38 U.S.C. § 7410 — Additional pay authorities

Page 1228 TITLE 38—VETERANS’ BENEFITS § 7410 1 So in original. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–170 inserted ‘‘chiroprac- tors,’’ after ‘‘optometrists,’’ in second sentence. Statutory Notes and Related Subsidiaries 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. § 7410. Additional pay authorities (a) IN GENERAL.—(1) The Secretary may au- thorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to personnel appointed under section 7306 of this title or sec- tion 7401(4) of this title, or personnel described in section 7401(1) of this title,,1 or interview ex- penses to candidates for appointment as such personnel, in a manner consistent with the au- thority provided under sections 5524a, 5706b, 5753, and 5754 of title 5. (2) Payments under paragraph (1) shall not be considered in calculating the limitation under section 7431(e)(4) of this title. (b) SPECIAL INCENTIVE PAY FOR DEPARTMENT PHARMACIST EXECUTIVES.—(1) In order to recruit and retain highly qualified Department phar- macist executives, the Secretary may authorize the Under Secretary for Health to pay special incentive pay of not more than $40,000 per year to an individual of the Veterans Health Admin- istration who is a pharmacist executive. (2) In determining whether and how much spe- cial pay to provide to such individual, the Under Secretary shall consider the following: (A) The grade and step of the position of the individual. (B) The scope and complexity of the position of the individual. (C) The personal qualifications of the indi- vidual. (D) The characteristics of the labor market concerned. (E) Such other factors as the Secretary con- siders appropriate. (3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled. (4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an indi- vidual shall be considered basic pay for all pur- poses, including retirement benefits under chap- ters 83 and 84 of title 5, and other benefits. (5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under sub- chapter V of this chapter. (6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 111–163, title VI, § 601(e), May 5, 2010, 124 Stat. 1169; Pub. L. 117–168, title IX, § 906(c)(3), Aug. 10, 2022, 136 Stat. 1813.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168 designated existing provisions as par. (1), substituted ‘‘personnel appointed under section 7306 of this title or section 7401(4) of this title, or personnel described in section 7401(1) of this title,’’ for ‘‘the personnel described in paragraph (1) of section 7401 of this title’’ and ‘‘in a manner consistent with’’ for ‘‘in the same manner, and subject to the same limitations, as in the case of’’, and added par. (2). 2010—Pub. L. 111–163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–405 substituted ‘‘Under Secretary for Health’’ for ‘‘Chief Medical Director’’. Statutory Notes and Related Subsidiaries TREATMENT OF PAY AUTHORITY CHANGES Pub. L. 117–168, title IX, § 906(c)(4), Aug. 10, 2022, 136 Stat. 1813, provided that: ‘‘For the purposes of the amendments made by paragraph (3) [amending this sec- tion], the Secretary of Veterans Affairs shall treat any award or payment made by the Secretary between Jan- uary 1, 2017, and the date of the enactment of this Act [Aug. 10, 2022] to employees appointed under sections 7306, 7401(1), and 7401(4) of title 38, United States Code, that the Secretary has determined are of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), as if such amendments had been in effect at the time of such award or payment.’’ § 7411. Full-time board-certified physicians and dentists: reimbursement of continuing pro- fessional education expenses The Secretary shall reimburse any full-time board-certified physician or dentist appointed under section 7401(1) of this title for expenses in- curred, up to $1,000 per year, for continuing pro- fessional education. (Added Pub. L. 102–40, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 102–40, title I, § 103(b), May 7, 1991, 105 Stat. 199, provided that: ‘‘Section 7411 of title 38, United States Code, as added by subsection (a), shall apply with respect to expenses incurred for continuing profes- sional education that is pursued after September 30, 1991.’’ § 7412. Annual determination of staffing short- ages; recruitment and appointment for need- ed occupations (a) IN GENERAL.—Not later than September 30 of each year, the Inspector General of the De- partment shall determine, and the Secretary shall publish in the Federal Register, at a min- imum, the five clinical occupations and the five nonclinical occupations of personnel of this title of the Department covered under section 7401 of this title for which there are the largest staffing shortages with respect to each medical center of