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

(a) Despite any other law, to recruit and retain highly qualified Government physicians, an agency head may, subject to this section, section 5307, and regulations prescribed by the President or the President’s designee, enter into a service agreement with a Government physician. The agreement provides that the physician will complete a specified period of service in the agency in return for an allowance for the agreement’s duration. The agency head determines the allowance and states it in the agreement, but it may not exceed: (1) $14,000 per year if, when the agreement is entered into, the Government physician has served as a Government physician for 24 months or less; or (2) $30,000 per year if the Government physician has served for more than 24 months. For deciding the 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, counts as service as a Government physician. (b) An allowance may not be paid under this section to a physician who: (1) is employed less than half-time or intermittently; (2) holds an internship or residency training position; (3) is a reemployed annuitant; or (4) is fulfilling a scholarship obligation. (c) Under regulations, criteria, and conditions prescribed by the President or the President’s designee, the agency head must determine categories of positions in the agency for physicians that have a significant recruitment and retention problem. Only physicians serving in those positions may receive an allowance under this section. The agency head determines the amount of each allowance, subject to those regulations, criteria, and conditions, and the amount must be the minimum necessary to address the recruitment and retention problem for each category of physicians. (d) An agreement under this section must be for one year of service in the agency involved unless the physician requests an agreement for a longer period of service. (e) Unless the agreement provides otherwise under subsection (f), it must state that if the physician voluntarily, or because of misconduct, fails to complete at least one year of service under the agreement, the physician must repay the total amount received under this section. This repayment is not required if the agency head, under regulations prescribed by the President or the President’s designee, determines that circumstances beyond the physician’s control made the failure necessary. (f) Any agreement under this section must specify, subject to regulations prescribed by the President or the President’s designee, the terms under which the agency head and the physician may choose to terminate the agreement and the amounts, if any, the physician must refund for each reason for termination. (g) For this section: (1) “Government physician” means an 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, relating to the Tennessee Valley Authority; (E) chapter 4 of title I of the Foreign Service Act of 1980, relating to the Foreign Service; (F) 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, as amended, 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. (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) An allowance paid under this section is not basic pay for 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) An allowance under this section must be paid in the same manner and at the same time as the physician’s basic pay. (i) Regulations, criteria, or conditions prescribed under this section by the President or the President’s designee do not apply to the Tennessee Valley Authority. The Tennessee Valley Authority alone administers this section for Government physicians employed by the Authority. (j) By June 30 of each year, the President must submit a written report on this section’s operation to each House of Congress. For the year covered, each report must include: (1) which agencies entered into agreements under this section; (2) the nature and extent of the recruitment or retention problems that justified each agency’s use of this authority; (3) the number of physicians with whom each agency entered into agreements; (4) the allowance amounts and durations of the agreements; and (5) the extent to which the recruitment or retention problems described in paragraph (2) were reduced under this section.