124 STAT. 1169 PUBLIC LAW 111–163—MAY 5, 2010 ‘‘(A) nurses with a part-time appointment resulting from an academic affiliation or teaching position in a nursing academy of the Department; ‘‘(B) nurses appointed as a result of a specific research proposal or grant; or ‘‘(C) nurses who are not citizens of the United States and appointed under section 7407(a) of this title.’’. (d) RATE OF BASIC PAY FOR APPOINTEES TO THE OFFICE OF THE UNDER SECRETARY FOR HEALTH SET TO RATE OF BASIC PAY FOR SENIOR EXECUTIVE SERVICE POSITIONS.— (1) IN GENERAL.—Section 7404(a) is amended— (A) by striking ‘‘The annual’’ and inserting ‘‘(1) The annual’’; (B) by striking ‘‘The pay’’ and inserting the following: ‘‘(2) The pay’’; (C) by striking ‘‘under the preceding sentence’’ and inserting ‘‘under paragraph (1)’’; and (D) by adding at the end the following new paragraph: ‘‘(3)(A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with section 5382 of title 5 as if such position were a Senior Executive Service position (as such term is defined in section 3132(a) of title 5). ‘‘(B) A rate of basic pay for a position may not be set under subparagraph (A) in excess of— ‘‘(i) in the case the position is not described in clause (ii), the rate of basic pay payable for level III of the Executive Schedule; or ‘‘(ii) in the case that the position is covered by a perform- ance appraisal system that meets the certification criteria established by regulation under section 5307(d) of title 5, the rate of basic pay payable for level II of the Executive Schedule. ‘‘(C) Notwithstanding the provisions of subsection (d) of section 5307 of title 5, the Secretary may make any certification under that subsection instead of the Office of Personnel Management and without concurrence of the Office of Management and Budget.’’. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on the first day of the first pay period beginning after the day that is 180 days after the date of the enactment of this Act. (e) SPECIAL INCENTIVE PAY FOR DEPARTMENT PHARMACIST EXECUTIVES.—Section 7410 is amended— (1) by striking ‘‘The Secretary may’’ and inserting the fol- lowing: ‘‘(a) IN GENERAL.—The Secretary may’’; and (2) by adding at the end the following new subsection: ‘‘(b) SPECIAL INCENTIVE PAY FOR DEPARTMENT PHARMACIST EXECUTIVES.—(1) In order to recruit and retain highly qualified Department pharmacist executives, the Secretary may authorize the Under Secretary for Health to pay special incentive pay of not more than $40,000 per year to an individual of the Veterans Health Administration who is a pharmacist executive. ‘‘(2) In determining whether and how much special pay to provide to such individual, the Under Secretary shall consider the following: ‘‘(A) The grade and step of the position of the individual. 38 USC 7404 note.
