[Congressional Record Volume 146, Number 141 (Tuesday, October 31, 2000)]
[House]
[Pages H11697-H11699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     FEDERAL PHYSICIANS COMPARABILITY ALLOWANCE AMENDMENTS OF 2000

  Mrs. MORELLA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 207) to amend title 5, United States Code, to provide that 
physicians comparability allowances be treated as part of basic pay for 
retirement purposes, as amended.
  The Clerk read as follows:

                                H.R. 207

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Physicians 
     Comparability Allowance Amendments of 2000''.

     SEC. 2. AUTHORITY MADE PERMANENT.

       (a) In General.--
       (1) Amendment to title 5, united states code.--The second 
     sentence of section 5948(d) of title 5, United States Code, 
     is repealed.
       (2) Amendment to the federal physicians comparability 
     allowance act of 1978.--Section 3 of the Federal Physicians 
     Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is 
     repealed.
       (b) Technical and Conforming Amendments.--Section 5948 of 
     title 5, United States Code, is amended--
       (1) by repealing paragraph (2) of subsection (j); and
       (2) in subsection (j)(1)--
       (A) by striking ``(j)(1)'' and inserting ``(j)'';
       (B) by redesignating subparagraphs (A) through (E) as 
     paragraphs (1) through (5), respectively; and
       (C) in paragraph (5) (as so redesignated by this paragraph) 
     by striking ``subparagraph (B)'' and inserting ``paragraph 
     (2)''.

     SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR 
                   RETIREMENT PURPOSES.

       (a) Definition of Basic Pay.--Section 8331(3) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (F) by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (G) by inserting ``and'' after the 
     semicolon;
       (3) by inserting after subparagraph (G) the following:
       ``(H) any amount received under section 5948 (relating to 
     physicians comparability allowances);''; and
       (4) in the matter following subparagraph (H) (as added by 
     paragraph (3)) by striking ``through (G)'' and inserting 
     ``through (H)''.
       (b) Civil Service Retirement System.--
       (1) Computation rules.--Section 8339 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(s)(1) For purposes of this subsection, the term 
     `physicians comparability allowance' refers to an amount 
     described in section 8331(3)(H).
       ``(2) Except as otherwise provided in this subsection, no 
     part of a physicians comparability allowance shall be treated 
     as basic pay for purposes of any computation under this 
     section unless, before the date of the separation on which 
     entitlement to annuity is based, the separating individual 
     has completed at least 15 years of service as a Government 
     physician (whether performed before, on, or after the date of 
     enactment of this subsection).
       ``(3) If the condition under paragraph (2) is met, then, 
     any amounts received by the individual in the form of a 
     physicians comparability allowance shall (for the purposes 
     referred to in paragraph (2)) be treated as basic pay, but 
     only to the extent that such amounts are attributable to 
     service performed on or after the date of enactment of this 
     subsection, and only to the extent of the percentage 
     allowable, which shall be determined as follows:

``If the total amount of service performed, on or after the date of 
  enactment of this subsection, allowable is: as a Government physician 
  is:                                Then, the percentage allowable is:
  Less than 2 years................................................0   
  At least 2 but less than 4 years................................25   
  At least 4 but less than 6 years................................50   
  At least 6 but less than 8 years................................75   
  At least 8 years...............................................100.  

       ``(4) Notwithstanding any other provision of this 
     subsection, 100 percent of all amounts received as a 
     physicians comparability allowance shall, to the extent 
     attributable to service performed on or after the date of 
     enactment of this subsection, be treated as basic pay 
     (without regard to any of the preceding provisions of this 
     subsection) for purposes of computing--
       ``(A) an annuity under subsection (g); and
       ``(B) a survivor annuity under section 8341, if based on 
     the service of an individual who dies before separating from 
     service.''.
       (2) Government physician defined.--Section 8331 of title 5, 
     United States Code, is amended by striking ``and'' at the end 
     of paragraph (26), by striking the period at the end of 
     paragraph (27) and inserting ``; and'', and by adding at the 
     end the following:
       ``(28) `Government physician' has the meaning given that 
     term under section 5948.''.
       (c) Federal Employees' Retirement System.--
       (1) Computation rules.--Section 8415 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) For purposes of this subsection, the term 
     `physicians comparability allowance' refers to an amount 
     described in section 8331(3)(H).
       ``(2) Except as otherwise provided in this subsection, no 
     part of a physicians comparability allowance shall be treated 
     as basic pay for purposes of any computation under this 
     section unless, before the date of the separation on which 
     entitlement to annuity is based, the separating individual 
     has completed at least 15 years of service as a Government 
     physician (whether performed before, on, or after the date of 
     enactment of this subsection).
       ``(3) If the condition under paragraph (2) is met, then, 
     any amounts received by the individual in the form of a 
     physicians comparability allowance shall (for the purposes 
     referred to in paragraph (2)) be treated as basic pay, but 
     only to the extent that such amounts are attributable to 
     service performed on or after the date of enactment of this 
     subsection, and only to the extent of the percentage 
     allowable, which shall be determined as follows:


[[Page H11698]]


``If the total amount of service performed, on or after the date of 
  enactment of this subsection, allowable is: as a Government physician 
  is:                                Then, the percentage allowable is:
  Less than 2 years................................................0   
  At least 2 but less than 4 years................................25   
  At least 4 but less than 6 years................................50   
  At least 6 but less than 8 years................................75   
  At least 8 years...............................................100.  

       ``(4) Notwithstanding any other provision of this 
     subsection, 100 percent of all amounts received as a 
     physicians comparability allowance shall, to the extent 
     attributable to service performed on or after the date of 
     enactment of this subsection, be treated as basic pay 
     (without regard to any of the preceding provisions of this 
     subsection) for purposes of computing--
       ``(A) an annuity under section 8452; and
       ``(B) a survivor annuity under subchapter IV, if based on 
     the service of an individual who dies before separating from 
     service.''.
       (2) Government physician defined.--Section 8401 of title 5, 
     United States Code, is amended by striking ``and'' at the end 
     of paragraph (32), by striking the period at the end of 
     paragraph (33) and inserting ``; and'', and by adding at the 
     end the following:
       ``(34) the term `Government physician' has the meaning 
     given such term under section 5948.''.
       (d) Conforming Amendment.--Section 5948(h)(1) of title 5, 
     United States Code, is amended by striking ``chapter 81, 83, 
     or 87'' and inserting ``chapter 81 or 87''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Maryland (Mrs. Morella) and the gentleman from Maryland (Mr. Cummings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Maryland (Mrs. Morella).

                              {time}  2145


                             General Leave

  Mrs. MORELLA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 207.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Maryland?
  There was no objection.
  Mrs. MORELLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased that we are considering H.R. 207, as 
amended. This important bill makes two critical changes that will allow 
for better pay comparability for Federal physicians. The first change, 
which was not part of the original H.R. 207, would include a permanent 
extension of the Physicians Comparability Allowance. This will 
eliminate the need to reauthorize the language every 3 years.
  The bill would also include a physician's PCA in his or her average 
pay for purposes of computing retirement. Presently the ``high-three'' 
that is used to calculate a title 5 physician's retirement annuity does 
not include the additional PCA component of his or her salary. Again, 
when I say PCA, I mean the Physicians Comparability Allowance.
  In title 37, which governs the Uniformed Services and the military, 
bonus pay is counted as part of base pay for calculation of retirement 
benefits. Title 38, which governs the Veterans Affairs, also allows 
physicians who, in this case, have served at least 15 years to count 
their bonus compensation as part of basic pay for retirement purposes.
  Thus, my bill does not create any unique benefit. It only allows 
title 5 physicians to receive the same benefit that other Federal 
physicians receive.
  In 1978, Congress first responded to the critical shortage of Federal 
physicians and the gap in income for civil service physicians, as 
compared to the Department of Defense and Veterans Affairs physicians. 
And it responded to it by enacting the Physicians Comparability Act of 
1978. This bill provided for a maximum of $10,000 a year in special pay 
to civil service physicians. The present maximum is $30,000.
  Since the PCA was originally passed, there have been several 
extensions in the authority, most recently in 1998. But the uncertainty 
of PCA reauthorization every 3 years makes it quite difficult for 
agencies to negotiate contracts with physicians.
  Agencies are often forced to delay negotiations with physicians, and 
delays in negotiations are a disincentive to potential candidates, and 
they lead to increased administrative burden for the agency.
  In the event that the Congress does not reauthorize PCA, the 
different agencies must create contingency plans for each contract 
negotiation. The increased administrative burden as well as the 
recruitment disincentives posed by these uncertainties would be 
eliminated by making PCA a permanent authority. We cannot allow our 
best Federal physicians to defect to the private sector. The work they 
do is just simply too important.
  Title 5 Federal physicians eligible for the PCA are working on cures 
for AIDS, cancer, and heart disease, and they protect the safety of 
food and drugs. They also provide medical care to Defense and State 
Department employees and dependents, airline pilots, astronauts, Native 
Americans and Federal prisoners.
  The PCA gives agencies such as NIH, CDC and the FDA the flexibility 
to attract physicians from diverse backgrounds into mission-critical 
fields that are not predicated toward single-population groups. The 
traditional battlefield specialties of title 37 and title 38 physicians 
do not represent the future medical staff diversity needs.
  In considering the pool of potential future applicants, statistics 
indicate that 40 percent of those entering medical schools are now 
women. The majority of these female graduates indicate pursuit of 
fields such as pediatrics, psychiatry, and internal medicine. Thus the 
PCA is a fair and effective tool for maintaining diversity among 
Federal physicians.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is critical that the Federal Government be able to 
recruit and retain the best and brightest in the field of medicine. I 
thus commend the gentlewoman from Maryland (Mrs. Morella) for having 
the foresight to introduce H.R. 207 to address an inequity.
  The government cannot pay civil service physicians on the same scale 
as physicians employed in hospitals, HMOs, and universities. The 
Physicians Comparability Act enacted by Congress in 1978 provides 
Federal physicians with additional compensation to offset their lower 
pay and to ensure that the government can recruit and retain well-
qualified physicians.
  H.R. 207 would permanently extend authority for the Physicians 
Comparability Allowance to eliminate the need to reauthorize the 
legislation every 3 years.
  H.R. 207 would also amend title 5 to authorize the PCA to be included 
as part of basic pay for retirement purposes for all civil service 
physicians. Under current law, depending on the Federal agency that 
hired them, only certain physicians receiving comparability pay are 
allowed to have the amount included in the calculations for retirement 
pay. H.R. 207 would erase this inequity and ensure that the government 
treats comparability pay the same for all Federal physicians.
  This legislation will not only help retain over 3,000 Federal-
employed physicians who were awarded PCAs last year, but will help the 
Federal Government recruit highly trained physicians to join their 
ranks.
  The government's ability to attract highly qualified physicians at 
such agencies as the Food and Drug Administration, the National 
Institutes of Health, and the Substance Abuse and Mental Health 
Services Administration, is one of the reasons that the United States 
has led the world in medical research advances.
  I would like to remind my colleagues, however, that we have an 
obligation as lawmakers to ensure that these medical advances benefit 
all Americans regardless of race. As such, it gives me great pleasure 
to know that we have just passed Senate bill, S. 1880, to authorize 
these very institutions, our Nation's medical centers, to collaborate 
in an effort to eliminate racial and ethnic disparities in health.
  Our Nation is in a ``race for the cure.'' The entry into this contest 
should not be dependent on one's race, but must be based on one's 
humanity. Winning the race for a quality healthy life must be a victory 
for every citizen no matter the race or ethnicity or the socioeconomic 
status.
  As we move closer to crossing that victory line, we must all work 
toward a meaningful improvement in the lives of minorities who now 
suffer disproportionately from the burden of disease and disability.

[[Page H11699]]

  Further, as the bill before us, H.R. 207, provides, we must also 
ensure that those physicians that have our lives in their hands are 
treated fairly and equitably.
  This bill is supported by the Federal Physicians Association, the 
American Medical Association, and the American Academy of Family 
Physicians, and the National Treasury Employees Union.
  Mr. Speaker, I urge all of our Members to join me and give this bill 
their support.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. MORELLA. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, in 1997, I commissioned a GAO study to review the PCA 
and its usefulness, and the report that was submitted confirmed that 
the Physicians Comparability Allowance is critical. In addition, H.R. 
207 has been endorsed, as we have heard, by the American Medical 
Association, the American Osteopathic Association, the American Academy 
of Family Physicians, a number of State Medical Societies, as well as a 
number of our employee unions.
  In the last several years, I have heard from thousands of Federal 
physicians across the country who have stated very clearly that, 
without the PCA, they would have chosen a different career. The 
permanent PCA extension, coupled with the inclusion of a physician's 
PCA in his or her average pay for purposes of computing retirement, 
demonstrates that Congress is serious about maintaining the quality of 
care that presently exists within our Federal agencies.
  The government cannot pay physicians on the same scale as physicians 
employed in hospitals, HMOs, and universities. But passage of H.R. 207 
shows that the government will make every effort to recruit and retain 
highly trained and well-qualified physicians. I certainly applaud its 
passage this evening.
  I do want to take this opportunity to thank the gentleman from 
Florida (Mr. Scarborough), the chairman of the Subcommittee on Civil 
Service, his staff director Gary Ewing, as well as the gentleman from 
Indiana (Chairman Burton) of the Committee on Government Reform and 
Oversight and his staff aid Dan Moll for their support in expediting 
consideration of the resolution.
  I also want to thank the gentleman from Maryland (Mr. Cummings), the 
ranking member of the Subcommittee on Civil Service, the gentleman from 
California (Mr. Waxman), ranking member of the Committee on Government 
Reform and Oversight, for their support.
  In addition, Ted Newland and Harry Wolf of OPM were very helpful in 
working with us to recraft this legislation to ensure that there were 
no inequities written into the bill. I also want to point out the 
instrumental roles that Dennis Boyd and Richard Granville played in 
drafting and helping us to pass this legislation. Finally, I have to 
thank my diligent staff assistance, Jordi Hannum, and Ed Leong of 
Legislative Counsel for his tireless efforts in advising my staff.
  So I ask for unanimous passage of this very important legislation.
  Mr. DAVIS of Virginia. Mr. Speaker, I am very happy to be able to 
rise today in support of my good friend from Maryland, Mrs. Morella's 
bill, that will help improve pay and retirement conditions for 
physicians employed by the Federal Government.
  The bill, H.R. 207, corrects a number of problems with the current 
pay structure for Title 5 physicians. For one, it would permanently 
extend the Physicians Comparability Allowance (PCA), eliminating the 
need to reauthorize this language every three years. Additionally, the 
bill would include the physician's PCA as part of their base, average 
pay for the purpose of computing their retirement benefits, thus 
allowing them to boost their retirement contributions. This is not a 
new, unique benefit for physicians in the federal government, this is 
simply extending a formula Title 37 and 38 physicians have had for 
years.
  H.R. 207 is a bill seeking pay equity for all physicians within the 
federal government. It is important to note that physicians under Title 
5 are the same that are working on cures for cancer, AIDS, and heart 
disease; protecting the safety of our food and prescription drugs; and 
providing direct medical care to federal employees, and their 
dependents, in the State and Defense Departments. It is truly 
unfortunate that the government cannot pay physicians on the same scale 
as the private sector, but amending the PCA for Title 5 physicians will 
provide some compensation to offset the loss in income they have 
willingly accepted to become public servants.
  I ask all my colleagues to join the American Medical Association, the 
American Academy of Family Physicians, and a continually growing list 
of State medical societies (including my home state of Virginia), in 
supporting this important legislation. I want to thank the gentlelady 
from Maryland for her persistence and leadership on this matter, and 
hope this bill will be supported by this House.
  Mrs. MORELLA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Sununu). The question is on the motion 
offered by the gentlewoman from Maryland (Mrs. Morella) that the House 
suspend the rules and pass the bill, H.R. 207, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read:
       ``A bill to amend title 5, United States Code, to make 
     permanent the authority under which comparability allowances 
     may be paid to Government physicians, and to provide that 
     such allowances be treated as part of basic pay for 
     retirement purposes.''.

  A motion to reconsider was laid on the table.

                          ____________________