dreamproit/uscode huggingface dataset:
5 U.S.C. § 9812 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9812. Annual leave enhancements
(a) In this section—
(1) the term “newly appointed employee” means an individual who is first appointed—
(A) as an employee of the Federal Government; or
(B) as an employee of the Federal Government following a break in service of at least 90 days after that individual’s last period of Federal employment, other than—
(i) employment under the Student Educational Employment Program administered by the Office of Personnel Management;
(ii) employment as a law clerk trainee;
(iii) employment under a short-term temporary appointing authority while a student during periods of vacation from the educational institution at which the student is enrolled;
(iv) employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or
(v) employment under a temporary appointment that is neither full-time nor the principal employment of the individual;
(2) the term “period of qualified non-Federal service” means any period of service performed by an individual that—
(A) was performed in a position the duties of which were directly related to the duties of the position in the Administration which that individual will fill as a newly appointed employee; and
(B) except for this section, would not otherwise be service performed by an employee for purposes of section 6303; and
(3) the term “directly related to the duties of the position” means duties and responsibilities in the same line of work which require similar qualifications.
(b)
(1) For purposes of section 6303, the Administrator may deem a period of qualified non-Federal service performed by a newly appointed employee to be a period of service of equal length performed as an employee.
(2) A decision under paragraph (1) to treat a period of qualified non-Federal service as if it were service performed as an employee shall continue to apply so long as that individual serves in or under the Administration.
(c)
(1) Notwithstanding section 6303(a), the annual leave accrual rate for an employee of the Administration in a position paid under section 5376 or 5383, or for an employee in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period.
(2) The accrual rate established under this subsection shall continue to apply to the employee so long as such employee serves in or under the Administration.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 472.)
heading: References in Text
text: GS–15, referred to in subsec. (c)(1), is contained in the General Schedule, which is set out under section 5332 of this title.
5 U.S.C. § 9814 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9814. Qualifications pay
(a) Notwithstanding section 5334, the Administrator may set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, if such employee—
(1) possesses unusually high or unique qualifications; and
(2) is assigned—
(A) new duties, without a change of position; or
(B) to a new position.
(b) If an exercise of the authority under this section relates to a current employee selected for another position within the Administration, a determination shall be made that the employee’s contribution in the new position will exceed that in the former position, before setting pay under this section.
(c) Pay as set under this section is basic pay for such purposes as pay set under section 5334.
(d) If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under chapter 53.
(e) Before setting any employee’s pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—
(1) criteria for approval of actions to set pay under this section;
(2) the level of approval required to set pay under this section;
(3) all types of actions and positions to be covered;
(4) the relationship between the exercise of authority under this section and the use of other pay incentives; and
(5) a process to evaluate the effectiveness of this section.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 474.)
heading: References in Text
text: The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
5 U.S.C. § 9901 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9901. Definitions
For purposes of this chapter—
(1) the term “Director” means the Director of the Office of Personnel Management; and
(2) the term “Secretary” means the Secretary of Defense.
(Added Pub. L. 108–136, div. A, title XI, § 1101(a)(1), Nov. 24, 2003, 117 Stat. 1621.)
heading: Impact on Department of Defense Civilian Personnel
text: Pub. L. 108–136, div. A, title XI, § 1101(b), Nov. 24, 2003, 117 Stat. 1633, provided that:
“(1) Any exercise of authority under chapter 99 of such title [this chapter] (as added by subsection (a)), including under any system established under such chapter, shall be in conformance with the requirements of this subsection.
“(2) No other provision of this Act [see Tables for classification] or of any amendment made by this Act may be construed or applied in a manner so as to limit, supersede, or otherwise affect the provisions of this section [enacting this chapter], except to the extent that it does so by specific reference to this section.”
5 U.S.C. § 9904 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9904. Special pay and benefits for certain employees outside the United States
The Secretary may provide to certain civilian employees of the Department of Defense assigned to activities outside the United States as determined by the Secretary to be in support of Department of Defense activities abroad hazardous to life or health or so specialized because of security requirements as to be clearly distinguishable from normal Government employment—
(1) allowances and benefits—
(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (Public Law 96–465, 22 U.S.C. 4081 et seq.) or any other provision of law; or
(B) comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and
(2) special retirement accrual benefits and disability in the same manner provided for by the Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) and in section 18 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403r).1
(Added Pub. L. 108–136, div. A, title XI, § 1101(a)(1), Nov. 24, 2003, 117 Stat. 1633.)
heading: References in Text
text: The Foreign Service Act of 1980, referred to in par. (1)(A), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended. Chapter 9 of title I of the Act is classified generally to subchapter IX (§ 4081 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.
The Central Intelligence Agency Act of 1949, referred to in par. (2), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 46 (§ 3501 et seq.) of Title 50. Section 18 of the Act is now classified to section 3518 of Title 50. For complete classification of this Act to the Code, see Tables.
heading: Change of Name
text: Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.
5 U.S.C. § 10101 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10101. Definitions
For purposes of this chapter—
(1) the term “Agency” means the Federal Emergency Management Agency;
(2) the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
(3) the term “appropriate committees of Congress” has the meaning given the term in section 602 of the Post-Katrina Emergency Management Reform Act of 2006;
(4) the term “Department” means the Department of Homeland Security; and
(5) the term “Surge Capacity Force” refers to the Surge Capacity Force, described under section 624 of the Post-Katrina Emergency Management Reform Act of 2006.
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1411.)
heading: References in Text
text: Section 602 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (3), is classified to section 701 of Title 6, Domestic Security.
Section 624 of the Post-Katrina Emergency Management Reform Act of 2006, referred to in par. (5), is classified to section 711 of Title 6, Domestic Security.
heading: Change of Name
text: Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security.
5 U.S.C. § 10103 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10103. Career paths
(a) In General.—
The Administrator shall—
(1) ensure that appropriate career paths for personnel of the Agency are identified, including the education, training, experience, and assignments necessary for career progression within the Agency; and
(2) publish information on the career paths described in paragraph (1).
(b) Education, Training, and Experience.—
The Administrator shall ensure that all personnel of the Agency are provided the opportunity to acquire the education, training, and experience necessary to qualify for promotion within the Agency, including, as appropriate, the opportunity to participate in the Rotation Program established under section 844 of the Homeland Security Act of 2002.
(c) Policy.—
The Administrator shall establish a policy for assigning Agency personnel to positions that provides for a balance between—
(1) the need for such personnel to serve in career enhancing positions; and
(2) the need to require service in a position for a sufficient period of time to provide the stability necessary—
(A) to carry out the duties of that position; and
(B) for responsibility and accountability for actions taken in that position.
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1413.)
heading: References in Text
text: Section 844 of the Homeland Security Act of 2002, referred to in subsec. (b), is classified to section 414 of Title 6, Domestic Security.
5 U.S.C. § 10104 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10104. Recruitment bonuses
(a) In General.—
The Administrator may pay a bonus to an individual in order to recruit the individual for a position within the Agency that would otherwise be difficult to fill in the absence of such a bonus. Upon completion of the strategic human capital plan, such bonuses shall be paid in accordance with that plan.
(b) Bonus Amount.—
(1) In general.—
The amount of a bonus under this section shall be determined by the Administrator, but may not exceed 25 percent of the annual rate of basic pay of the position involved.
(2) Form of payment.—
A bonus under this section shall be paid in the form of a lump-sum payment and shall not be considered to be part of basic pay.
(c) Service Agreements.—
Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement with the Agency. The agreement shall include—
(1) the period of service the individual shall be required to complete in return for the bonus; and
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(d) Eligibility.—
A bonus under this section may not be paid to an individual who is appointed to or holds—
(1) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(2) a position in the Senior Executive Service as a noncareer appointee (as defined in section 3132(a)); or
(3) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(e) Termination.—
The authority to pay bonuses under this section shall terminate 5 years after the date of enactment of this chapter.
(f) Reports.—
(1) In general.—
The Agency shall submit to the appropriate committees of Congress, annually for each of the 5 years during which this section is in effect, a report on the operation of this section.
(2) Contents.—
Each report submitted under this subsection shall include, with respect to the period covered by such report, a description of how the authority to pay bonuses under this section was used by the Agency, including—
(A) the number and dollar amount of bonuses paid to individuals holding positions within each pay grade, pay level, or other pay classification; and
(B) a determination of the extent to which such bonuses furthered the purposes of this section.
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1414.)
heading: References in Text
text: The date of enactment of this chapter, referred to in subsec. (e), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
5 U.S.C. § 10106 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10106. Quarterly report on vacancy rate in employee positions
(a) Initial Report.—
(1) In general.—
Not later than 3 months after the date of enactment of this chapter, the Administrator shall develop and submit to the appropriate committees of Congress a report on the vacancies in employee positions of the Agency.
(2) Contents.—
The report under this subsection shall include—
(A) vacancies of each category of employee position;
(B) the number of applicants for each vacancy for which public notice has been given;
(C) the length of time that each vacancy has been pending;
(D) hiring-cycle time for each vacancy that has been filled; and
(E) a plan for reducing the hiring-cycle time and reducing the current and anticipated vacancies with highly-qualified personnel.
(b) Quarterly Updates.—
Not later than 3 months after submission of the initial report, and every 3 months thereafter until 5 years after the date of enactment of this chapter, the Administrator shall submit to the appropriate committees of Congress an update of the report under subsection (a), including an assessment by the Administrator of the progress of the Agency in filling vacant employee positions of the Agency.
(Added Pub. L. 109–295, title VI, § 621(a), Oct. 4, 2006, 120 Stat. 1416.)
heading: References in Text
text: The date of enactment of this chapter, referred to in subsecs. (a)(1) and (b), is the date of enactment of Pub. L. 109–295, which was approved Oct. 4, 2006.
5 U.S.C. § 10202 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10202. Authorities
(a) In General.—
The Secretary is authorized to—
(1) fix and adjust rates of basic pay for members of the United States Secret Service Uniformed Division, subject to the requirements of this chapter;
(2) determine what constitutes an acceptable level of competence for the purposes of section 10205;
(3) establish and determine the positions at the Officer and Sergeant ranks to be included as technician positions; and
(4) determine the rate of basic pay of a member who is changed or demoted to a lower rank, in accordance with section 10208.
(b) Delegation of Authority.—
The Secretary is authorized to delegate to the designated agent or agents of the Secretary, any power or function vested in the Secretary under in 1 this chapter.
(c) Regulations.—
The Secretary may prescribe such regulations as may be necessary to administer this chapter.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3034.)
5 U.S.C. § 10204 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10204. Rate of pay for original appointments
(a) In General.—
Except as provided in subsection (b), all original appointments shall be made at the minimum rate of basic pay for the Officer rank set forth in the schedule in section 10203.
(b) Exception for Superior Qualifications or Special Need.—
The Director of the United States Secret Service or the designee of the Director may appoint an individual at a rate above the minimum rate of basic pay for the Officer rank based on the individual’s superior qualifications or a special need of the Government for the individual’s services.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3036.)
5 U.S.C. § 10205 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10205. Service step adjustments
(a) Definition.—
In this section, the term “calendar week of active service” includes all periods of leave with pay or other paid time off, and periods of non-pay status which do not cumulatively equal one 40-hour workweek.
(b) Adjustments.—
Each member whose current performance is at an acceptable level of competence shall have a service step adjustment as follows:
(1) Each member in service step 1, 2, or 3 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 52 calendar weeks of active service in the member’s service step.
(2) Each member in service step 4, 5, 6, 7, 8, 9, 10, or 11 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 104 calendar weeks of active service in the member’s service step.
(3) Each member in service step 12 shall be advanced successively to the next higher service step at the beginning of the first pay period immediately following the completion of 156 calendar weeks of active service in the member’s service step.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3036.)
5 U.S.C. § 10206 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10206. Technician positions
(a) In General.—
(1) Each member whose position is determined under section 10202(a)(3) to be included as a technician position shall, on or after such date, receive, in addition to the member’s scheduled rate of basic pay, an amount equal to 6 percent of the sum of such member’s rate of basic pay and the applicable locality-based comparability payment.
(2) A member described in this subsection shall receive the additional compensation authorized by this subsection until such time as the member’s position is determined under section 10202(a)(3) not to be a technician position, or until the member no longer occupies such position, whichever occurs first.
(3) The additional compensation authorized by this subsection shall be paid to a member in the same manner and at the same time as the member’s basic pay is paid.
(b) Exceptions.—
(1) Except as provided in paragraph (2), the additional compensation authorized by subsection (a)(1) shall be considered as basic pay for all purposes, including section 8401(4).
(2) The additional compensation authorized by subsection (a)(1) shall not be considered as basic pay for the purposes of—
(A) section 5304; or
(B) section 7511(a)(4).
(3) The loss of the additional compensation authorized by subsection (a)(1) shall not constitute an adverse action for the purposes of section 7512.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
5 U.S.C. § 10207 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10207. Promotions
(a) In General.—
Each member who is promoted to a higher rank shall receive basic pay at the same step at which such member was being compensated prior to the date of the promotion.
(b) Credit for Service.—
For the purposes of a service step adjustment under section 10205, periods of service at the lower rank shall be credited in the same manner as if it was service at the rank to which the employee is promoted.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
5 U.S.C. § 10208 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10208. Demotions
When a member is changed or demoted from any rank to a lower rank, the Secretary may fix the member’s rate of basic pay at the rate of pay for any step in the lower rank which does not exceed the lowest step in the lower rank for which the rate of basic pay is equal to or greater than the member’s existing rate of basic pay.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
5 U.S.C. § 10209 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10209. Clothing allowances
(a) In General.—
In addition to the benefits provided under section 5901, the Director of the United States Secret Service or the designee of the Director is authorized to provide a clothing allowance to a member assigned to perform duties in normal business or work attire purchased at the discretion of the employee. Such clothing allowance shall not to be treated as part of the member’s basic pay for any purpose (including retirement purposes) and shall not be used for the purpose of computing the member’s overtime pay, pay during leave or other paid time off, lump-sum payments under section 5551 or section 5552, workers’ compensation, or any other benefit. Such allowance for any member may be discontinued at any time upon written notification by the Director of the United States Secret Service or the designee of the Director.
(b) Maximum Amount Authorized.—
A clothing allowance authorized under this section shall not exceed $500 per annum.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3037.)
5 U.S.C. § 10210 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 10210. Reporting requirement
Not later than 3 years after the date of the enactment of this chapter, the Secretary shall prepare and transmit to Congress a report on the operation of this chapter. The report shall include—
(1) an assessment of the effectiveness of this chapter with respect to efforts of the Secretary to recruit and retain well-qualified personnel; and
(2) recommendations for any legislation or administrative action which the Secretary considers appropriate.
(Added Pub. L. 111–282, § 2(a), Oct. 15, 2010, 124 Stat. 3038.)
heading: References in Text
text: The date of the enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 111–282, which was approved Oct. 15, 2010.
6 U.S.C. § 102 (DOMESTIC SECURITY)
§ 102. Construction; severability
Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.
(Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.