Page:United States Statutes at Large Volume 124.djvu/1196

 124 STAT. 1170 PUBLIC LAW 111–163—MAY 5, 2010 ‘‘(B) The scope and complexity of the position of the indi- vidual. ‘‘(C) The personal qualifications of the individual. ‘‘(D) The characteristics of the labor market concerned. ‘‘(E) Such other factors as the Secretary considers appro- priate. ‘‘(3) Special incentive pay under paragraph (1) for an individual is in addition to all other pay (including basic pay) and allowances to which the individual is entitled. ‘‘(4) Except as provided in paragraph (5), special incentive pay under paragraph (1) for an individual shall be considered basic pay for all purposes, including retirement benefits under chapters 83 and 84 of title 5, and other benefits. ‘‘(5) Special incentive pay under paragraph (1) for an individual shall not be considered basic pay for purposes of adverse actions under subchapter V of this chapter. ‘‘(6) Special incentive pay under paragraph (1) may not be awarded to an individual in an amount that would result in an aggregate amount of pay (including bonuses and awards) received by such individual in a year under this title that is greater than the annual pay of the President.’’. (f) PAY FOR PHYSICIANS AND DENTISTS.— (1) NON-FOREIGN COST OF LIVING ADJUSTMENT ALLOW- ANCE.—Section 7431(b) is amended by adding at the end the following new paragraph: ‘‘(5) The non-foreign cost of living adjustment allowance authorized under section 5941 of title 5 for physicians and dentists whose pay is set under this section shall be determined as a percentage of base pay only.’’. (2) MARKET PAY DETERMINATIONS FOR PHYSICIANS AND DEN- TISTS IN ADMINISTRATIVE OR EXECUTIVE LEADERSHIP POSI- TIONS.—Section 7431(c)(4)(B)(i) is amended by adding at the end the following: ‘‘The Secretary may exempt physicians and dentists occupying administrative or executive leadership posi- tions from the requirements of the previous sentence.’’. (3) EXCEPTION TO PROHIBITION ON REDUCTION OF MARKET PAY.—Section 7431(c)(7) is amended by striking ‘‘concerned.’’ and inserting ‘‘concerned, unless there is a change in board certification or reduction of privileges.’’. (g) ADJUSTMENT OF PAY CAP FOR NURSES.—Section 7451(c)(2) is amended by striking ‘‘level V’’ and inserting ‘‘level IV’’. (h) EXEMPTION FOR CERTIFIED REGISTERED NURSE ANES- THETISTS FROM LIMITATION ON AUTHORIZED COMPETITIVE PAY.— Section 7451(c)(2) is further amended by adding at the end the following new sentence: ‘‘The maximum rate of basic pay for a grade for the position of certified registered nurse anesthetist pursu- ant to an adjustment under subsection (d) may exceed the maximum rate otherwise provided in the preceding sentence.’’. (i) INCREASED LIMITATION ON SPECIAL PAY FOR NURSE EXECU- TIVES.—Section 7452(g)(2) is amended by striking ‘‘$25,000’’ and inserting ‘‘$100,000’’. (j) LOCALITY PAY SCALE COMPUTATIONS.— (1) EDUCATION, TRAINING, AND SUPPORT FOR FACILITY DIREC- TORS IN WAGE SURVEYS.—Section 7451(d)(3) is amended by adding at the end the following new subparagraph: ‘‘(F) The Under Secretary for Health shall provide appropriate education, training, and support to directors of Department health