A bill to amend the Livestock Mandatory Price Reporting Act of 1999 to modify the termination date for mandatory price reporting.
PL 108-444 (S.2965), enacted 12/03/2004

118 STAT. 2635
PUBLIC LAW 108–444—DEC. 3, 2004
LEGISLATIVE HISTORY—S. 2965:
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 8, considered and passed Senate.
Nov. 17, considered and passed House.
Public Law 108–444
108th Congress
An Act
To amend the Livestock Mandatory Price Reporting Act of 1999 to modify the
termination date for mandatory price reporting.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION.
Section 942 of the Livestock Mandatory Price Reporting Act
of 1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by
striking ‘‘terminate’’ and all that follows and inserting ‘‘terminate
on September 30, 2005.’’.
Approved December 3, 2004.
Dec. 3, 2004
[S. 2965]
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118 STAT. 2636
PUBLIC LAW 108–445—DEC. 3, 2004
Public Law 108–445
108th Congress
An Act
To amend title 38, United States Code, to simplify and improve pay provisions
for physicians and dentists and to authorize alternate work schedules and execu-
tive pay for nurses, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Veterans Affairs
Health Care Personnel Enhancement Act of 2004’’.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment is expressed in terms of an amendment to a section
or other provision, the reference shall be considered to be made
to a section or other provision of title 38, United States Code.
SEC. 3. SIMPLIFICATION AND IMPROVEMENT OF GRADE AND PAY
PROVISIONS FOR PHYSICIANS AND DENTISTS.
(a) SIMPLIFICATION OF GRADES AND GRADE REQUIREMENTS.—
(1) Subsection (b) of section 7404 is amended—
(A) by striking ‘‘(1)’’ after ‘‘(b)’’;
(B) in the Physician and Dentist Schedule, by striking
the items relating to the grades and inserting the following:
‘‘Physician grade.
‘‘Dentist grade.’’; and
(C) by striking paragraph (2).
(2) Subsection (a) of such section is amended by adding at
the end the following: ‘‘The pay of physicians and dentists serving
in positions to which an Executive order applies under the preceding
sentence shall be determined under subchapter III of this chapter
instead of such Executive order.’’.
(b) SIMPLIFICATION AND IMPROVEMENT OF PAY AUTHORITIES.—
Subchapter III of chapter 74 is amended to read as follows:
‘‘SUBCHAPTER III—PAY FOR PHYSICIANS AND DENTISTS
‘‘§ 7431. Pay
‘‘(a) ELEMENTS
OF PAY.—Pay of physicians and dentists in
the Veterans Health Administration shall consist of three elements
as follows:
‘‘(1) Base pay as provided for under subsection (b).
‘‘(2) Market pay as provided for under subsection (c).
‘‘(3) Performance pay as provided under subsection (d).
38 USC 101 note.
Department of
Veterans Affairs
Health Care
Personnel
Enhancement
Act of 2004.
Dec. 3, 2004
[S. 2484]
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118 STAT. 2637
PUBLIC LAW 108–445—DEC. 3, 2004
‘‘(b) BASE PAY.—One element of pay for physicians and dentists
shall be base pay. Base pay shall meet the following requirements:
‘‘(1) Each physician and dentist is entitled to base pay
determined under the Physician and Dentist Base and Lon-
gevity Pay Schedule.
‘‘(2) The Physician and Dentist Base and Longevity Pay
Schedule is composed of 15 rates of base pay designated, from
the lowest rate of pay to the highest rate of pay, as base
pay steps 1 through 15.
‘‘(3) The rate of base pay payable to a physician or dentist
is based on the total number of the years of the service of
the physician or dentist in the Veterans Health Administration
as follows:
‘‘For a physician or dentist
The rate of
base pay is
with total service of:
the rate
payable for:
two years or less ...............................................................................
step 1
more than 2 years and not more than 4 years ..............................
step 2
more than 4 years and not more than 6 years ..............................
step 3
more than 6 years and not more than 8 years ..............................
step 4
more than 8 years and not more than 10 years ............................
step 5
more than 10 years and not more than 12 years ..........................
step 6
more than 12 years and not more than 14 years ..........................
step 7
more than 14 years and not more than 16 years ..........................
step 8
more than 16 years and not more than 18 years ..........................
step 9
more than 18 years and not more than 20 years ..........................
step 10
more than 20 years and not more than 22 years ..........................
step 11
more than 22 years and not more than 24 years ..........................
step 12
more than 24 years and not more than 26 years ..........................
step 13
more than 26 years and not more than 28 years ..........................
step 14
more than 28 years ..........................................................................
step 15.
‘‘(4) At the same time as rates of basic pay are increased
for a year under section 5303 of title 5, the Secretary shall
increase the amount of base pay payable under this subsection
for that year by a percentage equal to the percentage by which
rates of basic pay are increased under such section for that
year.
‘‘(c) MARKET PAY.—One element of pay for physicians and den-
tists shall be market pay. Market pay shall meet the following
requirements:
‘‘(1) Each physician and dentist is eligible for market pay.
‘‘(2) Market pay shall consist of pay intended to reflect
the recruitment and retention needs for the specialty or assign-
ment (as defined by the Secretary) of a particular physician
or dentist in a facility of the Department of Veterans Affairs.
‘‘(3) The annual amount of the market pay payable to
a physician or dentist shall be determined by the Secretary
on a case-by-case basis.
‘‘(4)(A) In determining the amount of market pay for physi-
cians or dentists, the Secretary shall consult two or more
national surveys of pay for physicians or dentists, as applicable,
whether prepared by private, public, or quasi-public entities
in order to make a general assessment of the range of pays
payable to physicians or dentists, as applicable.
‘‘(B)(i) In determining the amount of the market pay for
a particular physician or dentist under this subsection, and
in determining a tier (if any) to apply to a physician or dentist
under subsection (e)(1)(B), the Secretary shall consult with
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118 STAT. 2638
PUBLIC LAW 108–445—DEC. 3, 2004
and consider the recommendations of an appropriate panel
or board composed of physicians or dentists (as applicable).
‘‘(ii) A physician or dentist may not be a member of the
panel or board that makes recommendations under clause (i)
with respect to the market pay of such physician or dentist,
as the case may be.
‘‘(iii) The Secretary should, to the extent practicable, ensure
that a panel or board consulted under this subparagraph
includes physicians or dentists (as applicable) who are prac-
ticing clinicians and who do not hold management positions
in the medical facility of the Department at which the physician
or dentist subject to the consultation is employed.
‘‘(5) The determination of the amount of market pay of
a physician or dentist shall take into account—
‘‘(A) the level of experience of the physician or dentist
in the specialty or assignment of the physician or dentist;
‘‘(B) the need for the specialty or assignment of the
physician or dentist at the medical facility of the Depart-
ment concerned;
‘‘(C) the health care labor market for the specialty
or assignment of the physician or dentist, which may cover
any geographic area the Secretary considers appropriate
for the specialty or assignment;
‘‘(D) the board certifications, if any, of the physician
or dentist;
‘‘(E) the prior experience, if any, of the physician or
dentist as an employee of the Veterans Health Administra-
tion; and
‘‘(F) such other considerations as the Secretary con-
siders appropriate.
‘‘(6) The amount of market pay of a physician or dentist
shall be evaluated by the Secretary not less often than once
every 24 months. The amount of market pay may be adjusted
as the result of an evaluation under this paragraph. A physician
or dentist whose market pay is evaluated under this paragraph
shall receive written notice of the results of such evaluation
in accordance with procedures prescribed under section 7433
of this title.
‘‘(7) No adjustment of the amount of market pay of a
physician or dentist under paragraph (6) may result in a reduc-
tion of the amount of market pay of the physician or dentist
while in the same position or assignment at the medical facility
of the Department concerned.
‘‘(d) PERFORMANCE PAY.—(1) One element of pay for physicians
and dentists shall be performance pay.
‘‘(2) Performance pay shall be paid to a physician or dentist
on the basis of the physician’s or dentist’s achievement of specific
goals and performance objectives prescribed by the Secretary.
‘‘(3) The Secretary shall ensure that each physician and dentist
of the Department is advised of the specific goals or objectives
that are to be measured by the Secretary in determining the eligi-
bility of that physician or dentist for performance pay.
‘‘(4) The amount of the performance pay payable to a physician
or dentist may vary annually on the basis of individual achievement
or attainment of the goals or objectives applicable to the physician
or dentist under paragraph (2).
Notice.
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118 STAT. 2639
PUBLIC LAW 108–445—DEC. 3, 2004
‘‘(5) The amount of performance pay payable to a physician
or dentist in a fiscal year shall be determined in accordance with
regulations prescribed by the Secretary, but may not exceed the
lower of—
‘‘(A) $15,000; or
‘‘(B) the amount equal to 7.5 percent of the sum of the
base pay and the market pay payable to such physician or
dentist in that fiscal year.
‘‘(6) A failure to meet goals or objectives applicable to a physi-
cian or dentist under paragraph (2) may not be the sole basis
for an adverse personnel action against that physician or dentist.
‘‘(e) REQUIREMENTS AND LIMITATIONS ON TOTAL PAY.—(1)(A)
Not less often than once every two years, the Secretary shall pre-
scribe for Department-wide applicability the minimum and max-
imum amounts of annual pay that may be paid under this section
to physicians and the minimum and maximum amounts of annual
pay that may be paid under this section to dentists.
‘‘(B) The Secretary may prescribe for Department-wide applica-
bility under this paragraph separate minimum and maximum
amounts of pay for a specialty or assignment. If the Secretary
prescribes separate minimum and maximum amounts for a specialty
or assignment, the Secretary may establish up to four tiers of
minimum and maximum amounts for such specialty or assignment
and prescribe for each tier a minimum amount and a maximum
amount that the Secretary determines appropriate for the profes-
sional responsibilities, professional achievements, and administra-
tive duties of the physicians or dentists (as the case may be)
whose pay is set within that tier.
‘‘(C) Amounts prescribed under this paragraph shall be pub-
lished in the Federal Register, and shall not take effect until at
least 60 days after the date of publication.
‘‘(2) Except as provided in paragraph (3) and subject to para-
graph (4), the sum of the total amount of the annual rate of
base pay payable to a physician or dentist under subsection (b)
and the market pay determined for the physician or dentist under
subsection (c) may not be less than the minimum amount, nor
more than the maximum amount, applicable to specialty or assign-
ment of the physician or dentist under paragraph (1).
‘‘(3) The sum of the total amount of the annual rate of base
pay payable to a physician or dentist under subsection (b) and
the market pay determined for the physician or dentist under
subsection (c) may exceed the maximum amount applicable to the
specialty or assignment of the physician or dentist under paragraph
(1) as a result of an adjustment under paragraph (3) or (4) of
subsection (b).
‘‘(4) In no case may the total amount of compensation paid
to a physician or dentist under this title in any year exceed the
amount of annual compensation (excluding expenses) specified in
section 102 of title 3.
‘‘(f) TREATMENT OF PAY.—Pay under subsections (b) and (c)
of this section shall be considered pay for all purposes, including
retirement benefits under chapters 83 and 84 of title 5 and other
benefits.
‘‘(g) ANCILLARY EFFECTS OF DECREASES IN PAY.—(1) A decrease
in pay of a physician or dentist resulting from an adjustment
in the amount of market pay of the physician or dentist under
subsection (c) shall not be treated as an adverse action.
Federal Register,
publication.
Effective date.
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118 STAT. 2640
PUBLIC LAW 108–445—DEC. 3, 2004
‘‘(2) If the pay of a physician or dentist is reduced under
this subchapter as a result of an involuntary reassignment in
connection with a disciplinary action taken against the physician
or dentist, the involuntary reassignment shall be subject to appeal
under subchapter V of this chapter.
‘‘(h) DELEGATION
OF RESPONSIBILITIES.—The Secretary may
delegate to an appropriate officer or employee of the Department
any responsibility of the Secretary under subsection (c), (d), or
(e) except for the responsibilities of the Secretary under subsection
(e)(1).
‘‘§ 7432. Pay of Under Secretary for Health
‘‘(a) BASE PAY.—The base pay of the Under Secretary for Health
shall be the annual rate of basic pay for positions at Level III
of the Executive Schedule under section 5314 of title 5.
‘‘(b) MARKET PAY.—(1) In the case of an Under Secretary for
Health who is also a physician or dentist, in addition to the base
pay specified in subsection (a) the Under Secretary for Health
may also be paid the market pay element of pay of physicians
and dentists under section 7431(c) of this title.
‘‘(2) The amount of market pay of the Under Secretary for
Health under this subsection shall be established by the Secretary.
‘‘(3) In establishing the amount of market pay of the Under
Secretary for Health under this subsection, the Secretary shall
utilize an appropriate health care labor market selected by the
Secretary for purposes of this subsection.
‘‘(c) TREATMENT OF PAY.—Pay under this section shall be consid-
ered pay for all purposes, including retirement benefits under chap-
ters 83 and 84 of title 5 and other benefits.
‘‘§ 7433. Administrative matters
‘‘(a) REGULATIONS.—(1) The Secretary shall prescribe regula-
tions relating to the pay of physicians and dentists in the Veterans
Health Administration under this subchapter.
‘‘(2) In prescribing the regulations, the Secretary shall take
into account the recommendations of the Under Secretary for Health
on the administration of this subchapter. In formulating rec-
ommendations for the purpose of this paragraph, the Under Sec-
retary shall request the views of representatives of labor organiza-
tions that are exclusive representatives of physicians and dentists
of the Department and the views of representatives of professional
organizations of physicians and dentists of the Department.
‘‘(b) REPORTS.—(1) Not later than 18 months after the Secretary
prescribes the regulations required by subsection (a), and annually
thereafter for the next 5 years, the Secretary shall submit to the
Committees on Veterans’ Affairs of the Senate and House of Rep-
resentatives a report on the pay of physicians and dentists in
the Veterans Health Administration under this subchapter.
‘‘(2) Each report under this subsection shall include the fol-
lowing:
‘‘(A) A description of the rates of pay in effect during
the current fiscal year with a comparison to the rates in effect
during the fiscal year preceding the current fiscal year, set
forth by facility and by specialty.
‘‘(B) The number of physicians and dentists who left the
Veterans Health Administration during the preceding fiscal
year.
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118 STAT. 2641
PUBLIC LAW 108–445—DEC. 3, 2004
‘‘(C) The number of unfilled physician positions and dentist
positions in each specialty in the Veterans Health Administra-
tion, the average and maximum lengths of time that such
positions have been unfilled, and an assessment of the reasons
that such positions remain unfilled.
‘‘(D) An assessment of the impact of implementation of
this subchapter on efforts to recruit and retain physicians and
dentists in the Veterans Health Administration.
‘‘(3) The first two annual reports under this subsection shall
also include a comparison of staffing levels, contract expenditures,
and average salaries of physicians and dentists in the Veterans
Health Administration for the current fiscal year and for the fiscal
year preceding the current fiscal year, set forth by facility and
by specialty.’’.
(c) INITIAL RATES
OF BASE PAY
FOR PHYSICIANS
AND DEN-
TISTS.—The initial rates of base pay established for the base pay
steps under the Physician and Dentist Base and Longevity Pay
Schedule provided in section 7431(b) of title 38, United States
Code (as added by subsection (b)), are as follows:
Base Pay Step:
Rate of Pay:
1 .........................................................................................................
$90,000
2 .........................................................................................................
$93,000
3 .........................................................................................................
$96,000
4 .........................................................................................................
$99,000
5 .........................................................................................................
$102,000
6 .........................................................................................................
$105,000
7 .........................................................................................................
$108,000
8 .........................................................................................................
$111,000
9 .........................................................................................................
$114,000
10 .......................................................................................................
$117,000
11 .......................................................................................................
$120,000
12 .......................................................................................................
$123,000
13 .......................................................................................................
$126,000
14 .......................................................................................................
$129,000
15 .......................................................................................................
$132,000.
(d) EFFECTIVE DATE.—(1) Notwithstanding the 60-day waiting
requirement in section 7431(e)(1)(C) of title 38, United States Code
(as amended by subsection (b)), pay provided for a physician or
dentist under subchapter III of chapter 74 of such title, as amended
by subsection (b), shall take effect on the first day of the first
pay period applicable to such physician or dentist that begins on
or after January 1, 2006.
(2) Pay provided for the Under Secretary for Health under
subchapter III of chapter 74 of title 38, United States Code, as
amended by this section shall take effect on the first day of the
first pay period applicable to the Under Secretary that begins
on or after January 1, 2006.
(e) TRANSITION PROVISIONS.—
(1) PHYSICIANS AND DENTISTS.—
(A) PAY.—(i) The amount of the pay payable on and
after the date of the enactment of this Act to a physician
or dentist in receipt of pay under section 7404 or 7405
of title 38, United States Code, as of the day before such
date shall continue to be determined under such section
(as in effect on the day before such date) until the effective
date that is applicable under subsection (d) to such physi-
cian or dentist, as the case may be.
(ii) A physician or dentist appointed or reassigned on
or after the date of the enactment of this Act, but before
38 USC 7431
note.
38 USC 7431
note.
38 USC 7431
note.
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118 STAT. 2642
PUBLIC LAW 108–445—DEC. 3, 2004
the effective date applicable under subsection (d) to such
physician or dentist, shall be compensated in accordance
with applicable provisions of section 7404 or 7405 of title
38, United States Code (as in effect on the day before
date of the enactment of this Act), until such effective
date.
(B) SPECIAL PAY.—(i) A special pay agreement entered
into by a physician or dentist under subchapter III of
chapter 74 of title 38, United States Code, before the date
of the enactment of this Act shall terminate on the date
of the enactment of this Act. However, a physician or
dentist in receipt of special pay pursuant to such an agree-
ment on that date shall continue to receive special pay
under the terms of such agreement until the effective date
that is applicable under subsection (d) to such physician
or dentist.
(ii) A physician or dentist described in subparagraph
(A)(ii) may be paid special pay under applicable provisions
of section 7433, 7434, 7435, or 7436 of title 38, United
States Code (as in effect on the day before the date of
the enactment of this Act), during the period beginning
on the date of the appointment or reassignment of such
physician or dentist, as the case may be, and ending on
the effective date applicable under subsection (d) to such
physician or dentist. However, no special pay agreement
shall be required for the payment of special pay under
this clause.
(C) TREATMENT OF SPECIAL PAY.—(i) Special pay paid
under subparagraph (B) to a physician or dentist during
the period beginning on the date of the enactment of this
Act and ending on the effective date applicable under sub-
section (d) to such physician or dentist shall be subject
to the provisions of paragraphs (1), (2), (4), (5), and (6)
of section 7438(b) of title 38, United States Code (as in
effect on the day before the date of the enactment of this
Act).
(ii) Special pay paid to a physician or dentist under
section 7438 of title 38, United States Code (as in effect
on the day before the date of the enactment of this Act),
shall be fully creditable for purposes of computing benefits
under chapters 83 and 84 of title 5, United States Code.
(D) PRESERVATION OF PAY.—The amount of pay paid
to a physician or dentist after the effective date of this
Act shall not be less than the amount of pay paid to
such physician or dentist on the day before the effective
date of this Act while such physician or dentist remains
in the same position or assignment.
(2) UNDER SECRETARY FOR HEALTH.—
(A) SPECIAL PAY.—(i) The current special pay agree-
ment entered into by the Under Secretary for Health under
subchapters I and III of chapter 74 of title 38, United
States Code, before the date of the enactment of this Act
shall terminate on the date of the enactment of this Act.
However, the Under Secretary shall continue to receive
special pay under the terms of such agreement until the
effective date that is applicable under subsection (d) to
the Under Secretary.
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118 STAT. 2643
PUBLIC LAW 108–445—DEC. 3, 2004
(ii) An individual appointed as Under Secretary for
Health on or after the date of the enactment of this Act
and before the effective date applicable under subsection
(d) to the Under Secretary shall be paid special pay in
accordance with the provisions of sections 7432(d)(2) and
7433 of title 38, United States Code (as in effect on the
day before the date of the enactment of this Act), during
the period beginning on the date of appointment and ending
on such effective date. However, no special pay agreement
shall be required for the payment of special pay under
this clause.
(B) TREATMENT
OF
SPECIAL
PAY.—Special pay paid
under subparagraph (A) during the period beginning on
the date of the enactment of this Act and ending on the
effective date applicable under subsection (d) to the Under
Secretary—
(i) shall be subject to the provisions of paragraphs
(1), (2), (4), (5), and (6) of section 7438(b) of title
38, United States Code (as in effect on the day before
the date of the enactment of this Act); and
(ii) shall be fully creditable for purposes of com-
puting benefits under chapters 83 and 84 of title 5,
United States Code.
(f) CONFORMING AMENDMENTS.—Section 7404 is amended—
(1) in subsection (c), by striking ‘‘special pay’’ and inserting
‘‘pay’’; and
(2) in subsection (d), by striking ‘‘pay may not be paid’’
and all that follows and inserting ‘‘pay for positions for which
basic pay is paid under this section may not be paid at a
rate in excess of the rate of basic pay authorized by section
5316 of title 5 for positions in Level V of the Executive
Schedule.’’.
(g) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 74 is amended by striking the items relating to
subchapter III and inserting the following new items:
‘‘SUBCHAPTER III—PAY FOR PHYSICIANS AND DENTISTS
‘‘Sec. 7431. Pay.
‘‘Sec. 7432. Pay of Under Secretary for Health.
‘‘Sec. 7433. Administrative matters.’’.
SEC. 4. ALTERNATE WORK SCHEDULES FOR REGISTERED NURSES.
(a) IN GENERAL.—(1) Chapter 74 is amended by inserting after
section 7456 the following new section:
‘‘§ 7456A. Nurses: alternate work schedules
‘‘(a) APPLICABILITY.—This section applies to registered nurses
appointed under this chapter.
‘‘(b) 36/40 WORK SCHEDULE.—(1)(A) Subject to paragraph (2),
if the Secretary determines it to be necessary in order to obtain
or retain the services of registered nurses at any Department
health-care facility, the Secretary may provide, in the case of nurses
employed at such facility, that such nurses who work three regularly
scheduled 12-hour tours of duty within a work week shall be consid-
ered for all purposes to have worked a full 40-hour basic work
week.
‘‘(B) A nurse who works under the authority in subparagraph
(A) shall be considered a 0.90 full-time equivalent employee in
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118 STAT. 2644
PUBLIC LAW 108–445—DEC. 3, 2004
computing full-time equivalent employees for the purposes of deter-
mining compliance with personnel ceilings.
‘‘(2)(A) Basic and additional pay for a nurse who is considered
under paragraph (1) to have worked a full 40-hour basic work
week shall be subject to subparagraphs (B) and (C).
‘‘(B) The hourly rate of basic pay for a nurse covered by this
paragraph for service performed as part of a regularly scheduled
36-hour tour of duty within the work week shall be derived by
dividing the nurse’s annual rate of basic pay by 1,872.
‘‘(C) The Secretary shall pay overtime pay to a nurse covered
by this paragraph who—
‘‘(i) performs a period of service in excess of such nurse’s
regularly scheduled 36-hour tour of duty within an administra-
tive work week;
‘‘(ii) for officially ordered or approved service, performs
a period of service in excess of 8 hours on a day other than
a day on which such nurse’s regularly scheduled 12-hour tour
of duty falls;
‘‘(iii) performs a period of service in excess of 12 hours
for any day included in the regularly scheduled 36-hour tour
of duty work week; or
‘‘(iv) performs a period of service in excess of 40 hours
during an administrative work week.
‘‘(D) The Secretary may provide a nurse to whom this subsection
applies with additional pay under section 7453 of this title for
any period included in a regularly scheduled 12-hour tour of duty.
‘‘(3) A nurse who works a work schedule described in this
subsection who is absent on approved sick leave or annual leave
during a regularly scheduled 12-hour tour of duty shall be charged
for such leave at a rate of ten hours of leave for every nine
hours of absence.
‘‘(c) HOLIDAY PAY.—A nurse working a work schedule under
subsection (b) that includes a holiday designated by law or Execu-
tive order shall be eligible for holiday pay under section 7453(d)
of this title for any service performed by the nurse on such holiday
under such section.
‘‘(d) 9-MONTH WORK SCHEDULE FOR CERTAIN NURSES.—(1) The
Secretary may authorize a registered nurse appointed under section
7405 of this title, with the nurse’s written consent, to work full
time for nine months with 3 months off duty, within a fiscal year,
and be paid at 75 percent of the full-time rate for such nurse’s
grade for each pay period of such fiscal year.
‘‘(2) A nurse who works under the authority in paragraph
(1) shall be considered a 0.75 full-time equivalent employee in
computing full-time equivalent employees for the purposes of deter-
mining compliance with personnel ceilings.
‘‘(3) Work under this subsection shall be considered part-time
service for purposes of computing benefits under chapters 83 and
84 of title 5.
‘‘(4) A nurse who works under the authority in paragraph
(1) shall be considered a full-time employee for purposes of chapter
89 of title 5.
‘‘(e) NOTIFICATION OF MODIFICATION OF BENEFITS.—The Sec-
retary shall provide each employee with respect to whom an alter-
nate work schedule under this section may apply written notice
of the effect, if any, that the alternate work schedule will have
on the employee’s health care premium, retirement, life insurance
Overtime pay.
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premium, probationary status, or other benefit or condition of
employment. The notice shall be provided not later than 14 days
before the employee consents to the alternate work schedule.
‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations
to carry out this section.’’.
(2) The table of sections at the beginning of chapter 74 is
amended by inserting after the item relating to section 7456 the
following new item:
‘‘Sec. 7456A. Nurses: alternate work schedules.’’.
(b) POLICY AGAINST CERTAIN WORK HOURS.—(1) It is the sense
of Congress to encourage the Secretary of Veterans Affairs to pre-
vent work hours by nurses providing direct patient care in excess
of 12 consecutive hours or in excess of 60 hours in any 7-day
period, except in the case of nurses providing emergency care.
(2) Not later than one year after the date of the enactment
of this Act and every year thereafter for the next two years, the
Secretary shall certify to Congress whether or not each Veterans
Health Administration facility has in place, as of the date of such
certification, a policy designed to prevent work hours by nurses
providing direct patient care (other than nurses providing emer-
gency care) in excess of 12 consecutive hours or in excess of 60
hours in any 7-day period.
SEC. 5. NURSE EXECUTIVE SPECIAL PAY.
Section 7452 is amended by adding at the end the following
new subsection:
‘‘(g)(1) In order to recruit and retain highly qualified Depart-
ment nurse executives, the Secretary may, in accordance with regu-
lations prescribed by the Secretary, pay special pay to the nurse
executive at each location as follows:
‘‘(A) Each Department health care facility.
‘‘(B) The Central Office.
‘‘(2) The amount of special pay paid to a nurse executive under
paragraph (1) shall be not less than $10,000 or more than $25,000.
‘‘(3) The amount of special pay paid to a nurse executive under
paragraph (1) shall be based on factors such as the grade of the
nurse executive position, the scope and complexity of the nurse
executive position, the personal qualifications of the nurse executive,
the characteristics of the health care facility concerned, the nature
and number of specialty care units at the health care facility con-
cerned, demonstrated difficulties in recruitment and retention of
nurse executives at the health care facility concerned, and such
other factors as the Secretary considers appropriate.
‘‘(4) Special pay paid to a nurse executive under paragraph
(1) shall be in addition to any other pay (including basic pay)
and allowances to which the nurse executive is entitled, and shall
be considered pay for all purposes, including retirement benefits
under chapters 83 and 84 of title 5, and other benefits, but shall
Deadline.
Certification.
Deadline.
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LEGISLATIVE HISTORY—S. 2484:
SENATE REPORTS: No. 108–357 (Comm. on Veterans’ Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 5, considered and passed Senate.
Nov. 17, considered and passed House.
not be considered basic pay for purposes of adverse actions under
subchapter V of this chapter.’’.
Approved December 3, 2004.
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