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38 U.S.C. § 7404A — Awards

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421/b&num=0&edition=prelim) consistent with chapter 45 of title 5, to the extent practicable. **(b) Executive Performance Awards Program.—** Notwithstanding [section 7425 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7425&num=0&edition=prelim) or any other provision of law, the Secretary may establish a performance awards program consistent with [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) for— (1) personnel appointed under [section 7401(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7431/e/4&num=0&edition=prelim). **(d) Not Considered Basic Pay.—** Awards under this section shall not be considered basic pay for any purpose. **(e) Regulations.—*

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Source location: Title 38, Chapter 74, § 7404A; chapter-074-veterans-health-administration-personnel.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7425 — Employees: laws not applicable

**(a)** Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law: (1) Section 413 of the Civil Service Reform Act of 1978. (2) Subchapter II of chapter 31 of title 5. (3) Subchapter VIII of chapter 33 of title 5. (4) Subchapter V of chapter 35 of title 5. (5) Subchapter II of chapter 43 of title 5. (6) [Section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). (7) Subchapter VIII of chapter 53 of title 5. (8) Subchapter V of chapter 75 of title 5. **(b)** Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified. **(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapt

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5384 — Performance awards in the Senior Executive Service

**(a)** (1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section. (2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 4507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). **(b)** (1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee’s most recent performance appraisal and rating under subchapter II of chapter 43 of this title. (2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay. (3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of— (A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or (B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year. **(c)** (1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7404A — Awards

Page 1224 TITLE 38—VETERANS’ BENEFITS § 7404A Executive Documents ADJUSTMENT OF PAY RATES For 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 section 5332 of Title 5, Government Organization and Employees. EXECUTIVE ORDER NO. 12438 Ex. Ord. No. 12438, Aug. 23, 1983, 48 F.R. 39205, which related to review of increases in rates of basic pay for employees of the Veterans’ Administration, was re- voked by Ex. Ord. No. 12797, Apr. 3, 1992, 57 F.R. 11671, set out as a note under section 7455 of this title. § 7404A. Awards (a) SUPERIOR ACCOMPLISHMENTS AND PERFORM- ANCE AWARDS PROGRAM.—The Secretary may es- tablish 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 PRO- GRAM.—Notwithstanding section 7425 of this title or any other provision of law, the Sec- retary may establish a performance awards pro- gram 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 Sen- ior Executive Service position (as such term is defined in section 3132(a) of title 5) and is sub- ject 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 estab- lished by the Secretary and shall not be consid- ered 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 Se

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