5 U.S.C. § 5948 | Physicians comparability allowances

(a)

Notwithstanding any other provision of law, and in order to recruit and retain highly qualified Government physicians, the head of an agency, subject to the provisions of this section, section 5307, and such regulations as the President or his designee may prescribe, may enter into a service agreement with a Government physician which provides for such physician to complete a specified period of service in such agency in return for an allowance for the duration of such agreement in an amount to be determined by the agency head and specified in the agreement, but not to exceed—

(1)

$14,000 per annum if, at the time the agreement is entered into, the Government physician has served as a Government physician for twenty-four months or less, or

(2)

$30,000 per annum if the Government physician has served as a Government physician for more than twenty-four months.

1 See References in Text note below.

For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 4114  of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (42 U.S.C. ch. 6A) shall be deemed service as a Government physician.

(b)

An allowance may not be paid pursuant to this section to any physician who—

(1)

is employed on less than a half-time or intermittent basis,

(2)

occupies an internship or residency training position,

(3)

is a reemployed annuitant, or

(4)

is fulfilling a scholarship obligation.

(c)

The head of an agency, pursuant to such regulations, criteria, and conditions as the President or his designee may prescribe, shall determine categories of positions applicable to physicians in such agency with respect to which there is a significant recruitment and retention problem. Only physicians serving in such positions shall be eligible for an allowance pursuant to this section. The amounts of each such allowance shall be determined by the agency head, subject to such regulations, criteria, and conditions as the President or his designee may prescribe, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians.

(d)

Any agreement entered into by a physician under this section shall be for a period of one year of service in the agency involved unless the physician requests an agreement for a longer period of service.

(e)

Unless otherwise provided for in the agreement under subsection (f) of this section, an agreement under this section shall provide that the physician, in the event that such physician voluntarily, or because of misconduct, fails to complete at least one year of service pursuant to such agreement, shall be required to refund the total amount received under this section, unless the head of the agency, pursuant to such regulations as may be prescribed under this section by the President or his designee, determines that such failure is necessitated by circumstances beyond the control of the physician.

(f)

Any agreement under this section shall specify, subject to such regulations as the President or his designee may prescribe, the terms under which the head of the agency and the physician may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician for each reason for termination.

(g)

For the purpose of this section—

(1)

“Government physician” means any individual employed as a physician or dentist who is paid under—

(A)

section 5332 of this title , relating to the General Schedule;

(B)

Subchapter VIII of chapter 53 of this title, relating to the Senior Executive Service;

(C)

section 5371, relating to certain health care positions;

(D)

16 U.S.C. 831b section 3 of the Tennessee Valley Authority Act of 1933 (), relating to the Tennessee Valley Authority;

(E)

22 U.S.C. 3961 chapter 4 of title I of the Foreign Service Act of 1980 ( and following), relating to the Foreign Service;

(F)

50 U.S.C. 403j¹ section 10 of the Central Intelligence Agency Act of 1949 (), relating to the Central Intelligence Agency;

(G)

section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission;

(H)

section 2 of the Act of May 29, 1959 Public Law 86–36 50 U.S.C. 402¹ (, as amended, note), relating to the National Security Agency;

(I)

section 5376, relating to certain senior-level positions;

(J)

section 5377, relating to critical positions; or

(K)

subchapter IX of chapter 53, relating to special occupational pay systems; and

(2)

section 105 of this title “agency” means an Executive agency, as defined in , the Library of Congress, and the District of Columbia government.

(h)

(1)

Any allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and section 5595 of chapter 55, chapter 81 or 87 of this title, or other benefits related to basic pay.

(2)

Any allowance under this section for a Government physician shall be paid in the same manner and at the same time as the physician’s basic pay is paid.

(i)

Any regulations, criteria, or conditions that may be prescribed under this section by the President or his designee shall not be applicable to the Tennessee Valley Authority, and the Tennessee Valley Authority shall have sole responsibility for administering the provisions of this section with respect to Government physicians employed by the Authority.

(j)

Not later than June 30 of each year, the President shall submit to each House of Congress a written report on the operation of this section. Each report shall include, with respect to the year covered by such report, information as to—

(1)

which agencies entered into agreements under this section;

(2)

the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section;

(3)

the number of physicians with whom agreements were entered into by each agency;

(4)

the size of the allowances and the duration of the agreements entered into; and

(5)

the degree to which the recruitment or retention problems referred to in paragraph (2) were alleviated under this section.

Pub. L. 95–603, § 2(a)Nov. 6, 197892 Stat. 3018 Pub. L. 96–166, § 2Dec. 29, 197993 Stat. 1273 Pub. L. 97–141, § 2Dec. 29, 198195 Stat. 1719 Pub. L. 98–168, title I, § 102(a)Nov. 29, 198397 Stat. 1105 Pub. L. 98–615, title II, § 204(a)(3)Nov. 8, 198498 Stat. 3216 Pub. L. 100–140, § 1Oct. 26, 1987101 Stat. 830 Pub. L. 101–420, § 1(a)Oct. 12, 1990104 Stat. 908 Pub. L. 103–114, § 1(b)(2)(A)Oct. 26, 1993107 Stat. 1115 Pub. L. 102–378, § 2(51)Oct. 2, 1992106 Stat. 1353 Pub. L. 103–89, § 3(b)(1)(M)Sept. 30, 1993107 Stat. 982 Pub. L. 103–114Oct. 26, 1993107 Stat. 1115 Pub. L. 105–61, title V, § 517(a)Oct. 10, 1997111 Stat. 1307 Pub. L. 105–266, § 7(a)Oct. 19, 1998112 Stat. 2369 Pub. L. 106–554, § 1(a)(1) [title II, § 218(a)]Dec. 21, 2000114 Stat. 2763 Pub. L. 106–571Dec. 28, 2000114 Stat. 3054(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , formerly § 1, , , renumbered § 1(a), , , ; , , ; , , ; , §§ 1(a)(1), 2(a), , , 1116; , , ; , , ; , , , 2763A–28; , §§ 2(a)(1), (b), 3(d), , , 3057.)

Editorial Notes

References in Text

Pub. L. 102–40, title IV, § 401(a)(3)May 7, 1991105 Stat. 210 section 2004 of Title 38 section 4104 of Title 38 section 4114 of Title 38Sections 4104 and 4114 of title 38, referred to in subsec. (a), were repealed by , , . Subsequently, , Veterans’ Benefits, was renumbered as and a new was added. The new sections 4104 and 4114 do not contain the same subject matter as the former sections. For provisions similar to those contained in former sections 4104 and 4114 prior to repeal, see sections 7401 and 7405 to 7407 of Title 38.

act July 1, 1944, ch. 373 58 Stat. 682 section 201 of Title 42The Public Health Service Act, referred to in subsec. (a), is , , as amended. Title II of the Public Health Service Act is classified generally to subchapter I (§ 201 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 96–465Oct. 17, 198094 Stat. 2071 section 3901 of Title 22The Foreign Service Act of 1980, referred to in subsec. (g)(1)(E), is , , . Chapter 4 of title I of the Act is classified generally to subchapter IV (§ 3961 et seq.) of chapter 52 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 20, 1949, ch. 227 63 Stat. 208 Pub. L. 85–507, § 21(b)(2)July 7, 195872 Stat. 337 section 3510 of Title 50The Central Intelligence Agency Act of 1949, referred to in (g)(1)(F), is , , which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in chapter 46 (§ 3501 et seq.) of Title 50. Section 10 of the Act, which was renumbered as section 8 of that Act by , , , is now classified to . For complete classification of this Act to the Code, see Tables.

section 3642 of Title 22Section 1202 of the Panama Canal Act of 1979, referred to in subsec. (g)(1)(G), is classified to , Foreign Relations and Intercourse.

Section 2 of the Act of May 29, 1959 Public Law 86–36 50 U.S.C. 402 section 402 of Title 50 Pub. L. 104–201, div. A, title XVI, § 1633(b)(1)Sept. 23, 1996110 Stat. 2751 section 2 of Pub. L. 86–36 Pub. L. 111–259, title IV, § 433Oct. 7, 2010124 Stat. 2732 section 3602 of Title 50 (, as amended, note), referred to in subsec. (g)(1)(H), was formerly set out in a note under , War and National Defense, prior to repeal by , , . Another was added by , , , and has been editorially reclassified as .

Amendments

Pub. L. 106–571, § 2(a)(1)September 30, 2005September 30, 20072000—Subsec. (d). , struck out second sentence which read as follows: “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .”

Pub. L. 106–554September 30, 2000September 30, 2002 amended second sentence generally. Prior to amendment, second sentence read as follows: “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .”

Pub. L. 106–571, § 3(d)Subsec. (h)(1). , substituted “chapter 81 or 87” for “chapter 81, 83, or 87”.

Pub. L. 106–571, § 2(b)Subsec. (j). , in par. (1), substituted “(j)” for “(j)(1)”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, in par. (5), substituted “paragraph (2)” for “subparagraph (B)”, and struck out former par. (2) which read as follows: “In addition to the information required under paragraph (1), the last report due under this subsection before the expiration of the authority to enter into agreements under this section shall include—

September 30, 2000“(A) recommendations as to whether or not such authority should be continued beyond , and, if so, by what period of time; and

“(B) the reasons for those recommendations.”

Pub. L. 105–2661998—Subsec. (a)(2). substituted “$30,000” for “$20,000”.

Pub. L. 105–61, § 517(a)(1)September 30, 2000September 30, 2002September 30, 1997September 30, 19991997—Subsec. (d). , substituted “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .” for “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .”

Pub. L. 105–61, § 517(a)(2)September 30, 2000September 30, 1997Subsec. (j)(2)(A). , substituted “” for “”.

Pub. L. 103–114, § 1(a)(1)September 30, 1993September 30, 19951993—Subsec. (d). , amended second sentence generally. Prior to amendment, second sentence read as follows: “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .”

Pub. L. 103–89Subsec. (g)(1)(C) to (L). redesignated subpars. (D) to (L) as (C) to (K), respectively, and struck out former subpar. (C) which read as follows: “chapter 54 of this title, relating to the performance management and recognition system;”.

Pub. L. 103–114, § 2(a)Subsec. (j). , added subsec. (j).

Pub. L. 102–378, § 2(51)(A)1992—Subsec. (a). , inserted “, section 5307,” after “provisions of this section” in first sentence.

Pub. L. 102–378, § 2(51)(B)(i)section 5371 of this titleSubsec. (g)(1)(D). , amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “, or similar statutory authority, relating to administratively determined pay for certain specially qualified scientific or professional personnel;”.

Pub. L. 102–378, § 2(51)(B)(ii)Subsec. (g)(1)(J) to (L). –(iv), added subpars. (J) to (L).

Pub. L. 101–420September 30, 1990September 30, 19921990—Subsec. (d). added second sentence and struck out former second sentence which read as follows: “No agreement shall be entered into under this section later than , nor shall any agreement cover a period of service extending beyond .”

Pub. L. 100–140, § 1(a)(3)1987—Subsec. (a). , inserted last sentence.

Pub. L. 100–140, § 1(a)(1)Subsec. (a)(1). , substituted “$14,000” for “$7,000”.

Pub. L. 100–140, § 1(a)(2)Subsec. (a)(2). , substituted “$20,000” for “$10,000”.

Pub. L. 100–140, § 1(b)September 30, 1990September 30, 1987September 30, 1992September 30, 1989Subsec. (d). , substituted “” for “” and “” for “”.

Pub. L. 98–6151984—Subsec. (g)(1)(C). substituted “performance management and recognition system” for “Merit Pay System”.

Pub. L. 98–1681983—Subsec. (d). substituted “1987” for “1983”, and “1989” for “1985”.

Pub. L. 97–141, § 2(1)September 30, 1983September 30, 1985September 30, 1981September 30, 19831981—Subsec. (d). , substituted “, nor shall any agreement cover a period of service extending beyond ” for “, nor shall any agreement cover a period of service extending beyond ”.

Pub. L. 97–141, § 2(2)22 U.S.C. 3961 22 U.S.C. 861–890Subsec. (g)(1). , (3), reenacted provisions preceding subpar. (A) without change, and in subpar. (F), substituted “chapter 4 of title I of the Foreign Service Act of 1980 ( and following)” for “title 4 of the Foreign Service Act of 1946 ()”.

Pub. L. 96–166, § 2(1)September 30, 1981September 30, 1979September 30, 1983September 30, 19811979—Subsec. (d). , substituted “” for “” and “” for “”.

Pub. L. 96–166, § 2(2)(A)Subsec. (g)(1). , directed the amendment of subsec. (g)(1) by inserting “or dentist” after “physician” which was executed by inserting the term after “employed as a physician” in introductory phrase as the probable intent of Congress.

Pub. L. 96–166, § 2(2)(B)section 121 of title 2–(E), redesignated subpars. (B) through (G) as (D) through (I), respectively, added subpars. (B) and (C), substituted in subpar. (D) as redesignated, “5371” for “5361”, and substituted in subpar. (H) as redesignated, “section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission; or” for “ of the Canal Zone Code, relating to the Canal Zone Government and the Panama Canal Company; or”.

Pub. L. 96–166, § 2(3)Subsec. (g)(2). , inserted reference to the Library of Congress.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Section 517(c) of Pub. L. 105–61

Oct. 10, 1997“The amendments made by this section [amending this section and provisions set out as a note under this section] shall take effect on the date of enactment of this Act [].”

provided that:

Effective Date of 1993 Amendment

Pub. L. 103–89Nov. 1, 1993section 3(c) of Pub. L. 103–89 section 3372 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

Section 205 of Pub. L. 98–615 Pub. L. 98–615Oct. 1, 1984 provided that amendment by was effective , and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.

Effective Date of Repeal

Section 3 of Pub. L. 95–603 Pub. L. 96–166, § 4Dec. 29, 197993 Stat. 1273 Pub. L. 97–141, § 3Dec. 29, 198195 Stat. 1719 Pub. L. 98–168, title I, § 102(b)Nov. 29, 198397 Stat. 1105 Pub. L. 100–140, § 1(c)Pub. L. 103–114, § 1(b)(1)Oct. 26, 1993107 Stat. 1115 Pub. L. 101–420, § 1(b)Pub. L. 103–114, § 1(b)(2)(B)Oct. 26, 1993107 Stat. 1115 Pub. L. 103–114, § 1(a)(2)Oct. 26, 1993107 Stat. 1115 Pub. L. 105–61, title V, § 517(b)Oct. 10, 1997111 Stat. 1307 Pub. L. 106–554, § 1(a)(1) [title II, § 218(b)]Dec. 21, 2000114 Stat. 2763Sept. 30, 2007Pub. L. 106–571, § 2(a)(2)Dec. 28, 2000114 Stat. 3054, as amended by , , ; , , ; , , ; , as added , , ; , as added , , ; , , ; , , ; , , , 2763A–28, which provided that this section would be repealed, unless specifically extended by Act of Congress, effective on , was repealed by , , .

Short Title of 2000 Amendment

Pub. L. 106–571, § 1Dec. 28, 2000114 Stat. 3054

“This Act [amending this section and sections 8331, 8339, 8401, and 8415 of this title] may be cited as the ‘Federal Physicians Comparability Allowance Amendments of 2000’.”

, , , provided that:

Short Title of 1983 Amendment

Pub. L. 98–168, title I, § 101Nov. 29, 198397 Stat. 1105

“This title [amending this section, enacting provisions set out below, and amending provisions set out as a note above] may be cited as the ‘Federal Physicians Comparability Allowance Amendments of 1983’.”

, , , provided that:

Short Title of 1981 Amendment

Pub. L. 97–141, § 1Dec. 29, 198195 Stat. 1719

section 8344 of this title section 8344 of this title“That this Act [amending this section and and provisions set out below and enacting provisions set out as notes under this section and ] may be cited as the ‘Federal Physicians Comparability Allowance Amendments of 1981’.”

, , , provided:

Short Title of 1979 Amendment

Pub. L. 96–166, § 1Dec. 29, 197993 Stat. 1273

section 5383 of this title“That this Act [amending this section and and provisions set out as a note under this section, and enacting provisions set out below] may be cited as the ‘Federal Physicians Comparability Allowance Amendments of 1979’.”

, , , provided:

Short Title

Pub. L. 95–603, § 1Nov. 6, 197892 Stat. 3018

“That this Act [enacting this section and provisions set out as notes under this section] may be cited as the ‘Federal Physicians Comparability Allowance Act of 1978’.”

, , , provided:

Construction of 1998 Amendment

Pub. L. 105–266, § 7(c)Oct. 19, 1998112 Stat. 2370

Oct. 19, 1998“Nothing in this section [amending this section and enacting provisions set out as a note below] shall be considered to authorize additional or supplemental appropriations for the fiscal year in which occurs the date of the enactment of this Act [].”

, , , provided that:

Construction of 1993 Amendment

Pub. L. 103–114, § 1(a)(4)Oct. 26, 1993107 Stat. 1115

September 30, 1993“The amendments made by this subsection [amending this section and provisions set out above] shall not be construed to authorize additional or supplemental appropriations for the fiscal year ending .”

, , , provided that:

Pub. L. 103–114, § 1(c)Oct. 26, 1993107 Stat. 1116

“For purposes of applying the amendments made by this section [amending this section and enacting and amending provisions set out as notes above]—

“(1)

the provisions of subsection (b)(1) [enacting and amending provisions set out as notes above] shall be treated as having been enacted immediately before the provisions of subsection (b)(2) [enacting and amending provisions set out as notes above]; and

“(2)

the provisions of subsection (b)(2) shall be treated as having been enacted immediately before the provisions of subsection (a) [amending this section and enacting and amending provisions set out as notes above].”

, , , provided that:

October 19, 1998Modification of Service Agreements in Effect on ; Limitation

Pub. L. 105–266, § 7(b)Oct. 19, 1998112 Stat. 2369

“(1)

In general .—

section 5948 of title 5Oct. 19, 1998Any service agreement under , United States Code, which is in effect on the date of the enactment of this Act [] may, with respect to any period of service remaining in such agreement, be modified based on the amendment made by subsection (a) [amending this section].

“(2)

Limitation .—

A modification taking effect under this subsection in any year shall not cause an allowance to be increased to a rate which, if applied throughout such year, would cause the limitation under section 5948(a)(2) of such title (as amended by this section), or any other applicable limitation, to be exceeded.”

, , , provided that:

Effectiveness of Service Agreements Limited by Appropriation Acts

Pub. L. 103–114, § 1(a)(3)Oct. 26, 1993107 Stat. 1115

Oct. 26, 1993section 5948 of title 5“Any service agreement entered into on or after the date of the enactment of this Act [] pursuant to , United States Code, as amended by paragraph (1), shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.”

, , , provided that:

Due Date for First Annual Report on Operation of Section

Pub. L. 103–114, § 2(b)Oct. 26, 1993107 Stat. 1116

section 5948(j) of title 5June 30, 1994“The first report under , United States Code, as amended by subsection (a), shall be due not later than .”

, , , provided that:

Pay of Certain Federal Physicians for Fiscal Year 1982

Pub. L. 98–168, title I, § 103Nov. 29, 198397 Stat. 1105 section 5383(b) of this title, , , provided that any individual whose aggregate pay for fiscal year 1982 exceeded the limitation set forth in is relieved of all liability to the United States for any amounts paid to such individual in excess of such limitation if, and to the extent that, such liability takes into account any allowance paid under this section, provided for repayment to individuals relieved from liability of amounts already paid, and defined the terms “aggregate pay”, “appropriate agency head”, and “agency”.

December 29, 1981Service Agreements Entered Into On or After ; Advance Authorization; Fiscal Year 1982

Pub. L. 97–141, § 4Dec. 29, 198195 Stat. 1719Dec. 29, 1981section 2 of Pub. L. 97–141 Pub. L. 97–141Sept. 30, 1982, , , provided that any service agreement entered into on or after , pursuant to this section, as amended by , shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts, and that the amendments made by shall not be construed to authorize additional or supplemental appropriations for the fiscal year ending .

December 29, 1979Service Agreements Entered Into On or After ; Advance Authorization

Pub. L. 96–166, § 5Dec. 29, 197993 Stat. 1273Dec. 29, 1979section 2 of Pub. L. 96–166, , , provided that any service agreement entered into on or after , pursuant to this section, as amended by , shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.

Time of Entry into Allowance Agreements and for Commencement of Allowance

Pub. L. 95–603, § 2(c)Nov. 6, 197892 Stat. 3020Nov. 6, 1978Oct. 1, 1978, , , provided that no agreement be entered into under this section before 60th day after , and that no agreement provide for payment of any allowance under such section for any pay period beginning before later of such 60th day, or .

Executive Documents

Ex. Ord. No. 12109. Delegation of Authority to Director of Office of Personnel Management

Dec. 28, 1978Ex. Ord. No. 12109, , 44 F.R. 1067, provided:

Section 5948 of Title 5 Section 301 of Title 3By the authority vested in me as President of the United States of America by and of the United States Code, it is hereby ordered as follows:

Section 5948 of Title 51–101. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, in consultation with the Director of the Office of Management and Budget, the authority of the President under of the United States Code, to prescribe regulations, criteria, and conditions with regard to the payment of comparability allowances to recruit and retain certain Federal physicians.

January 1, 1979section 1101 of this title1–102. Until the Office of Personnel Management is established (on or before ), pursuant to Reorganization Plan No. 2 of 1978 (43 FR 36037) [set out under ], the Civil Service Commission shall exercise the authority delegated under this Order to the Director of the Office of Personnel Management.

Jimmy Carter.