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
�
