38 U.S.C. § 7455
Section 7455 · Increases in rates of basic pay
Current version, with additions and removals from the November 1, 2000 version.
(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)(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
(A) may be made on a nationwide basis, local basis, or other geographic basis; and
(B) may be made—
(B) may be made—
(ii) for one or more of the health personnel fields within such grades; or
(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.
(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:
(2) Paragraph (1) applies to the following:
(A) Individuals employed in positions listed in paragraphs (1) and (3) of section 7401 of this title.
(A) Individuals employed in positions listed in paragraphs (1) and (3) of section 7401 of this title.
(B) Health-care personnel who—
(B) Health-care personnel who—
(i) are employed in the Administration (other than administrative, clerical, and physical plant maintenance and protective services employees);
(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;
(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
(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.
(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.
(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—
(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;
(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
(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.
(3) to recruit personnel with specialized skills, especially those with skills which are especially difficult or demanding.
(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.
(2) No rate may be established under this section in excess of the rate of basic pay payable for level II of the Executive Schedule.
(3)(A) Notwithstanding section 5304 of title 5 or any other provision of law, but subject to the limitation under paragraph (2), pursuant to an increase under subsection (a), the Secretary may pay a special rate or an adjusted rate of basic pay in excess of the rate of basic pay payable for level IV of the Executive Schedule.
(B) If an employee is in receipt of a special rate of pay under subparagraph (A) in excess of the rate of basic pay payable for level IV of the Executive Schedule with an established special rate supplement of greater value than a supplement based on the applicable locality-based comparability payment percentage under section 5304 of title 5, but a pay adjustment would cause such established special rate supplement to be of lesser value, the special rate supplement shall be converted to a supplement based on the applicable locality-based comparability percentage unless the Secretary determines that some other action is appropriate.
(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.
(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.
(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.
(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.