38 USC § 7404A - Awards

---
identifier: "/us/usc/t38/s7404A"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 7404A - Awards"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "7404A"
section_name: "Awards"
chapter_number: 74
chapter_name: "VETERANS HEALTH ADMINISTRATION—PERSONNEL"
subchapter_number: "I"
subchapter_name: "APPOINTMENTS"
part_number: "V"
part_name: "BOARDS, ADMINISTRATIONS, AND SERVICES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 117–168, title IX, § 906(b)(1), Aug. 10, 2022, 136 Stat. 1812.)"
---


# § 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.

---

**Source Credit**: (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

> “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
> 
> , United States Code), may be subject to
> 
> , United States Code, as added by paragraph (1).”

, , , provided that: