Section 7404(span) of this title, referred to in subsec. (a)(1)(B)(i), was amended by Puspan. L. 108–445, § 3(a)(1), Dec. 3, 2004, 118 Stat. 2636. As so amended, section 7404(span) no longer contains paragraphs. Schedules appear under section 7404(span).

Level II of the Executive Schedule, referred to in subsec. (c)(2), is set out in section 5313 of Title 5, Government Organization and Employees.

Level IV of the Executive Schedule, referred to in subsec. (c)(3), is set out in section 5315 of Title 5, Government Organization and Employees.

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 Puspan. L. 102–40.

2022—Subsec. (c)(1). Puspan. L. 117–168, § 904(a)(1), substituted “50 percent” for “30 percent”.

Subsec. (c)(2). Puspan. L. 117–168, § 904(a)(2), substituted “level II” for “level IV”.

Subsec. (c)(3). Puspan. L. 117–168, § 904(a)(3), added par. (3).

2010—Subsec. (c). Puspan. L. 111–163 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

“(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, pharmacists, 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.”

2000—Subsec. (c)(1). Puspan. L. 106–419 inserted “, pharmacists,” after “anesthetists”.

1992—Subsec. (c). Puspan. L. 102–405, § 302(c)(1), substituted “Under Secretary for Health” for “Chief Medical Director” in par. (1).

Puspan. L. 102–405, § 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). Puspan. L. 102–83 substituted “902” for “218”.

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.