Skip to content

Title 38 — Veterans’ Benefits

Part V · Chapter 74 — Veterans Health Administration—Personnel

§ 7404A. Awards

Statutory text

(a)

Superior Accomplishments and Performance Awards Program.—

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)

Executive Performance Awards Program.—

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)

Payment of Awards.—

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)

Not Considered Basic Pay.—

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

(e)

Regulations.—

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022

    Pub. L. 117–168 title IX § 906(b)(1) · 136 Stat. 1759

    Enacted · 38 U.S.C. § 7404A

    (Added Pub. L. 117–168, title IX, § 906(b)(1), Aug. 10, 2022, 136 Stat. 1812.)

    Source evidence

    Code source credit
    (Added Pub. L. 117–168, title IX, § 906(b)(1), Aug. 10, 2022, 136 Stat. 1812.)

    Enacted provision · exact public law section
    (1) In general.— Subchapter I of chapter 74 38 USC prec. 7401. is amended by inserting after section 7404 the following new section: “§ 7404A. Awards “(a) Superior Accomplishments and Performance Awards Program.— 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) Executive Performance Awards Program.— 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) Payment of Awards.— 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) Not Considered Basic Pay.— Awards under this section shall not be considered basic pay for any purpose. “(e) Regulations.— The Secretary may prescribe regulations for the administration of this section.” .

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Limitation on Past Awards

Pub. L. 117–168, title IX, § 906(b)(2), , 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 , and before the date of the enactment of this Act [] 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).”

Credits

(Added Pub. L. 117–168, title IX, § 906(b)(1), , 136 Stat. 1812.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s7404A