Sections 4104 and 4114 of title 38, referred to in subsec. (a), were repealed by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210, and a new section 4101 containing different subject matter was added. For provisions similar to those contained in sections 4104 and 4114 prior to repeal, see sections 7401 and 7405 to 7407 of Title 38, Veterans’ Benefits.

The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682, 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 section 201 of Title 42 and Tables.

The Foreign Service Act of 1980, referred to in subsec. (g)(1)(E), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended. 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 section 3901 of Title 22 and Tables.

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

Section 2 of the Act of May 29, 1959 (Public Law 86–36, as amended, 50 U.S.C. 402 note ), referred to in subsec. (g)(1)(H), was repealed by Pub. L. 104–201, div. A, title XVI, § 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751.

2000—Subsec. (d). Pub. L. 106–571, § 2(a)(1), struck out second sentence which read as follows: “No agreement shall be entered into under this section later than September 30, 2005, nor shall any agreement cover a period of service extending beyond September 30, 2007.”

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

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

Subsec. (j). Pub. L. 106–571, § 2(b), 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—

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

“(B) the reasons for those recommendations.”

1998—Subsec. (a)(2). Pub. L. 105–266 substituted “$30,000” for “$20,000”.

1997—Subsec. (d). Pub. L. 105–61, § 517(a)(1), substituted “No agreement shall be entered into under this section later than September 30, 2000, nor shall any agreement cover a period of service extending beyond September 30, 2002.” for “No agreement shall be entered into under this section later than September 30, 1997, nor shall any agreement cover a period of service extending beyond September 30, 1999.”

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

1993—Subsec. (d). Pub. L. 103–114, § 1(a)(1), amended second sentence generally. Prior to amendment, second sentence read as follows: “No agreement shall be entered into under this section later than September 30, 1993, nor shall any agreement cover a period of service extending beyond September 30, 1995.”

Subsec. (g)(1)(C) to (L). Pub. L. 103–89 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;”.

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

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

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

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

1990—Subsec. (d). Pub. L. 101–420 added second sentence and struck out former second sentence which read as follows: “No agreement shall be entered into under this section later than September 30, 1990, nor shall any agreement cover a period of service extending beyond September 30, 1992.”

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

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

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

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

1984—Subsec. (g)(1)(C). Pub. L. 98–615 substituted “performance management and recognition system” for “Merit Pay System”.

1983—Subsec. (d). Pub. L. 98–168 substituted “1987” for “1983”, and “1989” for “1985”.

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

Subsec. (g)(1). Pub. L. 97–141, § 2(2), (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 (22 U.S.C. 3961 and following)” for “title 4 of the Foreign Service Act of 1946 (22 U.S.C. 861–890)”.

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

Subsec. (g)(1). Pub. L. 96–166, § 2(2)(A), 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)–(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 “section 121 of title 2 of the Canal Zone Code, relating to the Canal Zone Government and the Panama Canal Company; or”.

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

Section 517(c) of Pub. L. 105–61 provided that: “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 [Oct. 10, 1997].”

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

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

Section 3 of Pub. L. 95–603, as amended by Pub. L. 96–166, § 4, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 97–141, § 3, Dec. 29, 1981, 95 Stat. 1719; Pub. L. 98–168, title I, § 102(b), Nov. 29, 1983, 97 Stat. 1105; Pub. L. 100–140, § 1(c), as added Pub. L. 103–114, § 1(b)(1), Oct. 26, 1993, 107 Stat. 1115; Pub. L. 101–420, § 1(b), as added Pub. L. 103–114, § 1(b)(2)(B), Oct. 26, 1993, 107 Stat. 1115; Pub. L. 103–114, § 1(a)(2), Oct. 26, 1993, 107 Stat. 1115; Pub. L. 105–61, title V, § 517(b), Oct. 10, 1997, 111 Stat. 1307; Pub. L. 106–554, § 1(a)(1) [title II, § 218(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–28, which provided that this section would be repealed, unless specifically extended by Act of Congress, effective on Sept. 30, 2007, was repealed by Pub. L. 106–571, § 2(a)(2), Dec. 28, 2000, 114 Stat. 3054.

Pub. L. 106–571, § 1, Dec. 28, 2000, 114 Stat. 3054, provided that: “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’.”

Section 101 of title I of Pub. L. 98–168 provided that: “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’.”

Section 1 of Pub. L. 97–141 provided: “That this Act [amending this section and section 8344 of this title and provisions set out below and enacting provisions set out as notes under this section and section 8344 of this title] may be cited as the ‘Federal Physicians Comparability Allowance Amendments of 1981’.”

Section 1 of Pub. L. 96–166 provided: “That this Act [amending this section and section 5383 of this title 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’.”

Section 1 of Pub. L. 95–603 provided: “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’.”

Pub. L. 105–266, § 7(c), Oct. 19, 1998, 112 Stat. 2370, provided that: “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 [Oct. 19, 1998].”

Section 1(a)(4) of Pub. L. 103–114 provided that: “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 September 30, 1993.”

Section 1(c) of Pub. L. 103–114 provided that: “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].”

Pub. L. 105–266, § 7(b), Oct. 19, 1998, 112 Stat. 2369, provided that:

“(1) In general.—Any service agreement under section 5948 of title 5, United States Code, which is in effect on the date of the enactment of this Act [Oct. 19, 1998] 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.”

Section 1(a)(3) of Pub. L. 103–114 provided that: “Any service agreement entered into on or after the date of the enactment of this Act [Oct. 26, 1993] pursuant to section 5948 of title 5, 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.”

Section 2(b) of Pub. L. 103–114 provided that: “The first report under section 5948 (j) of title 5, United States Code, as amended by subsection (a), shall be due not later than June 30, 1994.”

Section 103 of Pub. L. 98–168 provided that any individual whose aggregate pay for fiscal year 1982 exceeded the limitation set forth in section 5383 (b) of this title 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”.

Section 4 of Pub. L. 97–141 provided that any service agreement entered into on or after Dec. 29, 1981, pursuant to this section, as amended by section 2 of Pub. L. 97–141, 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 Pub. L. 97–141 shall not be construed to authorize additional or supplemental appropriations for the fiscal year ending Sept. 30, 1982.

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

Section 2(c) of Pub. L. 95–603 provided that no agreement be entered into under this section before 60th day after Nov. 6, 1978, 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 Oct. 1, 1978.

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

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

1–101. 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 Section 5948 of Title 5 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.

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