Source
(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; Pub. L. 108–170, title III, § 302(d), Dec. 6, 2003, 117 Stat. 2058; Pub. L. 108–445, § 3(a), (f), Dec. 3, 2004, 118 Stat. 2636, 2643; Pub. L. 109–461, title II, § 202, Dec. 22, 2006, 120 Stat. 3410.)
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
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
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.”
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”.
Effective Date of 2003 Amendment
Amendment by
Pub. L. 108–170 effective at end of 180-day period beginning on Dec. 6, 2003, see section 302(h) of
Pub. L. 108–170, set out as a note under section
7316 of this title.
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
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.
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.