§7404A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can create an awards program for the personnel listed in section 7421(b), following chapter 45 of Title 5 when possible. The Secretary may also make performance awards under section 5384 of Title 5 for staff under 7401(1) in jobs treated as SES‑equivalent and for staff under 7306 or 7401(4). Awards are paid by rules the Secretary sets, are not basic pay, and do not count toward the limit in section 7431(e)(4). The Secretary can make rules to run the program.

Title 38, §7404A

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary may establish an awards program for personnel listed in section 7421(b) of this title consistent with chapter 45 of title 5, to the extent practicable.

(b)Notwithstanding section 7425 of this title or any other provision of law, the Secretary may establish a performance awards program consistent with section 5384 of title 5 for—

(1)personnel appointed under section 7401(1) of this title for a position that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5) and is subject to an agency performance management system; and

(2)personnel appointed under section 7306 or 7401(4) of this title.

(c)Awards under this section may be paid based on criteria established by the Secretary and shall not be considered in calculating the limitation under section 7431(e)(4) of this title.

(d)Awards under this section shall not be considered basic pay for any purpose.

(e)The Secretary may prescribe regulations for the administration of this section.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Limitation on Past Awards Pub. L. 117–168, title IX, § 906(b)(2), Aug. 10, 2022, 136 Stat. 1812, provided that: “Notwithstanding any other provision of law, awards made by the Secretary of Veterans Affairs for any period on or after January 1, 2017, and before the date of the enactment of this Act [Aug. 10, 2022] for an employee under section 7306 or 7401(4) of title 38, United States Code, or for a position described in section 7401(1) of such title that the Secretary has determined is of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), may be subject to section 7404A of title 38, United States Code, as added by paragraph (1).”

§7404A Awards

Summary

Title 38, §7404A

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Citations & Metadata