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LegalText 38 U.S.C. § 7410 Additional pay authorities us united_states_code code_section 38 VETERANS BENEFITS 74 VETERANS HEALTH ADMINISTRATION—PERSONNEL 7410 38 U.S.C. § 7410 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s7410 data/legal/raw/us/code/title-38/usc38.xml 422b671c3e6a65bba3e8c700345ac29867c3dfc05fb897b21244bb9e3b474db3 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 6485f5af4de5d8e0a9dfced287b673100dc6af4f7cebb5c47eadf27b00289feb 2026-07-04 official
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38 U.S.C. § 7410 - Additional pay authorities

Text

(a) In General.— (1) The Secretary may authorize the Under Secretary for Health to pay advance payments, recruitment or relocation bonuses, and retention allowances to 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,,11 So in original. or interview expenses to candidates for appointment as such personnel, in a manner consistent with the authority provided under sections 5524a, 5706b, 5753, and 5754 of title 5.

(2) Payments under paragraph (1) shall not be considered in calculating the limitation under section 7431(e)(4) of this title.

(b) Special Incentive Pay for Department Pharmacist Executives.— (1) In order to recruit and retain highly qualified Department pharmacist executives, the Secretary may authorize the Under Secretary for Health to pay special incentive pay of not more than $40,000 per year to an individual of the Veterans Health Administration who is a pharmacist executive.

(2) In determining whether and how much special pay to provide to such individual, the Under Secretary shall consider the following:

(A) The grade and step of the position of the individual.

(B) The scope and complexity of the position of the individual.

(C) The personal qualifications of the individual.

(D) The characteristics of the labor market concerned.

(E) Such other factors as the Secretary considers appropriate.

(3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled.

(4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an individual shall be considered basic pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5, and other benefits.

(5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under subchapter V of this chapter.

(6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President.

(Added Pub. L. 10240, title I, § 103(a)[(1)], May 7, 1991, 105 Stat. 198; amended Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 111163, title VI, § 601(e), May 5, 2010, 124 Stat. 1169; Pub. L. 117168, title IX, § 906(c)(3), Aug. 10, 2022, 136 Stat. 1813.)

Notes

Editorial Notes

Amendments2022—Subsec. (a). Pub. L. 117168 designated existing provisions as par. (1), substituted “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,” for “the personnel described in paragraph (1) of section 7401 of this title” and “in a manner consistent with” for “in the same manner, and subject to the same limitations, as in the case of”, and added par. (2). 2010—Pub. L. 111163 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director”.

Statutory Notes and Related Subsidiaries

Treatment of Pay Authority ChangesPub. L. 117168, title IX, § 906(c)(4), Aug. 10, 2022, 136 Stat. 1813, provided that: “For the purposes of the amendments made by paragraph (3) [amending this section], 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 [Aug. 10, 2022] 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.”