38 U.S.C. § 7404A
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- (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.