Notes on 5 U.S.C. § 5948 : US Code - Notes

Search Notes on 5 U.S.C. § 5948 : US Code - Notes

(Added Pub. L. 95-603, Sec. 2(a), Nov. 6, 1978, 92 Stat. 3018;
amended Pub. L. 96-166, Sec. 2, Dec. 29, 1979, 93 Stat. 1273; Pub.
L. 97-141, Sec. 2, Dec. 29, 1981, 95 Stat. 1719; Pub. L. 98-168,
title I, Sec. 102(a), Nov. 29, 1983, 97 Stat. 1105; Pub. L. 98-615,
title II, Sec. 204(a)(3), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 100-
140, Sec. 1, Oct. 26, 1987, 101 Stat. 830; Pub. L. 101-420, Sec.
1(a), formerly Sec. 1, Oct. 12, 1990, 104 Stat. 908, renumbered
Sec. 1(a), Pub. L. 103-114, Sec. 1(b)(2)(A), Oct. 26, 1993, 107
Stat. 1115; Pub. L. 102-378, Sec. 2(51), Oct. 2, 1992, 106 Stat.
1353; Pub. L. 103-89, Sec. 3(b)(1)(M), Sept. 30, 1993, 107 Stat.
982; Pub. L. 103-114, Secs. 1(a)(1), 2(a), Oct. 26, 1993, 107 Stat.
1115, 1116; Pub. L. 105-61, title V, Sec. 517(a), Oct. 10, 1997,
111 Stat. 1307; Pub. L. 105-266, Sec. 7(a), Oct. 19, 1998, 112
Stat. 2369; Pub. L. 106-554, Sec. 1(a)(1) [title II, Sec. 218(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-28; Pub. L. 106-571, Secs.
2(a)(1), (b), 3(d), Dec. 28, 2000, 114 Stat. 3054, 3057.)
REFERENCES IN TEXT                        
Sections 4104 and 4114 of title 38, referred to in subsec. (a),
were repealed by Pub. L. 102-40, title IV, Sec. 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
(Sec. 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 (Sec. 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, Sec. 1633(b)(1),
Sept. 23, 1996, 110 Stat. 2751.
AMENDMENTS                            
2000 - Subsec. (d). Pub. L. 106-571, Sec. 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, Sec. 3(d), substituted "chapter
81 or 87" for "chapter 81, 83, or 87".
Subsec. (j). Pub. L. 106-571, Sec. 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, Sec. 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, Sec. 517(a)(2), substituted
"September 30, 2000" for "September 30, 1997".
1993 - Subsec. (d). Pub. L. 103-114, Sec. 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, Sec. 2(a), added subsec. (j).
1992 - Subsec. (a). Pub. L. 102-378, Sec. 2(51)(A), inserted ",
section 5307," after "provisions of this section" in first
sentence.
Subsec. (g)(1)(D). Pub. L. 102-378, Sec. 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, Sec. 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, Sec. 1(a)(3), inserted last
sentence.
Subsec. (a)(1). Pub. L. 100-140, Sec. 1(a)(1), substituted
"$14,000" for "$7,000".
Subsec. (a)(2). Pub. L. 100-140, Sec. 1(a)(2), substituted
"$20,000" for "$10,000".
Subsec. (d). Pub. L. 100-140, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(3), inserted reference to
the Library of Congress.
EFFECTIVE DATE OF 1997 AMENDMENT                 
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]."
EFFECTIVE DATE OF 1993 AMENDMENT                 
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.
EFFECTIVE DATE OF 1984 AMENDMENT                 
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.
EFFECTIVE DATE OF REPEAL                     
Section 3 of Pub. L. 95-603, as amended by Pub. L. 96-166, Sec.
4, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 97-141, Sec. 3, Dec. 29,
1981, 95 Stat. 1719; Pub. L. 98-168, title I, Sec. 102(b), Nov. 29,
1983, 97 Stat. 1105; Pub. L. 100-140, Sec. 1(c), as added Pub. L.
103-114, Sec. 1(b)(1), Oct. 26, 1993, 107 Stat. 1115; Pub. L. 101-
420, Sec. 1(b), as added Pub. L. 103-114, Sec. 1(b)(2)(B), Oct.
26, 1993, 107 Stat. 1115; Pub. L. 103-114, Sec. 1(a)(2), Oct. 26,
1993, 107 Stat. 1115; Pub. L. 105-61, title V, Sec. 517(b), Oct.
10, 1997, 111 Stat. 1307; Pub. L. 106-554, Sec. 1(a)(1) [title II,
Sec. 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, Sec. 2(a)(2), Dec. 28, 2000, 114 Stat.
3054.
SHORT TITLE OF 2000 AMENDMENT                   
Pub. L. 106-571, Sec. 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'."
SHORT TITLE OF 1983 AMENDMENT                   
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'."
SHORT TITLE OF 1981 AMENDMENT                   
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'."
SHORT TITLE OF 1979 AMENDMENT                   
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'."
SHORT TITLE                            
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'."
CONSTRUCTION OF 1998 AMENDMENT                  
Pub. L. 105-266, Sec. 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]."
CONSTRUCTION OF 1993 AMENDMENT                  
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]."
MODIFICATION OF SERVICE AGREEMENTS IN EFFECT ON OCTOBER 19, 1998;
LIMITATION
Pub. L. 105-266, Sec. 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."
EFFECTIVENESS OF SERVICE AGREEMENTS LIMITED BY APPROPRIATION ACTS 
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."
DUE DATE FOR FIRST ANNUAL REPORT ON OPERATION OF SECTION     
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."
PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 1982      
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".
SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DECEMBER 29, 1981;
ADVANCE AUTHORIZATION; FISCAL YEAR 1982
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.
SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DECEMBER 29, 1979;
ADVANCE AUTHORIZATION
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.
TIME OF ENTRY INTO ALLOWANCE AGREEMENTS AND FOR COMMENCEMENT OF
ALLOWANCE
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. DELEGATION OF AUTHORITY TO DIRECTOR OF OFFICE
OF PERSONNEL MANAGEMENT
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.
Jimmy Carter.
(!1) See References in Text note below.
(!2) See References in Text note below.