§ 7458. Recruitment and retention bonus pay

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Veterans

   Pub. L. 100–322 title II § 212(a)(s1) · 102 Stat. 487

   Enacted · 38 U.S.C. § 7458

   Added Pub. L. 100–322, title II, § 212(a)[(1)], May 20, 1988, 102 Stat. 514, § 4120

   Source evidence

   Code source credit
   Added Pub. L. 100–322, title II, § 212(a)[(1)], May 20, 1988, 102 Stat. 514, § 4120

   Enacted provision · exact public law section
   (a) Authority To Pay Bonus.— Chapter 73 is amended by inserting after section 4119 the following new section: “§ 4120. Recruitment and retention bonus pay for nurses and certain other health-care personnel “(a) (1) In order to recruit and retain registered nurses, the Administrator 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 Veteran’ Administration at, a Veteran’ Administration health-care facility that is designated by the Administrator 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 Veterans’ Administration 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 Administrator 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 Administrator 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 accordingly. “(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 Administrator 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 Administrator 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 Administrator, upon the recommendation of the Chief Medical Director, 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 Administrator 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 Administrator may enter into agreements under this Contracts. section with individuals in a health profession other than nursing (and other than a health profession for which special pay may be provided under section 4118 of this title) if the Administrator determines that there are significant problems with respect to recruitment and retention of employees in that health profession. The Administrator’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 Administrator 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 Administrator 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 Administrator shall prescribe regulations to carry out Regulations. this section.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4119 the following: “4210. Recruitment and retention bonus pay for nurses and certain other health-care personnel.”.

2. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 401(c)(4) · 105 Stat. 187

   Changed · 38 U.S.C. § 7458

   Pub. L. 102–40 renumbered section 4120 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 4120 of this title as this section.

   Enacted provision · exact public law section
   (4) Section 4120 of such title, as in effect on the day before the date of the enactment of this Act, is redesignated as section 7458, transferred to the end of subchapter IV of chapter 74 of that title, as added by subsection (b), and amended by striking out “section 4118 of this title” in subsection (f) and inserting in lieu thereof “subchapter III”.

3. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 401(c)(4) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7458(f)

   Pub. L. 102–40 substituted “subchapter III” for “section 4118 of this title”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40 substituted “subchapter III” for “section 4118 of this title”.

   Enacted provision · exact public law section
   (4) Section 4120 of such title, as in effect on the day before the date of the enactment of this Act, is redesignated as section 7458, transferred to the end of subchapter IV of chapter 74 of that title, as added by subsection (b), and amended by striking out “section 4118 of this title” in subsection (f) and inserting in lieu thereof “subchapter III”.

4. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7458(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

5. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7458(a)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

6. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7458(b)(1); 38 U.S.C. § 7458(c)(2); 38 U.S.C. § 7458(b)(e)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b)(1), (c)(2), (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

7. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 7458(f)

      Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   2. Substituted · 38 U.S.C. § 7458(f)

      Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places and “Secretary’s” for “Administrator’s”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7458(g)(1); 38 U.S.C. § 7458(g)(2); 38 U.S.C. § 7458(g)(h)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsecs. (g)(1), (2), (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 1992

   Veterans’ Medical Programs Amendments of 1992

   Pub. L. 102–405 title III § 302(c)(1) · 106 Stat. 1972

   Substituted · 38 U.S.C. § 7458(e)

   Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

   Enacted provision · exact public law section
   (1) Title 38, United States Code, is amended by striking out “Chief Medical Director” and “Chief Benefits Director” each place they appear (including in headings and tables but not including the sentences added by paragraphs (2) and (3)) and inserting in lieu thereof “Under Secretary for Health” and “Under Secretary for Benefits”, respectively.

10. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(h)(4) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 7458

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (4) The heading of section 7458 is amended to read as follows: “§ 7458. Recruitment and retention bonus pay”.

11. 2008

    Veterans’ Mental Health and Other Care Improvements Act of 2008

    Pub. L. 110–387 title IX § 901(a)(6) · 122 Stat. 4110

    Substituted · 38 U.S.C. § 7458(b)(2)

    Pub. L. 110–387 substituted “pro-rated” for “pro rated”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–387 substituted “pro-rated” for “pro rated”.

    Enacted provision · exact public law section
    (6) in section 7458(b)(2), by striking “pro rated” and inserting “pro-rated”;

12 of 12 references resolved to an enrolled provision