Page:United States Statutes at Large Volume 102 Part 1.djvu/554

 102 STAT. 516

PUBLIC LAW 100-322—MAY 20, 1988

(2) The table of sections a t the beginning of such chapter is amended by inserting after the item relating to section 4119 the following: "4210. Recruitment and retention bonus pay for nurses and certain other healthcare personnel.". (b) CONFORMING AMENDMENT.—Section 4107(d) is amended by

striking out "section 4118" and inserting in lieu thereof "sections 4118 and 4120". SEC. 213. ON-CALL PAY.

Section 4107 is amended by adding at the end the following new subsection: "(j)(1) The Administrator may pay an employee to whom this subsection applies pay at the rate provided in subsection (e)(8) of this section except for such time as the employee may be called back to work. "(2) This subsection applies to an employee who meets each of the following criteria: "(A) The employee is employed in a position listed in paragraph (3) of section 4104 of this title or meets the criteria specified in subclauses (i), (ii), and (iii) of subsection (g)(l)(B) of this section. "(B) The employee is employed in a work unit for which oncall premium pay is authorized. "(C) The employee is officially scheduled to be on call outside such employee's regular hours or on a holiday designated by Federal statute or Executive order. "(3) An employee who is eligible for on-call pay under paragraph (1) of this subsection and who was receiving standby premium pay pursuant to section 5545 of title 5 on the date of the enactment of this subsection shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of (A) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or (B) the rate of pay which such employee is entitled to receive including on-call premium pay described in paragraph (1) of this subsection.". SEC. 214. PREMIUM PAY FOR SATURDAY WORK. (a) EXTENSION OF SUNDAY WORK PREMIUM PAY.—Paragraph (3) of

section 4107(e) is amended by striking out "Saturday" and inserting in lieu thereof "Friday". (b) CONFORMING AMENDMENTS.—(1) Subparagraph (A) of paragraph (10) of such section is amended to read as follows: "(A) Notwithstanding any other provision of law and subject to subparagraph (B) of this paragraph, the Administrator may increase the rates of additional pay authorized under paragraphs (2) through (8) of this subsection if the Administrator determines that it is necessary to do so in order to obtain or retain the services of nurses.". (2) Such paragraph is further amended— (A) in subparagraph (B), by striking out "subparagraph (A)(i)" and inserting in lieu thereof "subparagraph (A)"; and (B) by striking out subparagraph (C).

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