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 Secretary may pre- scribe regulations for the administration of this section. (Added Pub. L. 117–168, title IX, § 906(b)(1), Aug. 10, 2022, 136 Stat. 1812.) 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 Vet- erans 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).’’ § 7405. Temporary full-time appointments, part- time appointments, and without-compensa- tion appointments (a) The Secretary, upon the recommendation of the Under Secretary for Health, may employ, without regard to civil service or classification laws, rules, or regulations, personnel as follows: (1) On a temporary full-time basis, part-time basis, or without compensation basis, persons in the following positions: (A) Positions listed in section 7401(1) of this title. (B) Positions listed in section 7401(3) of this title. (C) Librarians. (D) Other professional, clerical, technical, and unskilled personnel (including interns, residents, trainees, and students in medical support programs). (2) On a fee basis, persons in the following positions: (A) Positions listed in section 7401(1) of this title. (B) Positions listed in section 7401(3) of this title. (C) Other professional and technical per- sonnel. (b) Personnel employed under subsection (a)— (1) shall be in addition to personnel de- scribed in section 7306, paragraphs (1) and (3) of section 7401, and section 7408 of this title; and (2) shall be paid such rates of pay as the Sec- retary may prescribe. (c)(1) Temporary full-time appointments under this section of persons in positions listed in paragraphs (1) and (3) of section 7401 of this title may be for a period in excess of 90 days only if the Under Secretary for Health finds that cir- cumstances render it impracticable to obtain the necessary services through appointments under that section. (2) A temporary full-time appointment may not be made for a period in excess of two years in the case of a person who— (A) has successfully completed— (i) a full course of nursing in a recognized school of nursing, approved by the Sec- retary; or (ii) a full course of training for any cat- egory of personnel described in paragraph (3) of section 7401 of this title, or as a physician assistant, in a recognized education or train- ing institution approved by the Secretary; and (B) is pending registration or licensure in a State or certification by a national board rec- ognized by the Secretary. (3)(A) Temporary full-time appointments of persons in positions referred to in subsection (a)(1)(D) shall not exceed three years. (B) Temporary full-time appointments under this paragraph may be renewed for one or more additional periods not in excess of three years each. (4) Temporary full-time appointments of other personnel may not be for a period in excess of one year except as authorized in subsection (f). (d) A part-time appointment may not be for a period of more than one year, except for ap- pointments of persons specified in subsection (a)(1)(A) and interns, residents, and other train- ees in medical support programs and except as authorized in subsection (f). (e) A student who has a temporary appoint- ment under this section and who is pursuing a