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Title 38 — Veterans' BenefitsRelease 119-73not60

§7404A Awards

Title 38 › Part V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter 74— VETERANS HEALTH ADMINISTRATION—PERSONNEL › Subchapter I— APPOINTMENTS › § 7404A

Last updated Apr 5, 2026|Official source

Summary

Secretary may set up an awards program for the staff named in section 7421(b) under chapter 45 of title 5, when practical. Secretary may also set up a performance awards program under section 5384 of title 5 for two groups: staff appointed under 7401(1) in jobs the Secretary treats as equivalent to Senior Executive Service and covered by an agency performance system, and staff appointed under 7306 or 7401(4). Awards follow rules the Secretary sets, do not count toward the limit in 7431(e)(4), and are not basic pay. The Secretary may write regulations to run the program.

Full Legal Text

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.

Legislative History

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).”

Reference

Citations & Metadata

Citation

38 U.S.C. § 7404A

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60