Page:United States Statutes at Large Volume 94 Part 1.djvu/1087

 PUBLIC LAW 96-330—AUG. 26, 1980

94 STAT. 1037

"(3) Notwithstanding the provisions of section 4101(e) of this title, ^"^«' P 1036. any person to whom paragraph (1) of this subsection applies shall be deemed to be a career appointee for the purposes of section 4507 of title 5.". PART B—MISCELLANEOUS IMPROVEMENTS IN PERSONNEL ADMINISTRATION RATES OF PAY FOR TRAVEL AND OVERTIME FOR NURSES

SEC. 111. Section 4107(e) is amended— 38 USC 4107. (1) by adding at the end of paragraph (5) the following new sentence: "For the purposes of this paragraph, the period 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 tour of duty; 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 conditions as determined by the Administrator, or (iv) results from an event which could not be scheduled or controlled administratively."; (2) by inserting "or on a holiday designated by Federal statute or Executive order" in paragraph (8) after "regular hours"; and (3) by adding at the end the following new paragraph: "(10) Notwithstanding any other provision of law, if the Administrator determines it to be necessary in order to obtain or retain the services of nurses entitled to additional pay under this subsection, the Administrator may increase the amount of additional pay authorized under this subsection to be paid to nurses at any specific Veterans' Administration health-care facility in order to provide additional 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 nonFederal health-care facilities in the same geographic area as such Veterans' Administration health-care facility (as determined by a reasonably representative sampling of such non-Federal facilities).". ADMINISTRATIVE ADJUSTMENTS IN RATES OF BASIC PAY

SEC. 112. Section 4107 is amended by adding at the end the following new subsection: "(g)(1) Notwithstanding any other provision of law but subject to paragraphs (2), (3), and (4) of this subsection, when the Administrator determines it to be necessary in order to obtain or retain the services— "(A) of physicians, dentists, podiatrists, optometrists, nurses, physician assistants, or expanded-function dental auxiliaries appointed under this subchapter; or '(B) of health-care personnel who— "(i) are employed in the Department of Medicine and Surgery (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 Administrator to be providing either direct patient-care services or services incident to direct patient-care services; and

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