38 U.S.C. § 7433 — Administrative matters

Page 1241 TITLE 38—VETERANS’ BENEFITS § 7433 under the terms of such agreement until the effective date that is applicable under subsection (d) [set out as a note above] to the Under Secretary. ‘‘(ii) An individual appointed as Under Secretary for Health on or after the date of the enactment of this Act and before the effective date applicable under subsection (d) to the Under Secretary shall be paid special pay in accordance with the provisions of sections 7432(d)(2) and 7433 of title 38, United States Code (as in effect on the day before the date of the en- actment of this Act), during the period beginning on the date of appointment and ending on such effective date. However, no special pay agreement shall be re- quired for the payment of special pay under this clause. ‘‘(B) TREATMENT OF SPECIAL PAY.—Special pay paid under subparagraph (A) during the period beginning on the date of the enactment of this Act and ending on the effective date applicable under subsection (d) to the Under Secretary— ‘‘(i) shall be subject to the provisions of para- graphs (1), (2), (4), (5), and (6) of section 7438(b) of title 38, United States Code (as in effect on the day before the date of the enactment of this Act); and ‘‘(ii) shall be fully creditable for purposes of com- puting benefits under chapters 83 and 84 of title 5, United States Code.’’ INITIAL RATES OF BASE PAY FOR PHYSICIANS AND DENTISTS Pub. L. 108–445, § 3(c), Dec. 3, 2004, 118 Stat. 2641, pro- vided that: ‘‘The initial rates of base pay established for the base pay steps under the Physician and Dentist Base and Longevity Pay Schedule provided in section 7431(b) of title 38, United States Code (as added by sub- section (b)), are as follows: ‘‘Base Pay Step: Rate of Pay: 1 ......................................................... $90,000 2 ......................................................... $93,000 3 ......................................................... $96,000 4 ......................................................... $99,000 5 ......................................................... $102,000 6 ......................................................... $105,000 7 ......................................................... $108,000 8 ......................................................... $111,000 9 ......................................................... $114,000 10 ....................................................... $117,000 11 ....................................................... $120,000 12 ....................................................... $123,000 13 ....................................................... $126,000 14 ....................................................... $129,000 15 ....................................................... $132,000.’’ § 7432. Pay of Under Secretary for Health (a) BASE PAY.—The base pay of the Under Sec- retary for Health shall be the annual rate of basic pay for positions at Level III of the Execu- tive Schedule under section 5314 of title 5. (b) MARKET PAY.—(1) In the case of an Under Secretary for Health who is also a physician, po- diatrist, optometrist, or dentist, in addition to the base pay specified in subsection (a) the Under Secretary for Health may also be paid the market pay element of pay of physicians and dentists under section 7431(c) of this title. (2) The amount of market pay of the Under Secretary for Health under this subsection shall be established by the Secretary. (3) In establishing the amount of market pay of the Under Secretary for Health under this subsection, the Secretary shall utilize an appro- priate health care labor market selected by the Secretary for purposes of this subsection. (c) TREATMENT OF PAY.—Pay under this sec- tion shall be considered pay for all purposes, in- cluding retirement benefits under chapters 83 and 84 of title 5 and other benefits. (Added Pub. L. 108–445, § 3(b), Dec. 3, 2004, 118 Stat. 2640; amended Pub. L. 118–210, title I, § 142(a)(3)(A), Jan. 2, 2025, 138 Stat. 2746.) APPLICABILITY OF AMENDMENT Amendment of subsection (b)(1) of this section by Pub. L. 118–210 applicable to any pay period of the Department of Veterans Affairs begin- ning on or after the date that is 180 days after Jan. 2, 2025. See 2025 Amendment note below. Editorial Notes PRIOR PROVISIONS A prior section 7432, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 189; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104–262, title III, § 346, Oct. 9, 1996, 110 Stat. 3208, related to writ- ten agreements for special pay, prior to the general amendment of this subchapter by Pub. L. 108–445. AMENDMENTS 2025—Subsec. (b)(1). Pub. L. 118–210 inserted ‘‘, podiatrist, optometrist,’’ after ‘‘physician’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT Amendment by Pub. L. 118–210 applicable to any pay period of the Department of Veterans Affairs beginning on or after the date that is 180 days after Jan. 2, 2025, see section 142(a)(5) of Pub. L. 118–210, set out as a note under section 7431 of this title. § 7433. Administrative matters (a) REGULATIONS.—The Secretary shall pre- scribe regulations relating to the pay of physi- cians, optometrists, podiatrists, and dentists in the Veterans Health Administration under this subchapter. (b) RECOMMENDATIONS AND VIEWS.—In pre- scribing the regulations, the Secretary shall take into account the recommendations of the Under Secretary for Health on the administra- tion of this subchapter. In formulating rec- ommendations for the purpose of this sub- section, the Under Secretary shall request the views of representatives of labor organizations that are exclusive representatives of physicians, optometrists, podiatrists, and dentists of the De- partment and the views of representatives of professional organizations of physicians, optom- etrists, podiatrists, and dentists of the Depart- ment. (Added Pub. L. 108–445, § 3(b), Dec. 3, 2004, 118 Stat. 2640; amended Pub. L. 116–12, § 1(b)(2), (5), Apr. 8, 2019, 133 Stat. 845; Pub. L. 118–210, title I, § 142(a)(3)(B), Jan. 2, 2025, 138 Stat. 2746.) Editorial Notes PRIOR PROVISIONS Prior sections 7433 to 7440 were omitted in the general amendment of this subchapter by Pub. L. 108–445. Section 7433, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 191; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686, related to special pay for full-time physicians. Section 7434, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 192, related to special pay of part-time physicians. Page 1242 TITLE 38—VETERANS’ BENEFITS § 7451 1 See References in Text note below. Section 7435, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 193; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(e)(22), Nov. 2, 1994, 108 Stat. 4686; Pub. L. 106–419, title II, § 202(a)–(f), Nov. 1, 2000, 114 Stat. 1840, 1841, related to special pay of full-time dentists. Section 7436, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 194, related to special pay of part-time dentists. Section 7437, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 194; amended Pub. L. 102–405, title II, § 204(a), title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1983, 1984, related to general provisions concerning special pay of physicians and dentists. Section 7438, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 196; amended Pub. L. 106–419, title II, § 202(g), Nov. 1, 2000, 114 Stat. 1841, related to coordina- tion of special pay with other benefits laws. Section 7439, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 197, related to periodic review and quad- rennial reports regarding pay of physicians and den- tists. Section 7440, added Pub. L. 102–40, title I, § 102, May 7, 1991, 105 Stat. 198; amended Pub. L. 103–446, title XII, § 1201(c)(6), Nov. 2, 1994, 108 Stat. 4684, related to annual reports of the use of authorities provided in this sub- chapter. AMENDMENTS 2025—Pub. L. 118–210 inserted ‘‘optometrists,’’ after ‘‘physicians,’’ wherever appearing. 2019—Pub. L. 116–12, § 1(b)(2), substituted ‘‘physicians, podiatrists, and dentists’’ for ‘‘physicians and dentists’’ wherever appearing. Subsec. (a). Pub. L. 116–12, § 1(b)(5)(B), struck out par. (1) designation before ‘‘The Secretary’’ and redesig- nated par. (2) as subsec. (b). Subsec. (b). Pub. L. 116–12, § 1(b)(5)(C), inserted head- ing and substituted ‘‘this subsection’’ for ‘‘this para- graph’’. Pub. L. 116–12, § 1(b)(5)(A), (B)(ii), redesignated subsec. (a)(2) as (b) and struck out former subsec. (b) which re- quired reports on the pay of physicians and dentists in the Veterans Health Administration under this sub- chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT Amendment by Pub. L. 118–210 applicable to any pay period of the Department of Veterans Affairs beginning on or after the date that is 180 days after Jan. 2, 2025, see section 142(a)(5) of Pub. L. 118–210, set out as a note under section 7431 of this title. SUBCHAPTER IV—PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL § 7451. Nurses and other health-care personnel: competitive pay (a)(1) It is the purpose of this section to en- sure, by a means providing increased responsi- bility and authority to directors of Department health-care facilities, that the rates of basic pay for health-care personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of per- sonnel employed in such positions on a part- time basis) are sufficient for that facility to be competitive, on the basis of pay and other em- ployee benefits, with non-Department health- care facilities in the same labor-market area in the recruitment and retention of qualified per- sonnel for those positions. (2) The health-care personnel positions re- ferred to in paragraph (1) (hereinafter in this section referred to as ‘‘covered positions’’) are the following: (A) Registered nurse. (B) Physician assistant. (C) Such positions referred to in paragraphs (1) and (3) of section 7401 of this title (other than the positions of physician, optometrist, dentist, registered nurse, physician assistant, and podiatrist) as the Secretary may deter- mine upon the recommendation of the Under Secretary for Health. (3)(A) Except as provided in subparagraph (B), the rates of basic pay for covered positions in the Department shall be established and ad- justed in accordance with this section instead of subsection (b)(1) of section 7404 of this title or chapter 53 of title 5. (B) Under such regulations as the Secretary shall prescribe, the Secretary shall establish and adjust the rates of basic pay for covered posi- tions at the following health-care facilities in order to provide rates of basic pay that enable the Secretary to recruit and retain sufficient numbers of health-care personnel in such posi- tions at those facilities: (i) The Veterans Memorial Medical Center in the Republic of the Philippines. (ii) Department of Veterans Affairs health- care facilities located outside the contiguous States, Alaska, and Hawaii. (4) The Secretary, after receiving the rec- ommendation of the Under Secretary for Health, shall prescribe regulations setting forth criteria and procedures to carry out this section and sec- tion 7452 of this title. Requirements in such reg- ulations for directors to provide and maintain documentation of actions taken under this sec- tion shall require no more documentation than the minimum essential for responsible adminis- tration. (b) The Secretary shall maintain the five grade levels for nurses employed by the Depart- ment under section 7401(1) of this title as speci- fied in the Nurse Schedule in section 7404(b) of this title. The Secretary shall, pursuant to regu- lations prescribed to carry out this subchapter, establish grades for other covered positions as the Secretary considers appropriate. (c)(1) For each grade in a covered position, there shall be a range of basic pay. The max- imum rate of basic pay for a grade shall be 133 percent of the minimum rate of basic pay for the grade, except that, if the Secretary determines that a higher maximum rate is necessary with respect to any such grade in order to recruit and retain a sufficient number of high-quality health-care personnel, the Secretary may raise the maximum rate of basic pay for that grade to a rate not in excess of 175 percent of the min- imum rate of basic pay for the grade. Whenever the Secretary exercises the authority under the preceding sentence to establish the maximum rate of basic pay at a rate in excess of 133 per- cent of the minimum rate for that grade, the Secretary shall, in the next annual report re- quired by subsection (g),1 provide justification for doing so to the Committees on Veterans’ Af-