dreamproit/uscode huggingface dataset:
5 U.S.C. § 8990 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8990. Studies, reports, and audits
(a) Each contract shall contain provisions requiring the qualified company to—
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
(c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
5 U.S.C. § 8991 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8991. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
5 U.S.C. § 8992 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8992. Administrative functions
(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
(b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
5 U.S.C. § 9005 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9005. Preemption
(a) Contractual Provisions.—
The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts.
(b) Premiums.—
(1) In general.—
No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter.
(2) Rule of construction.—
Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 107–104, § 2, Dec. 27, 2001, 115 Stat. 1001.)
heading: Editorial Notes
heading: Amendments
text: 2001—Pub. L. 107–104 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2001 Amendment
text: Amendment by Pub. L. 107–104 effective as if included in the enactment of section 1002 of Pub. L. 106–265, see section 3 of Pub. L. 107–104, set out as a note under section 9001 of this title.
5 U.S.C. § 9006 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9006. Studies, reports, and audits
(a) Provisions Relating to Carriers.—
Each master contract under this chapter shall contain provisions requiring the carrier—
(1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and
(2) to permit the Office and representatives of the Government Accountability Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter.
(b) Provisions Relating to Federal Agencies.—
Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require.
(c) Reports by the Government Accountability Office.—
The Government Accountability Office shall prepare and submit to the President, the Office of Personnel Management, and each House of Congress, before the end of the third and fifth years during which the program under this chapter is in effect, a written report evaluating such program. Each such report shall include an analysis of the competitiveness of the program, as compared to both group and individual coverage generally available to individuals in the private insurance market. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: Amendments
text: 2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Subsec. (c). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and two places in text.
5 U.S.C. § 9009 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9009. Cost accounting standards
The cost accounting standards issued pursuant to section 1502(a) and (b) of title 41 shall not apply with respect to a long-term care insurance contract under this chapter.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 769; amended Pub. L. 111–350, § 5(a)(19), Jan. 4, 2011, 124 Stat. 3842.)
heading: Editorial Notes
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “section 1502(a) and (b) of title 41” for “section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))”.
5 U.S.C. § 9201 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9201. Definitions
In this chapter—
(1) the term “agency” means “Executive agency” as such term is defined in section 105 and includes—
(A) the United States Postal Service and the Postal Regulatory Commission; and
(B) the Executive Office of the President;
(2) the term “appointing authority” means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
(3) the term “conditional offer” means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;
(4) the term “criminal history record information”—
(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a);
(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and
(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and
(5) the term “suspension” has the meaning given the term in section 7501.
(Added Pub. L. 116–92, div. A, title XI, § 1122(a), Dec. 20, 2019, 133 Stat. 1605.)
heading: Statutory Notes and Related Subsidiaries
heading: Regulations
text: Pub. L. 116–92, div. A, title XI, § 1122(b)(1), Dec. 20, 2019, 133 Stat. 1607, provided that: “Not later than 1 year after the date of enactment of this subtitle [subtitle A of title XI of div. A of Pub. L. 116–92, approved Dec. 20, 2019], the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out chapter 92 of title 5, United States Code (as added by this subtitle).”
5 U.S.C. § 9502 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9502. Pay authority for critical positions
(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Personnel Management may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3.
(b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 107, Dec. 26, 2007, 121 Stat. 1977.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–161 substituted “Office of Personnel Management” for “Office of Management and Budget”.
5 U.S.C. § 9503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9503. Streamlined critical pay authority
(a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Secretary of the Treasury may, Before 1 September 30, 2013, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service, if—
(1) the positions—
(A) require expertise of an extremely high level in an administrative, technical, or professional field; and
(B) are critical to the Internal Revenue Service’s successful accomplishment of an important mission;
(2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;
(3) the number of such positions does not exceed 40 at any one time;
(4) designation of such positions are approved by the Secretary of the Treasury;
(5) the terms of such appointments are limited to no more than 4 years;
(6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;
(7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3; and
(8) all such positions are excluded from the collective bargaining unit.
(b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of chapter 75.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 105, Dec. 26, 2007, 121 Stat. 1977; Pub. L. 113–6, div. F, title III, § 1309, Mar. 26, 2013, 127 Stat. 418.)
heading: Editorial Notes
heading: References in Text
text: The provisions of this title governing appointments in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title.
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 113–6, which directed substitution of “Before September 30, 2013” for “Before July 23, 2013” wherever appearing, was executed by making the substitution for “before July 23, 2013” in introductory provisions to reflect the probable intent of Congress.
2007—Subsec. (a). Pub. L. 110–161 substituted “before July 23, 2013” for “for a period of 10 years after the date of enactment of this section” in introductory provisions.
5 U.S.C. § 9504 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9504. Recruitment, retention, relocation incentives, and relocation expenses
(a) Before September 30, 2013 and subject to approval by the Office of Personnel Management, the Secretary of the Treasury may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
(b) Before September 30, 2013, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 713; amended Pub. L. 110–161, div. D, title I, § 106, Dec. 26, 2007, 121 Stat. 1977; Pub. L. 113–6, div. F, title III, § 1309, Mar. 26, 2013, 127 Stat. 418.)
heading: Editorial Notes
heading: Amendments
text: 2013—Subsecs. (a), (b). Pub. L. 113–6 substituted “Before September 30, 2013” for “Before July 23, 2013”.
2007—Subsecs. (a), (b). Pub. L. 110–161 substituted “Before July 23, 2013” for “For a period of 10 years after the date of enactment of this section”.
5 U.S.C. § 9801 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9801. Definitions
For purposes of this chapter—
(1) the term “Administration” means the National Aeronautics and Space Administration;
(2) the term “Administrator” means the Administrator of the National Aeronautics and Space Administration;
(3) the term “critical need” means a specific and important safety, management, engineering, science, research, or operations requirement of the Administration’s mission that the Administration is unable to fulfill because the Administration lacks the appropriate employees because—
(A) of the inability to fill positions; or
(B) employees do not possess the requisite skills;
(4) the term “employee” means an individual employed in or under the Administration;
(5) the term “workforce plan” means the plan required under section 9802(a);
(6) the term “appropriate committees of Congress” means—
(A) the Committees on Government Reform, Science, and Appropriations of the House of Representatives; and
(B) the Committees on Governmental Affairs, Commerce, Science, and Transportation, and Appropriations of the Senate;
(7) the term “redesignation bonus” means a bonus under section 9804 paid to an individual described in subsection (a)(2) thereof;
(8) the term “supervisor” has the meaning given such term by section 7103(a)(10); and
(9) the term “management official” has the meaning given such term by section 7103(a)(11).
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 461.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
5 U.S.C. § 9811 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9811. Travel and transportation expenses of certain new appointees
(a) In this section, the term “new appointee” means—
(1) a person newly appointed or reinstated to Federal service to the Administration to—
(A) a career or career-conditional appointment or an excepted service appointment to a continuing position;
(B) a term appointment;
(C) an excepted service appointment that provides for noncompetitive conversion to a career or career-conditional appointment;
(D) a career or limited term Senior Executive Service appointment;
(E) an appointment made under section 20113(b)(1) of title 51;
(F) an appointment to a position established under section 3104; or
(G) an appointment to a position established under section 5108; or
(2) a student trainee who, upon completion of academic work, is converted to an appointment in the Administration that is identified in paragraph (1) in accordance with an appropriate authority.
(b) The Administrator may pay the travel, transportation, and relocation expenses of a new appointee to the same extent, in the same manner, and subject to the same conditions as the payment of such expenses under sections 5724, 5724a, 5724b, and 5724c to an employee transferred in the interests of the United States Government.
(Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 472; amended Pub. L. 111–314, § 4(a), Dec. 18, 2010, 124 Stat. 3440.)
heading: Editorial Notes
heading: Amendments
text: 2010—Subsec. (a)(1)(E). Pub. L. 111–314 substituted “section 20113(b)(1) of title 51” for “section 203(c)(2)(A) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))”.
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: Editorial Notes
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: Editorial Notes
heading: References in Text
text: The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.