Page:United States Statutes at Large Volume 105 Part 1.djvu/263

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PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 235 "(ii) are paid under the General Schedule pursuant to section 5332 of title 5; "(iii) are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; and "(iv) would not otherwise be available to provide medical care and treatment for veterans. "(C) Employees who are Department police officers providing services under section 218 of this title. "(b) Increases in rates of basic pay may be made under subsection (a) only in order— "(1) to provide pay in an amount competitive with, but not exceeding, the amount of the same type of pay paid to the same category of personnel at non-Federal facilities in the same labor market; "(2) to achieve adequate staffing at particular facilities; or "(3) to recruit personnel with specialized skills, especially those with skills which are especially difficult or demanding. "(c) The amount of any increase under subsection (a) in the maximum rate for any grade may not (except in the case of nurse anesthetists and licensed physical therapists) exceed the amount by which the maximum for such grade (under applicable provisions of law other than this subsection) exceeds the minimum for such grade (under applicable provisions of law other than this subsection), and the maximum rate as so increased may not exceed the rate paid for individuals serving as Assistant Chief Medical Director. "(d)(1) In the exercise of the authority provided in subsection (a) President, with respect to personnel described in subparagraph (B) or (C) of paragraph (2) of that subsection to increase the rates of basic pay for any category of personnel not appointed under subchapter I, the Secretary shall, not less than 45 days before the effective date of a proposed increase, notify the President of the Secretary's intention to provide such an increase. "(2) Such a proposed increase shall not take effect if, before the effective date of the proposed increase, the President disapproves such increase and provides the appropriate committees of the Congress with a written statement of the President's reasons for such disapproval. "(3) If, before that effective date, the President approves such increase, the Secretary may advance the effective date to any date not earlier than the date of the President's approval. "§ 7456. Nurses: special rules for weekend duty "(a) Subject to subsection (b), if the Secretary determines it to be necessary in order to obtain or retain the services of nurses at any Department health-care facility, the Secretary may provide, in the case of nurses appointed under this chapter and employed at such facility, that such nurses who work two regularly scheduled 12-hour tours of duty within the period commencing at midnight Friday and ending at midnight the following Sunday shall be considered for all purposes (except computation of full-time equivalent employees for the purposes of determining compliance with personnel ceilings) to have worked a full 40-hour basic workweek. "(b)(1) Basic and additional pay for a nurse who is considered under subsection (a) to have worked a full 40-hour basic workweek shall be subject to paragraphs (2) and (3).