
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5948]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
                 SUBCHAPTER IV--MISCELLANEOUS ALLOWANCES
 
Sec. 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, section 5307, and 
such regulations 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) $14,000 per annum if, at the time the agreement is entered 
    into, the Government physician has served as a Government physician 
    for twenty-four months or less, or
        (2) $30,000 per annum if the Government physician has served as 
    a Government physician for more than twenty-four months.

For the purpose of determining length of service as a Government 
physician, service as a physician under section 4104 or 4114 \1\ of 
title 38 or active service as a medical officer in the commissioned 
corps of the Public Health Service under Title II of the Public Health 
Service Act (42 U.S.C. ch. 6A) shall be deemed service as a Government 
physician.
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    \1\ See References in Text note below.
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    (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 category 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 
service.
    (e) Unless otherwise provided for in the agreement under subsection 
(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 pursuant 
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 President 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 or dentist who is paid under--
            (A) section 5332 of this title, relating to the General 
        Schedule;
            (B) Subchapter VIII of chapter 53 of this title, relating to 
        the Senior Executive Service;
            (C) section 5371, relating to certain health care positions;
            (D) section 3 of the Tennessee Valley Authority Act of 1933 
        (16 U.S.C. 831b), relating to the Tennessee Valley Authority;
            (E) chapter 4 of title I of the Foreign Service Act of 1980 
        (22 U.S.C. 3961 and following), relating to the Foreign Service;
            (F) section 10 of the Central Intelligence Agency Act of 
        1949 (50 U.S.C. 403j), relating to the Central Intelligence 
        Agency;
            (G) section 1202 of the Panama Canal Act of 1979, relating 
        to the Panama Canal Commission;
            (H) section 2 of the Act of May 29, 1959 \2\ (Public Law 86-
        36, as amended, 50 U.S.C. 402 note), relating to the National 
        Security Agency;
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    \2\ See References in Text note below.
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            (I) section 5376, relating to certain senior-level 
        positions;
            (J) section 5377, relating to critical positions; or
            (K) subchapter IX of chapter 53, relating to special 
        occupational pay systems; and

        (2) ``agency'' means an Executive agency, as defined in section 
    105 of this title, the Library of Congress, and the District of 
    Columbia government.

    (h)(1) Any allowance paid under this section shall not be considered 
as basic pay for the purposes of subchapter VI and section 5595 of 
chapter 55, chapter 81 or 87 of this title, or other benefits related to 
basic pay.
    (2) Any allowance under this section for a Government physician 
shall be paid in the same manner and at the same time as the physician's 
basic pay is paid.
    (i) Any regulations, criteria, or conditions that may be prescribed 
under this section by the President or his designee shall not be 
applicable to the Tennessee Valley Authority, and the Tennessee Valley 
Authority shall have sole responsibility for administering the 
provisions of this section with respect to Government physicians 
employed by the Authority.
    (j) Not later than June 30 of each year, the President shall submit 
to each House of Congress a written report on the operation of this 
section. Each report shall include, with respect to the year covered by 
such report, information as to--
        (1) which agencies entered into agreements under this section;
        (2) the nature and extent of the recruitment or retention 
    problems justifying the use of authority by each agency under this 
    section;
        (3) the number of physicians with whom agreements were entered 
    into by each agency;
        (4) the size of the allowances and the duration of the 
    agreements entered into; and
        (5) the degree to which the recruitment or retention problems 
    referred to in paragraph (2) were alleviated under this section.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5307, 8331, 8401 of this 
title; title 24 section 225e; title 42 section 1395b-6.
