
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7431]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
         SUBCHAPTER III--SPECIAL PAY FOR PHYSICIANS AND DENTISTS
 
Sec. 7431. Special pay: authority

    (a) In order to recruit and retain highly qualified physicians and 
dentists in the Veterans Health Administration, the Secretary shall 
provide special pay under this subchapter. Such special pay shall be 
provided under regulations that the Secretary shall prescribe to carry 
out this subchapter. Before prescribing regulations under this 
subchapter, the Secretary shall receive the recommendations of the Under 
Secretary for Health with respect to those regulations.
    (b) Special pay may be paid to a physician or dentist under this 
subchapter only upon the execution of, and for the duration of, a 
written agreement entered into by the physician or dentist in accordance 
with section 7432 of this title.
    (c) A physician or dentist serving a period of obligated service 
pursuant to chapter 76 of this title is not eligible for special pay 
under this subchapter during the first three years of such obligated 
service, except that, at the discretion of the Secretary and upon the 
recommendation of the Under Secretary for Health, such a physician or 
dentist may be paid special pay for full-time status during those three 
years.
    (d)(1) The Secretary may determine categories of positions 
applicable to either physicians or dentists, or both, in the Veterans 
Health Administration as to which there is no significant recruitment 
and retention problem. While any such determination is in effect, the 
Secretary may not enter into an agreement under this subchapter with a 
physician or dentist serving in a position covered by the determination. 
Before making a determination under this paragraph, the Secretary shall 
receive the recommendations of the Under Secretary for Health with 
respect to the determination.
    (2) Not later than one year after making any such determination with 
respect to a category of positions, and each year thereafter that such 
determination remains in effect, the Secretary shall make a 
redetermination.
    (3) Any determination under this subsection shall be in accordance 
with regulations prescribed to carry out this subchapter.
    (e) If the Under Secretary for Health determines that payment of 
special pay to a physician or dentist who is employed on a less than 
half-time basis is the most cost-effective way available for providing 
needed medical or dental specialist services at a Department facility, 
the Under Secretary for Health may authorize the payment of special pay 
for factors other than for full-time status to that physician or dentist 
at a rate computed on the basis of the proportion that the part-time 
employment of the physician or dentist bears to full-time employment.
    (f) Special pay may not be paid under this section to a physician or 
dentist who--
        (1) is employed on less than a quarter-time basis or on an 
    intermittent basis;
        (2) occupies an internship or residency training position; or
        (3) is a reemployed annuitant.

    (g)(1) In the case of a physician or dentist who is employed in a 
position that is covered by a determination by the Secretary under 
subsection (d)(1) that the Administration does not have a significant 
recruitment or retention problem with respect to a particular category 
of positions and who on the day before the effective date of this 
subchapter was receiving special pay under an agreement entered into 
under section 4118 \1\ of this title (as in effect before such date), 
the Secretary may pay to that physician or dentist, in addition to basic 
pay, retention pay under this subsection.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (2) The annual rate of such retention pay for any individual may not 
exceed the rate which, when added to the rate of basic pay payable to 
that individual, is equal to the sum of the annual rate of basic pay and 
the annual rate of special pay paid to that physician or dentist 
pursuant to the final agreement with that individual under such section 
4118.\1\
    (3) Such retention pay shall be treated for all purposes as special 
pay paid under subchapter III of chapter 74 of this title.
    (4) Retention pay under this subsection shall be paid under such 
regulations as the Secretary may prescribe.

(Added Pub. L. 102-40, title I, Sec. 102, May 7, 1991, 105 Stat. 188; 
amended Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 
Stat. 1984.)

                       References in Text

    For the effective date of this subchapter, referred to in subsec. 
(g)(1), see section 104 of Pub. L. 102-40, set out as an Effective Date 
note below.
    Section 4118 of this title, referred to in subsec. (g)(1), (2), was 
repealed by Pub. L. 102-40, title IV, Sec. 401(a)(3), May 7, 1991, 105 
Stat. 210.


                            Prior Provisions

    Provisions similar to those in this subchapter were contained in 
section 4118 of this title prior to the repeal of that section as part 
of the complete revision of chapter 73 of this title by Pub. L. 102-40.


                               Amendments

    1992--Subsecs. (a), (c), (d)(1), (e). Pub. L. 102-405 substituted 
``Under Secretary for Health'' for ``Chief Medical Director'' wherever 
appearing.


                             Effective Date

    Section 104 of Pub. L. 102-40 provided that:
    ``(a) Effective Date.--Subchapter III of chapter 74 of title 38, 
United States Code, as added by section 102, shall take effect on the 
first day of the first pay period beginning after the earlier of--
        ``(1) July 1, 1991; or
        ``(2) the end of the 90-day period beginning on the date of the 
    enactment of this Act [May 7, 1991].
    ``(b) Transitions Provisions.--(1) In the case of an agreement 
entered into under section 4118 of title 38, United States Code [former 
section 4118 of this title], before the date of the enactment of this 
Act [May 7, 1991] that expires after the effective date specified in 
subsection (a), the Secretary of Veterans Affairs and the physician or 
dentist concerned may agree to terminate that agreement as of that 
effective date in order to permit a new agreement under subchapter III 
of chapter 74 of title 38, United States Code, as added by section 102, 
to take effect as of that effective date.
    ``(2) In the case of an agreement entered into under section 4118 of 
title 38, United States Code, before the date of the enactment of this 
Act that expires during the period beginning on the date of the 
enactment of this Act and ending on the effective date specified in 
subsection (a), an extension or renewal of that agreement may not extend 
beyond that effective date.
    ``(3) In the case of a physician or dentist who begins employment 
with the Department of Veterans Affairs during the period beginning on 
the date of the enactment of this Act and ending on the effective date 
specified in subsection (a) who is eligible for an agreement under 
section 4118 of title 38, United States Code, any such agreement may not 
extend beyond that effective date.
    ``(c) Savings Provision.--Except as provided in subsection (b)(1), 
any agreement entered into under section 4118 of title 38, United States 
Code, before the effective date specified in subsection (a) shall remain 
in effect in accordance with its terms and shall be treated for all 
purposes in accordance with such section as in effect on the day before 
such effective date.
    ``(d) Prohibition of Retroactive Agreements.--An agreement entered 
into under subchapter III of chapter 74 of title 38, United States Code, 
as added by section 102, may not provide special pay with respect to a 
period before the effective date specified in subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in sections 7432, 7434, 7436 of this 
title.
