Page:United States Statutes at Large Volume 124.djvu/1198

124 STAT. 1172 PUBLIC LAW 111–163—MAY 5, 2010 Sunday, shall receive additional pay in addition to the rate of basic pay provided such employees for each hour of service on such tour at a rate equal to 25 percent of such employee’s hourly rate of basic pay.’’. (l) ENHANCED AUTHORITY TO INCREASE RATES OF BASIC PAY TO OBTAIN OR RETAIN SERVICES OF CERTAIN PERSONS.—Section 7455(c) is amended to read as follows: ‘‘(c)(1) Subject to paragraph (2), the amount of any increase under subsection (a) in the minimum rate for any grade may not (except in the case of nurse anesthetists, licensed practical nurses, licensed vocational nurses, nursing positions otherwise cov- ered by title 5, pharmacists, and licensed physical therapists) exceed the maximum rate of basic pay (excluding any locality-based com- parability payment under section 5304 of title 5 or similar provision of law) for the grade or level by more than 30 percent. ‘‘(2) No rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule.’’. SEC. 602. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, AND ALTERNATIVE WORK SCHEDULES FOR NURSES. (a) OVERTIME DUTY.— (1) IN GENERAL.—Subchapter IV of chapter 74 is amended by adding at the end the following new section: ‘‘§ 7459. Nursing staff: special rules for overtime duty ‘‘(a) LIMITATION.—Except as provided in subsection (c), the Sec- retary may not require nursing staff to work more than 40 hours (or 24 hours if such staff is covered under section 7456 of this title) in an administrative work week or more than eight consecutive hours (or 12 hours if such staff is covered under section 7456 or 7456A of this title). ‘‘(b) VOLUNTARY OVERTIME.—(1) Nursing staff may on a vol- untary basis elect to work hours otherwise prohibited by subsection (a). ‘‘(2) The refusal of nursing staff to work hours prohibited by subsection (a) shall not be grounds— ‘‘(A) to discriminate (within the meaning of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a))) against the staff; ‘‘(B) to dismiss or discharge the staff; or ‘‘(C) for any other adverse personnel action against the staff. ‘‘(c) OVERTIME UNDER EMERGENCY CIRCUMSTANCES.—(1) Sub- ject to paragraph (2), the Secretary may require nursing staff to work hours otherwise prohibited by subsection (a) if— ‘‘(A) the work is a consequence of an emergency that could not have been reasonably anticipated; ‘‘(B) the emergency is non-recurring and is not caused by or aggravated by the inattention of the Secretary or lack of reasonable contingency planning by the Secretary; ‘‘(C) the Secretary has exhausted all good faith, reasonable attempts to obtain voluntary workers; ‘‘(D) the nurse staff have critical skills and expertise that are required for the work; and