38 U.S.C. § 7404

Editorial Notes

References in Text

section 5314 of Title 5Level III of the Executive Schedule, referred to in subsec. (a)(3)(B)(i), is set out in , Government Organization and Employees.

section 5313 of Title 5Level II of the Executive Schedule, referred to in subsec. (a)(3)(B)(ii), is set out in , Government Organization and Employees.

Codification

Pub. L. 115–182, title V, § 502(b)(1)June 6, 2018132 Stat. 1475 section 7404 of Title 38, , , which directed amendment of “section 7404(b) of such title” without specifying the Code title to be amended, was executed to this section, which is , Veterans’ Benefits, to reflect the probable intent of Congress. See 2018 Amendment note below.

Prior Provisions

Pub. L. 102–40Provisions 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 .

Amendments

Pub. L. 118–210, § 142(b)(1)2025—Subsec. (a)(2)(A). , substituted “podiatrists, optometrists, and dentists” for “podiatrists, and dentists”.

Pub. L. 118–210, § 142(b)(2)(A)podiatrist (dpm), optometrist (od), and dentistpodiatrist (dpm), and dentistSubsec. (b). , (C), substituted “” for “” in first heading in table and inserted “optometrist grade” after “Podiatrist grade” in second item under that heading.

Pub. L. 118–210, § 142(b)(2)(B)clinical chiropractor scheduleclinical chiropractor and optometrist scheduleclinical chiropractor and optometrist schedule, which directed substitution of “” for “,” in third heading in table, was executed by making the substitution for “”, to reflect the probable intent of Congress.

Pub. L. 117–168, § 904(b)2022—Subsec. (a)(1)(B). , inserted “7306 or” before “7401(4)”.

Pub. L. 117–103, § 102(b)(1)Subsec. (a)(2). , designated existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 117–96, § 1(b)(1), inserted “, podiatrists,” after “physicians”.

Pub. L. 117–96, § 1(b)(2)podiatrist (dpm)podiatristSubsec. (b). , substituted “” for “” in first heading in table.

Pub. L. 117–168, § 906(a)section 7401(1) of this titleSubsec. (c). , designated existing provisions as par. (1), inserted “or 7401(4)” after “section 7306”, substituted “or in a covered executive position under ” for “who is not eligible for pay under subchapter III” and “section 4507” for “sections 4507 and 5384”, and added par. (2).

Pub. L. 117–103, § 102(b)(2)section 5382 of title 5Subsec. (e). , inserted “basic pay” after “paid” and substituted “rates established under subchapter IV of this chapter” for “rate established for the Senior Executive Service under ”.

Pub. L. 116–146section 7457 of this title2020—Subsec. (d). inserted “and except for individuals appointed under sections 7401(4) and 7306 of this title,” after “,”.

Pub. L. 116–12podiatristpodiatric surgeon (dpm)2019—Subsec. (b). substituted “” for “” in first heading in table and inserted item relating to Podiatrist grade under that heading.

Pub. L. 115–182physician and surgeon (md/do), podiatric surgeon (dpm), and dentist and oral surgeon (dds, dmd) schedulephysician and dentist schedulechiropractor, andpodiatrist, chiropractor, and2018—Subsec. (b). substituted “” for “” as first heading in table and “Physician and surgeon grade” for “Physician grade” as first item under that heading and substituted “” for “” in third heading in table. See Codification note above.

Pub. L. 115–412017—Subsec. (a)(1). designated existing provisions as subpar. (A), inserted “and 7401(4)” after “section 7306”, and added subpar. (B).

Pub. L. 111–1632010—Subsec. (a). designated first sentence as par. (1) and second sentence as par. (2), substituted “under paragraph (1)” for “under the preceding sentence” in par. (2), and added par. (3).

Pub. L. 109–461, § 202(1)2006—Subsec. (d). , substituted “subsection (e), subchapter III, and” for “subchapter III and in”.

Pub. L. 109–461, § 202(2)Subsec. (e). , added subsec. (e).

Pub. L. 108–445, § 3(a)(2)2004—Subsec. (a). , 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.”

Pub. L. 108–445, § 3(a)(1)physician and dentist scheduleSubsec. (b). , struck out “(1)” after “(b)”, inserted items relating to Physician grade and Dentist grade under heading “” 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.”

Pub. L. 108–445, § 3(f)(1)Subsec. (c). , substituted “pay” for “special pay”.

Pub. L. 108–445, § 3(f)(2)section 5316 of title 5Subsec. (d). , 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 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.”

Pub. L. 108–170clinical podiatrist, chiropractor, and optometrist scheduleclinical podiatrist and optometrist schedule2003—Subsec. (b)(1). substituted “” for “” as third center heading in table.

Pub. L. 102–585nurse schedule1992—Subsec. (b)(1). inserted items relating to Nurse V through I under heading “” and struck out former items under that heading, “Director grade”, “Senior grade”, “Intermediate grade”, and “Entry grade”.

Pub. L. 102–405, § 206Subsec. (b)(2). , inserted “, or comparable position” before period at end of first sentence.

Pub. L. 102–405, § 302(c)(1)Subsec. (d)(1). , substituted “Under Secretary for Health” for “Chief Medical Director”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–163, title VI, § 601(d)(2)May 5, 2010124 Stat. 1169

Effective Date of 2003 Amendment

Pub. L. 108–170Dec. 6, 2003section 302(h) of Pub. L. 108–170section 7316 of this titleAmendment by effective at end of 180-day period beginning on , see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–585, title III, § 308Nov. 4, 1992106 Stat. 4953

Waivers

Pub. L. 116–146, § 1(b)July 2, 2020134 Stat. 658

Application

Pub. L. 115–182, title V, § 502(b)(2)June 6, 2018132 Stat. 1475

Executive Documents

Adjustment of Pay Rates

section 5332 of Title 5For 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 , Government Organization and Employees.

Executive Order No. 12438

Aug. 23, 1983Apr. 3, 1992section 7455 of this titleEx. Ord. No. 12438, , 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, , 57 F.R. 11671, set out as a note under .