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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## 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 ###
(a)Expansion of Eligibility of Employees for Certain Awards Section 7404(c) is amended— ####
(1)by striking “Notwithstanding” and inserting “(1) Notwithstanding”; ####
(2)by inserting “or 7401(4)” after “section 7306”; ####
(3)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”; ####
(4)by striking “sections 4507 and 5384” and inserting “section 4507”; and ####
(5)by adding at the end the following new paragraph: > > #### “(2) > > 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.” > . ###
(b)Authority for Awards Programs of Department of Veterans Affairs ####
(1)In general **[**[38 U.S.C. 7401](/us/usc/t38/s7401)**]** Subchapter I of chapter 74 is amended by inserting after section 7404 the following new section: > > ## “SEC. 7404A Awards > > **[**[38 U.S.C. 7404A](/us/usc/t38/s7404A)**]** > > > ### “(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.” > . ####
(2)Limitation on past awards **[**[38 U.S.C. 7404A note](/us/usc/t38/s7404A)**]** 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). ###
(c)Modification of Employees Subject to Regulation by Secretary of Veterans Affairs of Hours and Conditions of Employment and Leaves of Absence ####
(1)In general **[**[38 U.S.C. 7421](/us/usc/t38/s7421)**]** Section 7421 is amended— #####
(A)in subsection (a), by striking “chapter” and inserting “title”; and #####
(B)in subsection (b), by adding at the end the following new paragraph: > > #### “(9) > > Any position for which the employee is appointed under section 7306 or 7401(4) of this title.” > . ####
(2)Administration of full-time employees Section 7423 is amended— #####
(A)in subsection (a)(2), by adding at the end the following new subparagraph: > > ##### “(D) > > 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 #####
(B)in subsection (e)(1), by striking “7401(1)” and inserting “7421(b)”. ####
(3)Additional pay authorities **[**[38 U.S.C. 7410](/us/usc/t38/s7410)**]** Section 7410(a) is amended— #####
(A)by striking “The Secretary” and inserting “(1) The Secretary”; #####
(B)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 #####
(C)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 #####
(D)by adding at the end the following new paragraph: > > #### “(2) > > Payments under paragraph
(1)shall not be considered in calculating the limitation under section 7431(e)(4) of this title.” > . ####
(4)Treatment of pay authority changes **[**[38 U.S.C. 7410 note](/us/usc/t38/s7410)**]** 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. ####
(5)Treatment of prior leave balances **[**[38 U.S.C. 7421 note](/us/usc/t38/s7421)**]** 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. ###
(d)Treatment of Certain Employees as Appointed Under Section 7306 Section 7306 is amended— ####
(1)in subsection (a), by redesignating the second paragraph
(11)as paragraph (12); and ####
(2)by adding at the end the following new subsection: > > ### “(g) > > 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.” > . ###
(e)Conforming Amendment 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”.
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- 38 USC 7404A
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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
Cite38 USC 7404A
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