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U.S. Code as of:
01/03/05
Section 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.
For the purpose of determining length of service as a Government
physician, service as a physician under section 4104 or 4114 (!1)
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) section 3 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831b), relating to the Tennessee Valley Authority;
(E) chapter 4 of title I of the Foreign Service Act of 1980
(22 U.S.C. 3961 and following), relating to the Foreign
Service;
(F) section 10 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403j), 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 (!2) (Public Law
86-36, as amended, 50 U.S.C. 402 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) "agency" means an Executive agency, as defined in section
105 of this title, 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.
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