38 U.S.C. § 7454 — Physician assistants and other health care

Page 1250 TITLE 38—VETERANS’ BENEFITS § 7454 formed by a nurse on such a designated holiday shall be deemed to be a minimum of two hours in duration. (e)(1) A nurse performing officially ordered or approved hours of service in excess of 40 hours in an administrative workweek, or in excess of eight consecutive hours, shall receive overtime pay for each hour of such additional service. The overtime rates shall be one and one-half times such nurse’s hourly rate of basic pay. (2) For the purposes of this subsection, over- time must be of at least 15 minutes duration in a day to be creditable for overtime pay. (3) Compensatory time off in lieu of pay for service performed under the provisions of this subsection shall not be permitted, except as vol- untarily requested in writing by the nurse in question. (4) Any excess service performed under this subsection on a day when service was not sched- uled for such nurse, or for which such nurse is required to return to the nurse’s place of em- ployment, shall be deemed to be a minimum of two hours in duration. (5) For the purposes of this subsection, the pe- riod of a nurse’s officially ordered or approved travel away from such nurse’s duty station may not be considered to be hours of service unless— (A) such travel occurs during such nurse’s period of service; or (B) such travel— (i) involves the performance of services while traveling, (ii) is incident to travel that involves the performance of services while traveling, (iii) is carried out under arduous condi- tions as determined by the Secretary, or (iv) results from an event which could not be scheduled or controlled administratively. (f) For the purpose of computing the addi- tional pay provided by subsection (b), (c), (d), or (e), a nurse’s hourly rate of basic pay shall be derived by dividing such nurse’s annual rate of basic pay by 2,080. (g) When a nurse is entitled to two or more forms of additional pay under subsection (b), (c), (d), or (e) for the same period of service, the amounts of such additional pay shall be com- puted separately on the basis of such nurse’s hourly rate of basic pay, except that no over- time pay as provided in subsection (e) shall be payable for overtime service performed on a hol- iday designated by Federal statute or Executive order in addition to pay received under sub- section (d) for such service. (h) A nurse who is officially scheduled to be on call outside such nurse’s regular hours or on a holiday designated by Federal statute or Execu- tive order shall be paid for each hour of such on- call duty, except for such time as such nurse may be called back to work, at a rate equal to 10 percent of the hourly rate for excess service as provided in subsection (e). (i) Any additional pay paid pursuant to this section shall not be considered as basic pay for the purposes of the following provisions of title 5 (and any other provision of law relating to benefits based on basic pay): (1) Subchapter VI of chapter 55. (2) Section 5595. (3) Chapters 81, 83, 84, and 87. (j)(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary may increase the rates of additional pay author- ized under subsections (b) through (h) if the Sec- retary 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 ad- ditional 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 Depart- ment health-care facility (based upon a rea- sonably 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 geo- graphic area involved). (Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 232; amended Pub. L. 103–446, title XII, § 1201(e)(24), (g)(6), Nov. 2, 1994, 108 Stat. 4686, 4687; Pub. L. 111–163, title VI, § 601(k)(1), May 5, 2010, 124 Stat. 1171.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4107(e) of this title prior to the repeal of that section as part of the complete revision of chap- ter 73 of this title by Pub. L. 102–40. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–163, § 601(k)(1)(A), sub- stituted ‘‘a full-time nurse or part-time nurse’’ for ‘‘a nurse’’. Subsec. (b). Pub. L. 111–163, § 601(k)(1)(B), struck out ‘‘on a tour of duty’’ after ‘‘performing service’’ and sub- stituted ‘‘hour of such service’’ for ‘‘hour of service on such tour’’, ‘‘at least four hours of such service’’ for ‘‘at least four hours of such tour’’, and ‘‘less than four hours of such service’’ for ‘‘less than four hours of such tour’’. Subsec. (c). Pub. L. 111–163, § 601(k)(1)(C), struck out ‘‘on a tour of duty’’ after ‘‘performing service’’ and sub- stituted ‘‘such service’’ for ‘‘service on such tour’’. Subsec. (e)(1). Pub. L. 111–163, § 601(k)(1)(D)(i), sub- stituted ‘‘eight consecutive hours’’ for ‘‘eight hours in a day’’. Subsec. (e)(5)(A). Pub. L. 111–163, § 601(k)(1)(D)(ii), sub- stituted ‘‘period of service’’ for ‘‘tour of duty’’. 1994—Subsecs. (f), (g). Pub. L. 103–446, § 1201(e)(24), substituted ‘‘subsection (b), (c), (d), or (e)’’ for ‘‘sub- sections (b), (c), (d), or (e)’’. Subsec. (i)(3). Pub. L. 103–446, § 1201(g)(6), struck out ‘‘of title 5’’ before period at end. § 7454. Physician assistants and other health care professionals: additional pay (a) Physician assistants and expanded-func- tion dental auxiliaries shall be entitled to addi- tional pay on the same basis as provided for nurses in section 7453 of this title. (b)(1) When the Secretary determines it to be necessary in order to obtain or retain the serv- Page 1251 TITLE 38—VETERANS’ BENEFITS § 7455 1 See References in Text note below. ices of individuals in positions listed in section 7401(3) of this title, the Secretary may, on a na- tionwide, 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. (2) Health care professionals employed in posi- tions referred to in paragraph (1) shall be enti- tled to additional pay on the same basis as pro- vided for nurses in section 7453(c) of this title. (3) Employees appointed under section 7408 of this title performing service on a tour of duty, any part of which is within the period com- mencing at midnight Friday and ending at mid- night Sunday, shall receive additional pay in ad- dition to the rate of basic pay provided such em- ployees for each hour of service on such tour at a rate equal to 25 percent of such employee’s hourly rate of basic pay. (c) The Secretary shall prescribe by regulation standards for compensation and payment under this section. (Added Pub. L. 102–40, title IV, § 401(b)(4), May 7, 1991, 105 Stat. 234; amended Pub. L. 107–135, title I, § 121(a), Jan. 23, 2002, 115 Stat. 2450; Pub. L. 108–170, title III, §§ 301(d), 303(a), Dec. 6, 2003, 117 Stat. 2057, 2058; Pub. L. 111–163, title VI, § 601(k)(2), May 5, 2010, 124 Stat. 1171.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 4107(f) of this title prior to the repeal of that section as part of the complete revision of chap- ter 73 of this title by Pub. L. 102–40. AMENDMENTS 2010—Subsec. (b)(3). Pub. L. 111–163 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Employees appointed under section 7408 of this title shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.’’ 2003—Subsec. (b)(1). Pub. L. 108–170, § 301(d), sub- stituted ‘‘individuals in positions listed in section 7401(3) of this title,’’ for ‘‘certified or registered res- piratory therapists, licensed physical therapists, li- censed practical or vocational nurses, pharmacists, or occupational therapists,’’. Subsec. (b)(3). Pub. L. 108–170, § 303(a), added par. (3). 2002—Subsec. (b). Pub. L. 107–135 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–170, title III, § 303(b), Dec. 6, 2003, 117 Stat. 2058, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect with respect to the first pay period beginning on or after January 1, 2004.’’ EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–135, title I, § 121(b), Jan. 23, 2002, 115 Stat. 2450, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to pay periods beginning on or after the date of the enactment of this Act [Jan. 23, 2002].’’ § 7455. Increases in rates of basic pay (a)(1) Subject to subsections (b), (c), and (d), when the Secretary determines it to be nec- essary in order to obtain or retain the services of persons described in paragraph (2), the Sec- retary may increase the minimum, inter- mediate, or maximum rates of basic pay author- ized 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 1 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); (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 vet- erans. (C) Employees who are Department police officers providing services under section 902 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)(1) Subject to paragraph (2), the amount of any increase under subsection (a) in the min- imum rate for any grade may not (except in the case of nurse anesthetists, licensed practical nurses, licensed vocational nurses, nursing posi- tions otherwise covered by title 5, pharmacists, and licensed physical therapists) exceed the maximum rate of basic pay (excluding any local- ity-based comparability payment under section 5304 of title 5 or similar provision of law) for the grade or level by more than 50 percent. (2) No rate may be established under this sec- tion in excess of the rate of basic pay payable for level II of the Executive Schedule. (3)(A) Notwithstanding section 5304 of title 5 or any other provision of law, but subject to the limitation under paragraph (2), pursuant to an increase under subsection (a), the Secretary