Page:United States Statutes at Large Volume 105 Part 1.djvu/262

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105 STAT. 234 PUBLIC LAW 102-40—MAY 7, 1991 pay authorized under subsections Qj) through (h) if the Secretary determines that it is necessary to do so in order to obtain or retain the services of nurses. "(2) An increase under paragraph (1) in rates of additional pay— "(A) may be made at any specific Department health-care facility in order to provide nurses, or any category of nurses, at such facility additional pay in an amount competitive with, but not exceeding, the amount of the same type of pay that is paid to the same category of nurses at non-Federal health-care facilities in the same geographic area as such Department healthcare facility (based upon a reasonably representative sampling of such non-Federal facilities); and "(B) may be made on a nationwide, local, or other geographic basis if the Secretary finds that such an increase is justified on the basis of a review of the need for such increase (based upon a reasonably representative sampling of non-Federal health-care facilities in the geographic area involved). "§ 7454. Physician assistants and other health care professionals: additional pay "(a) Physician assistants and expanded-function dental auxiliaries shall be entitled to additional pay on the same basis as provided for nurses in section 7453 of this title. "(b) When the Secretary determines it to be necessary in order to obtain or retain the services of certified or registered respiratory therapists, licensed physical therapists, licensed practical or vocational nurses, pharmacists, or occupational therapists, the Secretary may, on a nationwide, local, or other geographic basis, pay persons employed in such positions additional pay on the same basis as provided for nurses in section 7453 of this title. Regulations. "(c) The Secretary shall prescribe by regulation standards for compensation and payment under this section. "§ 7455. Increases in rates of basic pay "(a)(1) Subject to subsections (b), (c), and (d), when the Secretary determines it to be necessary in order to obtain or retain the services of persons described in paragraph (2), the Secretary may increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations. Any increase in such rates of basic pay— "(A) may be made on a nationwide basis, local basis, or other geographic basis; and "(B) may be made— "(i) for one or more of the grades listed in the schedules in subsection (b)(1) of section 7404 of this title; "(ii) for one or more of the health personnel fields within such grades; or "(iii) for one or more of the grades of the General Schedule under section 5332 of title 5. "(2) Paragraph (1) applies to the following: "(A) Individuals employed in positions listed in paragraphs (1) and (3) of section 7401 of this title. "(B) Health-care personnel who— "(i) are employed in the Administration (other than administrative, clerical, and physical plant maintenance and protective services employees);