Sec. 906. Modification of authority of the Secretary of Veterans Affairs relating to hours, conditions of employment, and pay for certain employees of Veterans Health Administration
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/bill/117/hr/3967/eas/section-906·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7404(c) is amended— by striking Notwithstanding and inserting
(1)Notwithstanding ; by inserting or 7401(4) after section 7306 ; by striking who is not eligible for pay under subchapter III and inserting or in a covered executive position under section 7401(1) of this title ; by striking sections 4507 and 5384 and inserting section 4507 ; and by adding at the end the following new paragraph: In this subsection, the term covered executive position means 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. . Subchapter I of chapter 74 is amended by inserting after section 7404 the following new section: 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. 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— 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 personnel appointed under section 7306 or 7401(4) of this title. 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. Awards under this section shall not be considered basic pay for any purpose. The Secretary may prescribe regulations for the administration of this section. . Notwithstanding any other provision of law, awards made by the Secretary of Veterans Affairs for any period on or after January 1, 2017, 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). Section 7421 is amended— in subsection (a), by striking chapter and inserting title ; and in subsection (b), by adding at the end the following new paragraph: Any position for which the employee is appointed under section 7306 or 7401(4) of this title. . Section 7423 is amended— in subsection (a)(2), by adding at the end the following new subparagraph: The Secretary may exclude from the requirements of paragraph
(1)employees hired under section 7306 or 7401(4) of this title or for a position described in section 7401(1) of this 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). ; and in subsection (e)(1), by striking 7401(1) and inserting 7421(b) . Section 7410(a) is amended— by striking The Secretary and inserting
(1)The Secretary ; by striking the personnel described in paragraph
(1)of section 7401 of this title and inserting personnel appointed under section 7306 of this title or section 7401(4) of this title, or personnel described in section 7401(1) of this title, ; and by striking in the same manner, and subject to the same limitations, as in the case of and inserting in a manner consistent with ; and by adding at the end the following new paragraph: Payments under paragraph
(1)shall not be considered in calculating the limitation under section 7431(e)(4) of this title. . For the purposes of the amendments made by paragraph (3), the Secretary of Veterans Affairs shall treat any award or payment made by the Secretary between January 1, 2017, and the date of the enactment of this Act to employees appointed under sections 7306, 7401(1), and 7401(4) of title 38, United States Code, that the Secretary has determined are of equivalent rank to a Senior Executive Service position (as such term is defined in section 3132(a) of title 5, United States Code), as if such amendments had been in effect at the time of such award or payment. Notwithstanding any other provision of law, the Secretary may adjust the leave balance and carryover leave balance of any employee described in section 7421(b)(9) of title 38, United States Code, as amended by paragraph (1)(B), to ensure any leave accrued or carried over before the date of the enactment of this Act remains available to such employee. Section 7306 is amended— in subsection (a), by redesignating the second paragraph
(11)as paragraph (12); and by adding at the end the following new subsection: For purposes of applying any provision of chapter 74 of this title, including sections 7404, 7410, and 7421, or any other provision of law, the Secretary may treat any appointment for a position under this chapter to be an appointment under this section. . Section 7431(e)(4) is amended by striking In no case and inserting Except as provided in sections 7404A(c) and 7410(a)(2) of this title, in no case .