a manner consistent with 
the practices at that facility for an employee of that grade and step, 
except that in the case of an employee whose transfer (other than 
pursuant to a disciplinary action otherwise authorized by law) to 
another health-care facility is at the request of the Secretary, the 
Secretary may provide that for at least the first year following such 
transfer the employee shall be paid at a rate of basic pay up to the 
rate applicable to such employee before the transfer, if the Secretary 
determines that such rate of pay is necessary to fill the position. 
Whenever the Secretary exercises the authority under the preceding 
sentence relating to the rate of basic pay of a transferred employee, 
the Secretary shall, in the next annual report required under section 
7451(g) of this title, provide justification for doing so.
    (f) In this section, the term ``covered position'' has the meaning 
given that term in section 7451 of this title.

(Added Pub. L. 101-366, title I, Sec. 102(b), Aug. 15, 1990, 104 Stat. 
435, Sec. 4142; renumbered Sec. 7452 and amended Pub. L. 102-40, title 
III, Sec. 301(d), title IV, Sec. 401(c)(1)(A), (3), May 7, 1991, 105 
Stat. 208, 238; Pub. L. 102-585, title III, Sec. 304(a), Nov. 4, 1992, 
106 Stat. 4952.)


                               Amendments

    1992--Subsec. (e). Pub. L. 102-585 inserted before period at end ``, 
except that in the case of an employee whose transfer (other than 
pursuant to a disciplinary action otherwise authorized by law) to 
another health-care facility is at the request of the Secretary, the 
Secretary may provide that for at least the first year following such 
transfer the employee shall be paid at a rate of basic pay up to the 
rate applicable to such employee before the transfer, if the Secretary 
determines that such rate of pay is necessary to fill the position. 
Whenever the Secretary exercises the authority under the preceding 
sentence relating to the rate of basic pay of a transferred employee, 
the Secretary shall, in the next annual report required under section 
7451(g) of this title, provide justification for doing so''.
    1991--Pub. L. 102-40, Sec. 401(c)(1)(A), renumbered section 4142 of 
this title as this section.
    Subsec. (a)(1). Pub. L. 102-40, Sec. 401(c)(3)(A)(i), substituted 
``7451(a)'' for ``4141(a)''.
    Subsec. (a)(2). Pub. L. 102-40, Sec. 401(c)(3)(A)(ii), substituted 
``7451(c)(1)'' for ``4141(c)(1)''.
    Subsec. (a)(3). Pub. L. 102-40, Sec. 301(d), substituted ``paid'' 
for ``appointed''.
    Subsec. (b)(2). Pub. L. 102-40, Sec. 401(c)(3)(B), substituted 
``7451(g)'' for ``4141(g)''.
    Subsec. (c)(1). Pub. L. 102-40, Sec. 401(c)(3)(C), substituted 
``7401(1)'' for ``4104(1)''.
    Subsec. (e). Pub. L. 102-40, Sec. 401(c)(3)(C), substituted 
``7401(1)'' for ``4104(1)''.
    Subsec. (f). Pub. L. 102-40, Sec. 401(c)(3)(D), substituted ``7451'' 
for ``4141''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-585 effective with respect to first pay 
period beginning on or after end of six-month period beginning on Nov. 
4, 1992, see section 308 of Pub. L. 102-585, set out as a note under 
section 7404 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 7451 of this title.
