(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 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. (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. 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. (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 (Public Law 86-36, as amended, 50 U.S.C. 402 note), relating to the National Security Agency; (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, 83, 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)(1) 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 (A) which agencies entered into agreements under this section; (B) the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section; (C) the number of physicians with whom agreements were entered into by each agency; (D) the size of the allowances and the duration of the agreements entered into; and (E) the degree to which the recruitment or retention problems referred to in subparagraph (B) were alleviated under this section. (2) 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. Subpart E-Attendance and Leave CHAPTER 61-HOURS OF WORK 6104. 6105. 6106. Time clocks; restrictions. 6120. Holidays; daily, hourly, and piece-work basis employees. SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULES Purpose. Definitions. Flexible schedules; credit hours; accumulation and compensation. 6121. 6122. 6123. Flexible schedules; agencies authorized to use. 6124. Flexible schedules; holidays. 6126. 6127. 6128. 6129. 6130. 6131. 6132. 6133. Compressed schedules; computation of premium pay. Administration of leave and retirement provisions. Application of programs in the case of collective bargaining agreements. Prohibition of coercion. Regulations; technical assistance; program review. SUBCHAPTER I-GENERAL PROVISIONS § 6101. Basic 40-hour workweek; work schedules; regulations (a)(1) For the purpose of this subsection, "employee" includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title, except as specifically provided under this paragraph. (2) The head of each Executive agency, military department, and of the government of the District of Columbia shall— (A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and (B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days. (3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially in 53-542 99-16 creased, he shall provide, with respect to each employee in his organization, that— (A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week (B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; (C) the working hours in each day in the basic workweek are the same; (D) the basic nonovertime workday may not exceed 8 hours; (E) the occurrence of holidays may not affect the designation of the basic workweek; and (F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday. (4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized. (5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress. (b)(1) For the purpose of this subsection, "agency" and "employee" have the meanings given them by section 5541 of this title. (2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee. (c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. [§ 6102. Repealed. Pub. L. 92-392, §7(a), Aug. 19, 1972, 86 Stat. 573.] § 6103. Holidays (a) The following are legal public holidays: New Year's Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in Washington's Birthday, the third Monday in February. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. |