Page:United States Statutes at Large Volume 118.djvu/2675

 118 STAT. 2645 PUBLIC LAW 108–445—DEC. 3, 2004 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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