
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 203]
[CITE: 38USC7455]

 
                      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. 7455. Increases in rates of basic pay

    (a)(1) Subject to subsections (b), (c), and (d), when the Secretary 
determines it to be necessary in order to obtain or retain the services 
of persons described in paragraph (2), the Secretary may increase the 
minimum, intermediate, or maximum rates of basic pay authorized under 
applicable statutes and regulations. Any increase in such rates of basic 
pay--
        (A) may be made on a nationwide basis, local basis, or other 
    geographic basis; and
        (B) may be made--
            (i) for one or more of the grades listed in the schedules in 
        subsection (b)(1) of section 7404 of this title;
            (ii) for one or more of the health personnel fields within 
        such grades; or
            (iii) for one or more of the grades of the General Schedule 
        under section 5332 of title 5.

    (2) Paragraph (1) applies to the following:
        (A) Individuals employed in positions listed in paragraphs (1) 
    and (3) of section 7401 of this title.
        (B) Health-care personnel who--
            (i) are employed in the Administration (other than 
        administrative, clerical, and physical plant maintenance and 
        protective services employees);
            (ii) are paid under the General Schedule pursuant to section 
        5332 of title 5;
            (iii) are determined by the Secretary to be providing either 
        direct patient-care services or services incident to direct 
        patient-care services; and
            (iv) would not otherwise be available to provide medical 
        care and treatment for veterans.

        (C) Employees who are Department police officers providing 
    services under section 902 of this title.

    (b) Increases in rates of basic pay may be made under subsection (a) 
only in order--
        (1) to provide pay in an amount competitive with, but not 
    exceeding, the amount of the same type of pay paid to the same 
    category of personnel at non-Federal facilities in the same labor 
    market;
        (2) to achieve adequate staffing at particular facilities; or
        (3) to recruit personnel with specialized skills, especially 
    those with skills which are especially difficult or demanding.

    (c)(1) The amount of any increase under subsection (a) in the 
maximum rate for any grade may not (except in the case of nurse 
anesthetists and licensed physical therapists) exceed by two times the 
amount by which the maximum for such grade (under applicable provisions 
of law other than this subsection) exceeds the minimum for such grade 
(under applicable provisions of law other than this subsection), and the 
maximum rate as so increased may not exceed the rate paid for 
individuals serving as Assistant Under Secretary for Health.
    (2) Whenever the amount of an increase under subsection (a) results 
in a rate of basic pay for a position being equal to or greater than the 
amount that is 94 percent of the maximum amount permitted under 
paragraph (1), the Secretary shall promptly notify the Committees on 
Veterans' Affairs of the Senate and House of Representatives of the 
increase and the amount thereof.
    (d)(1) In the exercise of the authority provided in subsection (a) 
with respect to personnel described in subparagraph (B) or (C) of 
paragraph (2) of that subsection to increase the rates of basic pay for 
any category of personnel not appointed under subchapter I, the 
Secretary shall, not less than 45 days before the effective date of a 
proposed increase, notify the President of the Secretary's intention to 
provide such an increase.
    (2) Such a proposed increase shall not take effect if, before the 
effective date of the proposed increase, the President disapproves such 
increase and provides the appropriate committees of the Congress with a 
written statement of the President's reasons for such disapproval.
    (3) If, before that effective date, the President approves such 
increase, the Secretary may advance the effective date to any date not 
earlier than the date of the President's approval.

(Added Pub. L. 102-40, title IV, Sec. 401(b)(4), May 7, 1991, 105 Stat. 
234; amended Pub. L. 102-83, Sec. 2(c)(7), Aug. 6, 1991, 105 Stat. 402; 
Pub. L. 102-405, title II, Sec. 201, title III, Sec. 302(c)(1), Oct. 9, 
1992, 106 Stat. 1983, 1984.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 4107(g) 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. (c). Pub. L. 102-405, Sec. 302(c)(1), substituted 
``Under Secretary for Health'' for ``Chief Medical Director'' in par. 
(1).
    Pub. L. 102-405, Sec. 201, designated existing provisions as par. 
(1), inserted ``by two times'' after first reference to ``exceed'', and 
added par. (2).
    1991--Subsec. (a)(2)(C). Pub. L. 102-83 substituted ``902'' for 
``218''.

   Ex. Ord. No. 12797. Review of Increases in Rates of Basic Pay for 
 Certain Employees of Department of Veterans Affairs and Other Agencies

    Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 7455(d)(2)-
(3) of title 38, United States Code, in order to establish procedures 
for review of proposed increases in the rates of basic pay of certain 
employees of the Department of Veterans Affairs and of other agencies, 
it is hereby ordered as follows:
    Section 1. The Director of the Office of Personnel Management is 
designated to exercise the authority vested in the President by section 
7455(d)(2)-(3) of title 38, United States Code, to review and approve or 
disapprove the increases in rates of basic pay proposed by the Secretary 
of Veterans Affairs and to provide the appropriate committees of the 
Congress with a written statement of the reasons for any such 
disapproval.
    Sec. 2. In exercising this authority, the Director of the Office of 
Personnel Management shall assure that any increases in basic pay 
proposed by the Secretary of Veterans Affairs are in the best interest 
of the Federal Government, do not exceed the amounts authorized by 
section 7455, and are made only to:
    (1) Provide pay in an amount competitive with, but not exceeding, 
the amount of the same type of pay paid to the same category of health-
care personnel at non-Federal health-care facilities in the same labor 
market;
    (2) Achieve adequate staffing at particular facilities; or
    (3) Recruit personnel with specialized skills, especially those with 
skills which are especially difficult or demanding.
    Sec. 3. The Secretary of Veterans Affairs shall provide to the 
Director of the Office of Personnel Management such information as the 
Director may request in order to carry out the responsibilities 
delegated by this order.
    Sec. 4. The Director of the Office of Personnel Management shall 
provide the Secretary of Veterans Affairs with a copy of any written 
statement provided to the appropriate committees of the Congress that 
sets forth the reasons for disapproval of any proposed increase in rates 
of basic pay under this order.
    Sec. 5. In the case of any other law authorizing another agency to 
use the authority provided by section 7455 of title 38, United States 
Code, the Director of the Office of Personnel Management shall exercise 
the same authority in the same manner as provided for with respect to 
section 7455 under sections 1 through 4 of this order, and the head of 
such other agency shall provide information requested by the Director as 
provided for in section 3 of this order.
    Sec. 6. Executive Order No. 12438 of August 23, 1983, is revoked.
    Sec. 7. This order shall be effective upon publication in the 
Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in sections 902, 7457, 7612 of this 
title.
