Subsection (g), referred to in subsec. (c)(1), was repealed and subsec. (h), which did not relate to annual reports, was redesignated (g) by Pub. L. 106–419, title II, § 201(a)(4), Nov. 1, 2000, 114 Stat. 1840.

The General Schedule, referred to in subsec. (d)(1)(A), is set out under section 5332 of Title 5, Government Organization and Employees.

2022—Subsec. (a)(2)(C). Pub. L. 117–103, § 102(a)(1), substituted “physician assistant, and podiatrist” for “and physician assistant”.

Subsec. (c)(2). Pub. L. 117–103, § 102(a)(2), added par. (2) and struck out former par. (2) which read as follows: “The maximum rate of basic pay for any grade for a covered position may not exceed the maximum rate of basic pay established for positions in level IV of the Executive Schedule under section 5316 of title 5. The maximum rate of basic pay for a grade for the position of certified registered nurse anesthetist pursuant to an adjustment under subsection (d) may exceed the maximum rate otherwise provided in the preceding sentence.”

Subsec. (c)(4). Pub. L. 117–263 added par. (4).

2017—Subsec. (a)(2)(B), (C). Pub. L. 115–46 added subpar. (B), redesignated former subpar. (B) as (C), and, in subpar. (C), substituted “registered nurse, and physician assistant” for “and registered nurse”.

2010—Subsec. (c)(2). Pub. L. 111–163, § 601(g), (h), substituted “level IV” for “level V” and inserted at end “The maximum rate of basic pay for a grade for the position of certified registered nurse anesthetist pursuant to an adjustment under subsection (d) may exceed the maximum rate otherwise provided in the preceding sentence.”

Subsec. (d)(3)(F). Pub. L. 111–163, § 601(j)(1), added subpar. (F).

Subsec. (e)(4)(D), (E). Pub. L. 111–163, § 601(j)(2), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (e)(6). Pub. L. 111–163, § 601(j)(3), added par. (6).

Subsecs. (f), (g). Pub. L. 111–163, § 501(a), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “Not later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding any pay adjustments under the authority of subsection (d) effective during the 12 months preceding the submission of the report. Each such report shall set forth, by health-care facility, the percentage of such increases and, in any case in which no increase was made, the basis for not providing an increase.”

2002—Subsec. (d)(3)(A). Pub. L. 107–135, § 133(1)(A), struck out “beginning rates of” before “compensation for corresponding health-care professionals” in two places.

Subsec. (d)(3)(B). Pub. L. 107–135, § 133(1)(B), struck out “beginning rates of” before “compensation for corresponding health-care professionals”.

Subsec. (d)(3)(C)(i). Pub. L. 107–135, § 133(1)(C), struck out “beginning rates of” before “compensation” in introductory provisions and in subcl. (I).

Subsec. (d)(4). Pub. L. 107–135, § 133(2), struck out “or at any other time that an adjustment in rates of pay is scheduled to take place under this subsection” after “paragraph (3)(B)” and “Whenever a director makes such a determination, the director shall within 10 days notify the Under Secretary for Health of the decision and the reasons for the decision.” at end.

Subsec. (e)(4). Pub. L. 107–135, § 133(3), struck out “grade in a” before “covered position” in subpar. (A), struck out “grade of a” before “covered position” and substituted “that position” for “that grade” in subpar. (B), and struck out “grade of a” before “covered position” in subpar. (D).

2000—Subsec. (d)(1). Pub. L. 106–419, § 201(a)(1)(A)(i), substituted “Subject to subsection (e), the rates” for “The rates” in introductory provisions.

Subsec. (d)(1)(A). Pub. L. 106–419, § 201(a)(1)(A)(ii), substituted “section 5303” for “section 5305” and inserted “and to be by the same percentage” after “to have the same effective date”.

Subsec. (d)(2). Pub. L. 106–419, § 201(a)(1)(B), substituted “Except as provided in paragraph (1)(A), such” for “Such” in second sentence.

Subsec. (d)(3)(B). Pub. L. 106–419, § 201(a)(1)(C), inserted after first sentence “To the extent practicable, the director shall use third-party industry wage surveys to meet the requirements of the preceding sentence.”, inserted before penultimate sentence “To the extent practicable, all surveys conducted pursuant to this subparagraph or subparagraph (A) shall include the collection of salary midpoints, actual salaries, lowest and highest salaries, average salaries, bonuses, incentive pays, differential pays, actual beginning rates of pay, and such other information needed to meet the purpose of this section.”, and in penultimate sentence inserted “or published” after “survey is completed”.

Subsec. (d)(3)(C)(iii). Pub. L. 106–419, § 201(a)(1)(D), struck out cl. (iii) which read as follows: “The authority of the director to use such additional data under this subparagraph with respect to certified registered nurse anesthetists expires on January 1, 1998.”

Subsec. (e). Pub. L. 106–419, § 201(a)(2), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Adjustments in rates of basic pay under subsection (d) may increase or reduce the rates of basic pay applicable to any grade of a covered position. In the case of such an adjustment that reduces the rates of pay for a grade, an employee serving at a Department health-care facility on the day before the effective date of that adjustment in a position affected by the adjustment may not (by reason of that adjustment) incur a reduction in the rate of basic pay applicable to that employee so long as the employee continues to serve in that covered position at that facility. If such an employee is subsequently promoted to a higher grade, or advanced to a higher step within the employee’s grade, for which the rate of pay as so adjusted is lower than the employee’s rate of basic pay on the day before the effective date of the promotion, the employee shall continue to be paid at a rate of basic pay not less than the rate of basic pay applicable to the employee before the promotion so long as the employee continues to serve in that covered position at that facility.”

Subsec. (f). Pub. L. 106–419, § 201(a)(3), substituted “March 1 of each year” for “February 1 of 1991, 1992, and 1993” and “subsection (d)” for “subsection (d)(1)(A)”.

Subsecs. (g), (h). Pub. L. 106–419, § 201(a)(4), redesignated subsec. (h) as (g) and struck out former subsec. (g) which directed that not later than Dec. 1 of 1991, 1992, and 1993, the Secretary was to submit to Congress a report regarding the exercise of authorities provided in this section for the preceding fiscal year and listed items to be included in report.

1996—Subsec. (d)(3)(C)(iii). Pub. L. 104–110 substituted “January 1, 1998” for “April 1, 1995”.

1994—Subsec. (d)(3)(C)(i)(I). Pub. L. 103–446, § 1201(e)(23), substituted “labor-market area” for “labor market area”.

Subsec. (g)(1). Pub. L. 103–446, § 1201(c)(7), substituted “Under Secretary for Health’s actions” for “Chief Medical Director’s actions”.

1992—Subsec. (a)(2)(B). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (a)(3). Pub. L. 102–585, § 302, designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), the rates” for “The rates”, and added subpar. (B).

Subsec. (a)(4). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (b). Pub. L. 102–585, § 301(b), substituted “five” for “four”.

Subsec. (d)(1)(B). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (d)(3)(C). Pub. L. 102–585, § 303(2), added subpar. (C). Former subpar. (C) redesignated (D).

Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (d)(3)(D). Pub. L. 102–585, § 303(1), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Subsec. (d)(3)(E). Pub. L. 102–585, § 303(1), redesignated subpar. (D) as (E).

Subsec. (d)(4). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places.

Subsec. (g)(9). Pub. L. 102–585, § 304(b), added par. (9).

Subsec. (g)(10). Pub. L. 102–585, § 307, added par. (10).

1991—Pub. L. 102–40, § 401(c)(1)(A), renumbered section 4141 of this title as this section.

Subsec. (a)(2)(B). Pub. L. 102–40, § 401(c)(2)(A)(i), substituted “paragraphs (1) and (3) of section 7401” for “clauses (1) and (3) of section 4104”.

Subsec. (a)(3). Pub. L. 102–40, §§ 301(c), 401(c)(2)(A)(ii), substituted “7404” for “4107” and inserted before period at end “or chapter 53 of title 5”.

Subsec. (a)(4). Pub. L. 102–40, § 401(c)(2)(A)(iii), substituted “7452” for “4142”.

Subsec. (b). Pub. L. 102–40, § 401(c)(2)(B), substituted “7401(1)” for “4104(1)” and “7404(b)” for “4107(b)”.

Subsec. (d)(1)(B). Pub. L. 102–40, § 301(b)(1), inserted “or the Chief Medical Director, with respect to covered Regional and Central Office employees in that grade,” before “determines”.

Subsec. (d)(3)(C). Pub. L. 102–40, § 301(b)(2)(B), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (d)(3)(D). Pub. L. 102–40, § 301(b)(2)(A), redesignated subpar. (C) as (D) and inserted “or Chief Medical Director” after “facility”.

Subsec. (d)(4). Pub. L. 102–40, § 301(b)(3), inserted “, or the Chief Medical Director with respect to Regional and Central Office employees,” after “facility”.

Subsec. (g)(8). Pub. L. 102–40, § 401(c)(2)(C), substituted “7452(b)(2)” for “4142(b)(2)”.

Amendment by sections 301(b) to 303 and 304(b) of 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.

Pub. L. 101–366, title I, § 104, Aug. 15, 1990, 104 Stat. 437, as amended by Pub. L. 102–40, title III, § 301(e), May 7, 1991, 105 Stat. 208, provided that:

Pub. L. 102–40, title III, § 301(a), May 7, 1991, 105 Stat. 208, provided that: “Physician assistants and expanded-function dental auxiliaries shall continue to be paid after August 14, 1990, according to the Nurse Schedule in section 4107(b) of title 38 [former section 4107(b) of this title], United States Code, as in effect on August 14, 1990, until the effective date of a determination by the Secretary to convert those occupations to ‘covered positions’ and pay them pursuant to section 7451 of such title, as redesignated by section 401(c).”

Pub. L. 108–422, title V, § 501, Nov. 30, 2004, 118 Stat. 2395, required the Secretary of Veterans Affairs, not later than 90 days after Nov. 30, 2004, to designate a health care service region, or a section within such a region, in which health care facilities of the Department of Veterans Affairs were adversely affected by a shortage of qualified nurses, to conduct a pilot program in the region to determine the effectiveness of the use of innovative human capital tools and techniques in the recruitment and retention of qualified nurses for positions at these Department health care facilities, and, not later than one year after Nov. 30, 2004, to submit to Congress a report on the extent to which the pilot program achieved its goals.

Pub. L. 107–135, title I, § 103, Jan. 23, 2002, 115 Stat. 2450, required the Secretary of Veterans Affairs to submit to Congress not later than March 28 of 2002 and 2003 a report on requests, made during the fiscal year preceding such report, for waivers of pay reductions for reemployed annuitants to fill nurse positions.

Pub. L. 107–135, title I, subtitle D (§§ 141–146), Jan. 23, 2002, 115 Stat. 2454, established in the Department of Veterans Affairs the “National Commission on VA Nursing”, directed the Commission, not later than two years after its first meeting, to report to Congress on legislative and organizational policy changes to enhance the recruitment and retention of nurses and other nursing personnel by the Department and the future of the nursing profession within the Department, and provided for the termination of the Commission 90 days after the date of the submission of its report.

Pub. L. 105–368, title IX, § 905, Nov. 11, 1998, 112 Stat. 3361, provided that:

Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.

Pub. L. 102–585, title III, § 305, Nov. 4, 1992, 106 Stat. 4952, provided that:

Pub. L. 102–585, title III, § 306, Nov. 4, 1992, 106 Stat. 4952, required the Secretary of Veterans Affairs to conduct a review of the process for determining the rate of basic pay applicable to the Chief Nurse position at Department of Veterans Affairs health-care facilities and the relationship between the rate of such basic pay and the rate of basic pay applicable to nurses in positions subordinate to the Chief Nurse at the respective Department facilities, including an assessment of the adequacy of the process in determining an equitable pay rate for the Chief Nurse position, with a report to be submitted to Congress not later than 12 months after Nov. 4, 1992.