114 STAT. 1838 PUBLIC LAW 106-419—NOV. 1, 2000 (1) in the first sentence, by inserting "or, for each of fiscal years 2001 and 2002, $14,000,000 " after "$13,000,000 "; and (2) in the second sentence, by striking "$13,000,000" both places it appears and inserting "the amount applicable to that fiscal year under the preceding sentence". TITLE II—HEALTH PROVISIONS Subtitle A—Personnel Matters SEC. 201. ANNUAL NATIONAL PAY COMPARABILITY ADJUSTMENT FOR NURSES EMPLOYED BY DEPARTMENT OF VETERANS AFFAIRS. (a) REVISED PAY ADJUSTMENT PROCEDURES.— (1) Subsection (d) of section 7451 is amended— (A) in paragraph (1)— (i) by striking "The rates" and inserting "Subject to subsection (e), the rates"; and (ii) in subparagraph (A)— (I) by striking "section 5305" and inserting "section 5303"; and (II) by inserting "and to be by the same percentage" after "to have the same effective date"; (B) in paragraph (2), by striking "Such" in the second sentence and inserting "Except as provided in paragraph (1)(A), such"; (C) in paragraph (3)(B)— (i) by inserting after the first sentence the following new sentence: "To the extent practicable, the director shall use third-party industry wage surveys to meet the requirements of the preceding sentence."; (ii) by inserting before the penultimate sentence the following new sentence: "To the extent practicable, all surveys conducted pursuant to this subparagraph or subparagraph (A) shall include the collection of salary midpoints, actual salaries, lowest and highest salaries, average salaries, bonuses, incentive pays, differential pays, actual beginning rates of pay, and such other information needed to meet the purpose of this section."; and (iii) in the penultimate sentence, by inserting "or published" after "completed"; and (D) by striking clause (iii) of paragraph (3)(C). (2) Subsection (e) of such section is amended to read as follows: "(e)(1) An adjustment in a rate of basic pay under subsection (d) may not reduce the rate of basic pay applicable to any grade of a covered position. "(2) The director of a Department health-care facility, in determining whether to carry out a wage survey under subsection (d)(3) with respect to rates of basic pay for a grade of a covered position, may not consider as a factor in such determination the absence of a current recruitment or retention problem for personnel in that grade of that position. The director shall make such a determination based upon whether, in accordance with criteria established by the Secretary, there is a significant pay-related staffing problem at that facility in any grade for a position. If the director determines that there is such a problem, or that such a problem
�
