; and (2) the applicable deadline pursuant to section 630.309 of title 5, Code of Federal Regulations, or successor regulation. (c) Program of lump sum payments (1) In general Subject to the availability of appropriations, the Secretary may establish a program under which, during the period beginning on the date of the enactment of this Act and ending on January 9, 2027, a covered employee with annual leave described in subsection (a)(1) may elect to receive a single lump sum payment lin lieu of using such leave. (2) Treatment of lump sum payments A lump sum payment under a program established under paragraph (1) shall be treated as separate and apart from any lump sum payment of annual leave the covered employee may otherwise be entitled to upon separation from employment with the Department. (d) Covered employee defined In this section, the term covered employee means an employee of the Department of Veterans Affairs who— (1) was appointed under chapter 73 or 74 of title 38, United States Code, notwithstanding section 7421(a) of such title, section 7425(b) of such title, or any other provision of such chapter that impacts leave for such an employee; (2) was appointed under chapter 78 of such title