Federal Physicians Comparability Allowance Act
PL 95-603 (S.990), enacted 11/06/1978

92 STAT. 3018 
PUBLIC LAW 95-603—NOV. 6, 1978 
Public Law 95-603 
95th Congress 
An Act 
Nov. 6, 1978 
[S. 990] 
Federal 
Physicians 
Comparability 
Allowance Act of 
1978. 
5 u s e 5948 note. 
5 u s e 5948. 
To amend title 5, United States Code, to provide special allowances to certain 
physicians employed by the United States in order to enhance the recruitment 
and retention of such physicians. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "Federal Physicians Comparability Allowance Act of 
1978". 
SEC. 2. (a) Subchapter IV of chapter 59 of title 5, United States 
Code, relating to allowances, is amended by adding at the end thereof 
the following new 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 and such regula-
tions 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) $7,000 per annum if, at the time the agreement is entered 
into, the Government physician has served as a Government phy-
sician for twenty-four months or less, or 
"(2) $10,000 per annum if the Government physician has served 
as a Government physician for more than twenty-four months. 
"(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 cate-
gory 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 serv-
ice. No agreement shall be entered into under this section later than 
September 30,1979, nor shall any agreement cover a period of service 
extending beyond September 30,1981. 
PUBLIC LAW 95-603—NOV. 6, 1978 
92 STAT. 3019 
"Government 
physician." 
5 use 5332. 
5 use 5361. 
"(e) Unless otherwise provided for in the agreement under subsec-
tion (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 pur-
suant 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 Presi-
dent 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 who is paid under— 
"(A) section 5332 of this title, relating to the General 
Schedule; 
"(B) section 5361 of this title, or similar statutory author-
ity, relating to administratively determined pay for certain 
specially qualified scientific or professional personnel; 
"(C) section 3 of the Tennessee Valley Authority Act of 
1933 (16 U.S.C. 831b), relating to the Tennessee Valley 
Authority; 
"(D) title 4 of the Foreign Service Act of 1946 (22 U.S.C. 
861-890), relating to the Foreign Service; 
"(E) section 10 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403]), relating to the Central Intelligence 
Agency; 
"(F) section 121 of title 2 of the Canal Zone Code, relating ^ 
to the Canal Zone Government and the Panama Canal Com-
pany; or 
"(G) section 2 of the Act of May 29, 1959 (Public Law 
86-36, as amended, 50 U.S.C. 402 note), relating to the 
National Security Agency; and 
"(2) 'agency' means an Executive agency, as defined in section "Agency." 
106 of this title, and the District of Columbia government. 
"(h) (1) Any allowance paid under this section shall not be consid-
ered as basic pay for the purposes of subchapter VI and section 5595 
of chapter 55, chapter 81, 83, or 87 of this title, or other benefits related 5 USC 5551, 
to basic pay. 
5595, 8101 et 
"(2) Any allowance under this section for a Government physician seq., 8301 et seq., 
shall be paid in the same manner and at the same time as the phy- ^^^1 ^
^ ^^1-
sician's basic pay is paid. 
" (i) Any regulations, criteria, or conditions that may be prescribed T
V
A 
under this section by the President or his designee shall not be applica- administration, 
ble to the Tennessee Valley Authority, and the Tennessee Valley 
Authority shall have sole responsibility for administering the provi-
sions of this section with respect to Government physicians employed 
by the Authority.". 
92 STAT. 3020 
PUBLIC LAW 95-603—NOV. 6, 1978 
(b) The analysis for chapter 59 of such title is amended by adding 
at the end thereof the following: 
"5948. Physicians comparability allowances.". 
5 use 5948 note. 
(c) No agreement shall be entered into under section 5948 of title 5, 
United States Code, as added by subsection (a), before the 60th day 
after the date of the enactment of this Act. No such agreement shall 
provide for the payment of any allowance under such section for any 
pay period beginning before the later of— 
(1) such 60th day, or 
(2) October 1,1978. 
5 use 5948 note. 
SEC. 3. The amendments made by this Act are repealed, unless spe-
cifically extended by Act of Congress, effective on September 30,1981. 
Approved November 6, 1978. 
LEGISLATIVE HISTORY: 
SENATE REPORT No. 95-864 (Coram, on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
May 25, considered and passed Senate. 
Oct. 3, considered and passed House, amended. 
Oct. 13, Senate concurred in House amendraents.