Page:United States Statutes at Large Volume 92 Part 3.djvu/387

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-603—NOV. 6, 1978 "(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 who is paid under— "(A) section 5332 of this title, relating to the General Schedule; "(B) section 5361 of this title, or similar statutory authority, relating to administratively determined pay for certain specially qualified scientific or professional personnel; "(C) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b), relating to the Tennessee Valley Authority; "(D) title 4 of the Foreign Service Act of 1946 (22 U.S.C. 861-890), relating to the Foreign Service; " (E) section 10 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403]), relating to the Central Intelligence Agency; " (F) section 121 of title 2 of the Canal Zone Code, relating to the Canal Zone Government and the Panama Canal Company; or "(G) 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; and "(2) 'agency' means an Executive agency, as defined in section 106 of this title, 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.".

92 STAT. 3019

"Government physician." 5 USC 5332. 5 USC 5361.

^

"Agency."

5 USC 5551, 5595, 8101 et seq., 8301 et seq., ^^^1 ^^ ^^1TVA administration,