dreamproit/uscode huggingface dataset:
5 U.S.C. § 5344 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5344. Effective date of wage increase; retroactive pay
(a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
(b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—
(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or
(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.
For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.
(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 568.)
heading: Prior Provisions
text: Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471 (formerly classified to section 5343 of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.
5 U.S.C. § 5345 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
[§ 5345. Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]
text: Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment.
text: A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for position classification appeals, was omitted in the general amendment of this subchapter, and is covered by section 5346(c) of this title.
heading: Effective Date of Repeal
text: Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
5 U.S.C. § 5348 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5348. Crews of vessels
(a) Except as provided by subsection (b) of this section, the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry.
(b) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.
(Pub. L. 89–544, Sept. 6, 1966, 80 Stat. 471, § 5348, formerly § 5342; renumbered and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(3)(C), Sept. 23, 1996, 110 Stat. 2868.)
heading: Amendments
text: 1996—Subsec. (a). Pub. L. 104–201, § 3548(a)(3)(C)(iii), substituted “subsection (b)” for “subsections (b) and (c)”.
Subsecs. (b), (c). Pub. L. 104–201, § 3548(a)(3)(C)(i), (ii), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Vessel employees of the Panama Canal Commission may be paid in accordance with the wage practices of the maritime industry.”
1979—Subsec. (b). Pub. L. 96–70 substituted “Commission” for “Company”.
1972—Subsec. (a). Pub. L. 92–392 inserted reference to subsection (c) of this section.
Subsec. (c). Pub. L. 92–392 added subsec. (c).
heading: Effective Date of 1979 Amendment
text: Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
heading: Effective Date of 1972 Amendment
text: Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title.
heading: Limitation on Pay Adjustments
text: For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see provisions set out as notes under section 5343 of this title.
5 U.S.C. § 5351 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5351. Definitions
For the purpose of this subchapter—
(1) “agency” means an Executive agency, a military department, and the government of the District of Columbia; and
(2) “student-employee” means—
(A) a student nurse, medical or dental intern, resident-in-training, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and
(B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1052.
Aug. 4, 1947, ch. 452, § 2, 61 Stat. 727.
The section is restated in definition form. In paragraph (1), the words “an Executive agency, a military department” are coextensive with and substituted for “department, agency, or instrumentality of the Federal Government” in view of the definitions in sections 105 and 102.
The exception from the Classification Act of 1923, as amended, is omitted as obsolete and superseded by the Classification Act of 1949, as amended, which is carried into this title. The present exception from the Classification Act of 1949, as amended, is carried into section 5102(c)(16).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Par. (2)(B). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
5 U.S.C. § 5352 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5352. Stipends
The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(7), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1051 (1st sentence).
Aug. 4, 1947, ch. 452, § 3 (1st sentence), 61 Stat. 727.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
1968—Pub. L. 90–623 inserted “, and the District of Columbia Council with respect to the government of the District of Columbia,” after “head of each agency” and substituted “its” for “his”.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
heading: Transfer of Functions
text: District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198.
5 U.S.C. § 5353 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5353. Quarters, subsistence, and laundry
An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(8), Oct. 22, 1968, 82 Stat. 1312.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1051 (less 1st sentence).
Aug. 4, 1947, ch. 452, § 3 (less 1st sentence), 61 Stat. 727.
The section is restated for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1968—Pub. L. 90–623 inserted “, and the District of Columbia Council with respect to the government of the District of Columbia,” after “head of the agency concerned”.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
heading: Transfer of Functions
text: District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198.
5 U.S.C. § 5354 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5354. Effect of detail or affiliation; travel expenses
(a) Status as a student-employee is not terminated by a temporary detail to or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this subchapter from the hospital, clinic, or laboratory to which he is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency.
(b) When the detail or affiliation under subsection (a) of this section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of chapter 57 of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1055.
Aug. 4, 1947, ch. 452, § 6, 61 Stat. 728.
In subsection (b), the reference to “subchapter I of chapter 57 of this title” is substituted for the reference to “the Standardized Government Travel Regulations and the provisions of the Subsistence Expense Act of 1926, as amended” as the Subsistence Expense Act of 1926 was repealed by section 9(a) of the Travel Expense Act of 1949, 63 Stat. 167, part of which appeared in former section 842 and is carried into section 5708, and as the authority for the Standardized Government Travel Regulations in former section 840 is carried into section 5707 of subchapter I of chapter 57.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5355 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5355. Effect on other statutes
This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by chapter 73 of title 38.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 102–54, § 13(b)(3), June 13, 1991, 105 Stat. 274.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1057.
Aug. 4, 1947, ch. 452, § 8, 61 Stat. 728.
June 17, 1957, Pub. L. 85–56, § 2201(19), 71 Stat. 159.
Sept. 2, 1958, Pub. L. 85–857, § 13(m), 72 Stat. 1265.
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1991—Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
5 U.S.C. § 5356 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5356. Appropriations
Funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1058.
Aug. 4, 1947, ch. 452, § 9, 61 Stat. 728.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5364 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5364. Remedial actions
Under regulations prescribed by the Office of Personnel Management, the Office may require any agency—
(1) to report to the Office information with respect to vacancies (including impending vacancies);
(2) to take such steps as may be appropriate to assure employees receiving benefits under section 5362 or 5363 of this title have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections;
(3) to establish a program under which employees receiving benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and
(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.
(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1220.)
heading: Prior Provisions
text: A prior section 5364, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to miscellaneous positions in the executive branch, was renumbered section 5374 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
5 U.S.C. § 5366 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5366. Appeals
(a)
(1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal—
(A) under section 5112(b) or 5346(c) of this title, or otherwise, any reclassification of a position; or
(B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of chapter 71 of this title—
(1) any action which is the basis of an individual’s entitlement to benefits under this subchapter, and
(2) any termination of any such benefits under this subchapter,
shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.
(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1221.)
5 U.S.C. § 5371 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5371. Health care positions
(a) For the purposes of this section, “health care” means direct patient-care services or services incident to direct patient-care services.
(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 74 of title 38 shall apply—
(1) in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or
(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(2) which involves health care responsibilities.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5361; renumbered § 5371 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 101–509, title V, § 529 [title II, § 205(A)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102–378, § 2(31), Oct. 2, 1992, 106 Stat. 1350.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 1162(b).
Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(b)”, 75 Stat. 790.
Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(1), 76 Stat. 863.
The authority to fix rates of pay is added on authority of former section 1161, which is carried into section 3104.
For repeal of the Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended, see revision note for section 3104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–378 substituted “chapter 74” for “chapter 73” in introductory provisions and inserted “subchapter V of chapter 55,” after “61,” in pars. (1) and (2).
1990—Pub. L. 101–509 amended section generally, substituting designated provisions directing that Office of Personnel Management may provide that chapter 73 of title 38 provisions apply to certain health care professionals for undesignated text authorizing agency heads to fix pay rates for scientific and professional positions at between GS–16 and GS–18 rates.
1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
heading: Effective Date of 1978 Amendment
text: Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
5 U.S.C. § 5372a (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5372a. Contract appeals board members
(a) For the purpose of this section—
(1) the term “contract appeals board member” means a member of an agency board of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under section 7105(b)(2) of title 41; and
(2) the term “appeals board” means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41.
(b) Rates of basic pay for contract appeals board members shall be as follows:
(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule.
(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1).
(3) Other members of an appeals board—94 percent of the rate under paragraph (1).
(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.
(Added Pub. L. 101–509, title V, § 529 [title I, § 104(a)(2)], Nov. 5, 1990, 104 Stat. 1427, 1446; amended Pub. L. 109–163, div. A, title VIII, § 847(f)(1), Jan. 6, 2006, 119 Stat. 3395; Pub. L. 111–350, § 5(a)(9), Jan. 4, 2011, 124 Stat. 3841.)
heading: References in Text
text: Level IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in section 5315 of this title.
heading: Amendments
text: 2011—Subsec. (a)(1). Pub. L. 111–350, § 5(a)(9)(A), substituted “section 7105(a)(2), (c)(2), or (d)(2) of title 41” for “section 8 of the Contract Disputes Act of 1978” and “section 7105(b)(2) of title 41” for “section 42 of the Office of Federal Procurement Policy Act”.
Subsec. (a)(2). Pub. L. 111–350, § 5(a)(9)(B), substituted “section 7105(a)(1), (c)(1), or (d)(1) of title 41” for “section 8 of the Contract Disputes Act of 1978”.
2006—Subsec. (a)(1). Pub. L. 109–163 inserted “or a member of the Civilian Board of Contract Appeals appointed under section 42 of the Office of Federal Procurement Policy Act” after “of 1978”.
heading: Effective Date of 2006 Amendment
text: Pub. L. 109–163, div. A, title VIII, § 847(g), Jan. 6, 2006, 119 Stat. 3395, provided that: “Section 42 of the Office of Federal Procurement Policy Act, as added by this section, and the amendments and repeals made by this section [enacting section 438 of Title 41, Public Contracts, amending this section and sections 601 and 607 of Title 41, and enacting provisions set out as a note under section 607 of Title 41], shall take effect 1 year after the date of the enactment of this Act [Jan. 6, 2006].”
heading: Effective Date
text: Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.