
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: 38USC7458]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
          CHAPTER 74--VETERANS HEALTH ADMINISTRATION--PERSONNEL
 
      SUBCHAPTER IV--PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL
 
Sec. 7458. Recruitment and retention bonus pay

    (a)(1) In order to recruit and retain registered nurses, the 
Secretary may enter into agreements under this section. Such an 
agreement may be entered into with any registered nurse who is employed 
at, or who agrees to accept employment with the Department at, a 
Department health-care facility that is designated by the Secretary as a 
health-care facility with a significant shortage in registered nurses in 
any clinical service.
    (2) A registered nurse entering into an agreement under this section 
shall agree to remain employed by the Department as a registered nurse 
for a period of time to be specified in the agreement and to serve 
during that period in a specific health-care facility that is designated 
by the Secretary as a health-care facility with a significant shortage 
of registered nurses in that nurse's clinical service. Such period may 
not be less than two years or more than four years. Such employment 
during such period may be on a full-time basis or a part-time basis, as 
specified in the agreement. Part-time employment as specified in such an 
agreement may not be less than half-time.
    (b)(1) The Secretary shall pay to any nurse entering into an 
agreement under this section bonus pay in an amount specified in the 
agreement. The amount of such bonus pay may not exceed--
        (A) $2,000 per year, in the case of an agreement for two years,
        (B) $3,000 per year, in the case of an agreement for three 
    years, and
        (C) $4,000 per year, in the case of an agreement for four years.

    (2) In the case of an agreement for employment on less than a full-
time basis, the amount of bonus pay shall be pro rated \1\ accordingly.
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    \1\ So in original.
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    (c)(1) Except as provided in paragraph (2) of this subsection, a 
bonus under this section shall be paid in equal installments after each 
year of service is completed throughout the period of obligated service 
specified in the agreement.
    (2)(A) The Secretary may make a payment in an amount not in excess 
of 25 percent of the total bonus in a lump sum at the time that the 
period of obligated service commences under the agreement.
    (B) If the Secretary makes a lump-sum payment under subparagraph (A) 
of this paragraph, the remaining balance of the bonus shall be paid in 
equal installments after each year of service is completed throughout 
the period of obligated service specified in the agreement.
    (d)(1) A bonus paid to any individual under this section shall be in 
addition to any pay or allowance to which the individual is entitled.
    (2) The amount of a bonus paid under this section shall not be 
considered to be basic pay for the purposes of sections 5551, 5552, and 
5595 of title 5, chapters 81, 83, 84, and 87 of such title, or any other 
provision of law creating an entitlement to benefits based on basic pay.
    (e) At least once each year the Secretary, upon the recommendation 
of the Under Secretary for Health, shall determine the specific health-
care facilities and clinical services, if any, as to which there are 
significant problems with respect to the recruitment and retention of 
registered nurses. Upon making any such determination, the Secretary 
shall promptly notify the Committees on Veterans' Affairs of the Senate 
and the House of Representatives of the determination and the basis for 
the determination.
    (f) The Secretary may enter into agreements under this section with 
individuals in a health profession other than nursing (and other than a 
health profession for which special pay may be provided under subchapter 
III) if the Secretary determines that there are significant problems 
with respect to recruitment and retention of employees in that health 
profession. The Secretary's authority to enter into any such agreement 
under this section, and such agreement, shall be subject to the 
provisions of this section in the same manner as are the authority to 
enter into an agreement under this section with a registered nurse and 
such an agreement.
    (g)(1) Except as provided in paragraph (2) of this subsection, an 
individual who voluntarily, or because of misconduct, fails to perform 
services as assigned by the Secretary for the period of obligated 
service provided in an agreement under this section shall refund to the 
United States the amount by which the total amount of bonus payments 
received by that individual under this section exceeds the amount that 
such individual would have received under an agreement under this 
section to serve for the period of obligated service actually served (as 
determined at the time the agreement is entered into). If the period 
actually served is less than two years, the amount to be refunded is the 
entire amount paid to the individual.
    (2) An individual shall not be required to make a refund under 
paragraph (1) of this subsection if the Secretary determines, in 
accordance with regulations prescribed under subsection (h) of this 
section, that the individual's failure to perform services for the 
period of obligated service is due to circumstances (not including 
separation for cause) beyond the control of the individual.
    (3) An obligation to refund any portion of a bonus payment under 
this subsection is, for all purposes, a debt owed to the United States.
    (4) The provisions of this subsection and the specific amounts that 
the individual could be required to refund shall be disclosed to the 
individual at the time the agreement is entered into and shall be 
clearly set forth in the contract.
    (h) The Secretary shall prescribe regulations to carry out this 
section.

(Added Pub. L. 100-322, title II, Sec. 212(a)[(1)], May 20, 1988, 102 
Stat. 514, Sec. 4120; renumbered Sec. 7458 and amended Pub. L. 102-40, 
title IV, Sec. 401(c)(4), May 7, 1991, 105 Stat. 238; Pub. L. 102-83, 
Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; 
Pub. L. 102-405, title III, Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 
1984; Pub. L. 103-446, title XII, Sec. 1201(h)(4), Nov. 2, 1994, 108 
Stat. 4688.)


                               Amendments

    1994--Pub. L. 103-446 substituted ``Recruitment and retention bonus 
pay'' for ``Recruitment and retention bonus pay for nurses and certain 
other health-care personnel'' as section catchline.
    1992--Subsec. (e). Pub. L. 102-405 substituted ``Under Secretary for 
Health'' for ``Chief Medical Director''.
    1991--Pub. L. 102-40 renumbered section 4120 of this title as this 
section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    Subsecs. (b)(1), (c)(2), (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places and ``Secretary's'' 
for ``Administrator's''.
    Pub. L. 102-40 substituted ``subchapter III'' for ``section 4118 of 
this title''.
    Subsecs. (g)(1), (2), (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator''.
