SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
Editorial Notes
Amendments
1978—
§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
(1) in lieu of any provision of
(2) notwithstanding any lack of specific authority for a matter with respect to which
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1) to which
(2) which involves health care responsibilities.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 4, 1961, Oct. 11, 1962, |
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,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1992—Subsec. (b).
1990—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
§5372. Administrative law judges
(a) For the purposes of this section, the term "administrative law judge" means an administrative law judge appointed under section 3105.
(b)(1)(A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
(B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.
(C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
(3)(A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
(4) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for administrative law judges shall be adjusted by an amount determined by the President to be appropriate.
(c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 11, 1946, ch. 324, §11 (3d sentence), |
The exception from the operation of the efficiency rating system is omitted as covered by sections 4301(2)(E) and 5335(a)(B). The reference to "subchapter III of this chapter and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b)(1)(C), is set out in
The General Schedule, referred to in subsec. (b)(4), is set out under
Amendments
1999—Subsec. (b)(1).
| AL–3, rate A | 65 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–3, rate B | 70 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–3, rate C | 75 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–3, rate D | 80 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–3, rate E | 85 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–3, rate F | 90 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–2 | 95 percent of the rate of basic pay for level IV of the Executive Schedule. |
| AL–1 | The rate of basic pay for level IV of the Executive Schedule." |
Subsec. (b)(1)(B), (C).
Subsec. (b)(3)(A).
Subsec. (b)(4).
1992—Subsec. (c).
1990—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Conversion Rule for Administrative Law Judges
Pay Increases
For adjustment of rates of basic pay for administrative law judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under
§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
(2) the term "appeals board" means an agency board of contract appeals established pursuant to
(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
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in
Amendments
2011—Subsec. (a)(1).
Subsec. (a)(2).
2006—Subsec. (a)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Effective Date
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
§5372b. Administrative appeals judges
(a) For the purpose of this section—
(1) the term "administrative appeals judge position" means a position the duties of which primarily involve reviewing decisions of administrative law judges appointed under section 3105; and
(2) the term "agency" means an Executive agency, as defined by section 105, but does not include the Government Accountability Office.
(b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classified above GS–15 pursuant to section 5108.
(c) A rate of basic pay fixed under this section shall be—
(1) not less than the minimum rate of basic pay for level AL–3 under section 5372; and
(2) not greater than the maximum rate of basic pay for level AL–3 under section 5372.
(Added
Editorial Notes
References in Text
GS–15, referred to in subsec. (b), is contained in the General Schedule which is set out under
Amendments
2004—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date
"(1) the 120th day after the date of the enactment of this Act [Dec. 21, 2000]; or
"(2) if earlier, the effective date of regulations prescribed by the Office of Personnel Management to carry out such amendment."
§5373. Limitation on pay fixed by administrative action
(a) Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (
(1)
(2)
(3)
(4) 2 section 4802.
(4) 2 section 2(a)(7) of the Commodity Exchange Act (
(b) Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 14, 1964, Oct. 6, 1964, |
The words "head of an Executive agency or military department" are coextensive with and substituted for "head of any executive department, independent establishment, or agency in the executive branch" because of the definitions in sections 102 and 105.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The Government Employees Salary Reform Act of 1964 (
Level IV of the Executive Schedule, referred to in subsec. (a), is set out in
Section 206 of the Bank Conservation Act, referred to in subsec. (a)(1), is classified to
Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, referred to in subsec. (a)(1), were classified to former sections 1422b(b) and 1441a(e)(4), respectively, of Title 12, Banks and Banking.
Section 2A(i) of the Home Owners' Loan Act, referred to in subsec. (a)(1), probably should be a reference to section 3(g) of the Home Owners' Loan Act, act June 13, 1933, ch. 64, as amended by
Sections 5.11 and 5.58 of the Farm Credit Act of 1971, referred to in subsec. (a)(1), are classified to sections 2245 and 2277a–7, respectively, of Title 12, Banks and Banking.
Level III of the Executive Schedule, referred to in subsec. (b), is set out in
Amendments
2002—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1999—
1996—
1990—
1989—Par. (2).
1979—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
1 See References in Text note below.
2 So in original. Two pars. (4) have been enacted.
§5374. Miscellaneous positions in the executive branch
The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 14, 1964, |
The word "office" is omitted as included in "position". The words "before August 14, 1964" are substituted for "prior to the date of enactment of this Act". The words "pursuant to section 303 of this Act" are omitted as surplusage.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
§5375. Police force of the National Zoological Park
The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows:
(1) Private, not more than the maximum annual rate of basic pay payable for grade GS–7 of the General Schedule.
(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8 of the General Schedule.
(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule.
(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS–10 of the General Schedule.
(Added
Editorial Notes
References in Text
General Schedule, referred to in text, is set out under
Amendments
1992—Par. (2).
1990—
"(1) Private—not more than the rate for GS–7, Step 5;
"(2) Sergeant—not more than the rate for GS–8, Step 5;
"(3) Lieutenant—not more than the rate for GS–9, Step 5;
"(4) Captain—not more than the rate for GS–10, Step 5."
1975—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Effective Date
Reduction of Basic Pay Rate
§5376. Pay for certain senior-level positions
(a) This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
(b)(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to "level III" were a reference to "level II".
(4) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).
(Added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b), is set out under
Levels II and III of the Executive Schedule, referred to in subsec. (b), are set out in
Amendments
2008—Subsec. (b)(1)(B).
Subsec. (b)(3), (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
"(1)
"(2)
"(A)
"(B)
"(3)
"(A) as provided before the effective date of the amendments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule [
"(B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to—
"(i) the rate of basic pay for level III of the Executive Schedule [
"(ii) if the head of the agency responsible for administering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 5307(d), level II of the Executive Schedule [
Effective Date
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
References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations
"(c)
"(1) any reference in a provision of law (which is outside
"(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a));
"(ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and
"(iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and
"(B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302 [section 529 [title III, §302] of
"(2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with
"(A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but
"(B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable.
"(d)
[For reference to maximum rate under
§5377. Pay authority for critical positions
(a) For the purpose of this section—
(1) the term "agency" has the meaning given it by section 5102; and
(2) the term "position" means—
(A) a position to which
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104;
(F) a position in a category as to which a designation is in effect under subsection (i); and
(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).
(b) Authority under this section—
(1) may be granted or exercised only with respect to a position—
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agency's successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
(c) The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted.
(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
(e) The authority to fix the rate of basic pay under this section for a position shall terminate—
(1) whenever the Office of Personnel Management determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
(f) The Office of Personnel Management may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
(g) The Office of Personnel Management shall consult with the Office of Management and Budget before making any decision to grant or terminate any authority under this section.
(h) The Office of Personnel Management shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include—
(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and
(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on 1 rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
(i)(1) For the purpose of this subsection, the term "position" means the work, consisting of the duties and responsibilities, assignable to an employee, except that such term does not include any position under subsection (a)(2)(A)–(E).
(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).
(Added
Editorial Notes
References in Text
Level I of the Executive Schedule, referred to in subsec. (d)(2), is set out in
Amendments
2004—Subsec. (a)(2)(G).
Subsec. (c).
Subsec. (e)(1), (f).
Subsec. (g).
Subsec. (h).
1992—Subsec. (a)(2)(E), (F).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Change of Name
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 Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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.
Effective Date
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
Executive Documents
Delegation of Functions
Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under
1 So in original. Probably should be "or".
§5378. Police forces of the Bureau of Engraving and Printing and the United States Mint
(a) The Secretary of the Department of the Treasury, or his designee, in his sole discretion shall fix the rates of basic pay for positions within the police forces of the United States Mint and the Bureau of Engraving and Printing without regard to the pay provisions of
(b) For the purpose of this section, the term "police forces of the Bureau of Engraving and Printing and the United States Mint" means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.
(Added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a), is set out under
Amendments
1997—Subsec. (a).
1995—Subsec. (a)(8).
Statutory Notes and Related Subsidiaries
Effective Date; Conversion and Savings Provisions
"(1) This section and the amendments made by this section [enacting this section, amending
"(2)(A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if—
"(i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A) [enacting this section], such individual would (but for this paragraph) be paid—
"(I) at the step of the grade for which such special pay rate is then in effect; or
"(II) at a level which is between steps for which special pay rates are then in effect; and
"(ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect.
The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II).
"(B) For the purpose of this paragraph, the term 'special pay rate' means a rate which—
"(i) is established under
"(ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and
"(iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section.
"(3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section."
Special Pay Rates Not Affected
"(1) affect any special pay rate under
"(2) impair any authority to fix or adjust special pay rates under such section 5303 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint."
[Amendment by
§5379. Student loan repayments
(a)(1) For the purpose of this section—
(A) the term "agency" means an agency under subparagraph (A), (B), (C), (D), or (E) of
(B) the term "student loan" means—
(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (
(ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 (
(iii) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act (
(2) An employee shall be ineligible for benefits under this section if the employee occupies a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.
(b)(1) The head of an agency may, in order to recruit or retain highly qualified personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee.
(2) Payments under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the agency and employee concerned, except that the amount paid by an agency under this section may not exceed—
(A) $10,000 for any employee in any calendar year; or
(B) a total of $60,000 in the case of any employee.
(3) Nothing in this section shall be considered to authorize an agency to pay any amount to reimburse an employee for any repayments made by such employee prior to the agency's entering into an agreement under this section with such employee.
(c)(1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will—
(A) remain in the service of the agency for a period specified in the agreement (not less than 3 years), unless involuntarily separated; and
(B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, repay to the Government the amount of any benefits received by such employee from that agency under this section.
(2) The payment agreed to under paragraph (1)(B) of this subsection may not be required of an employee who leaves the service of such employee's agency voluntarily to enter into the service of any other agency unless the head of the agency that authorized the benefits notifies the employee before the effective date of such employee's entrance into the service of the other agency that payment will be required under this subsection.
(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under paragraph (2) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, a sum equal to the amount outstanding is recoverable by the Government from the employee (or such employee's estate, if applicable) by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest.
(4) Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which merged.
(d) An employee receiving benefits under this section from an agency shall be ineligible for continued benefits under this section from such agency if the employee—
(1) separates from such agency; or
(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe.
(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of
(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved.
(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.
(h)(1) Each head of an agency shall maintain, and annually submit to the Director of the Office of Personnel Management, information with respect to the agency on—
(A) the number of Federal employees selected to receive benefits under this section;
(B) the job classifications for the recipients; and
(C) the cost to the Federal Government of providing the benefits.
(2) The Director of the Office of Personnel Management shall prepare, and annually submit to Congress, a report containing the information submitted under paragraph (1), and information identifying the agencies that have provided benefits under this section.
(Added
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsec. (a)(1)(B)(i), (ii), is
The Public Health Service Act, referred to in subsec. (a)(1)(B)(iii), is act July 1, 1944, ch. 373,
Amendments
2008—Subsec. (a)(1)(A).
2003—Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
2000—Subsec. (a)(1)(B)(i).
Subsec. (a)(1)(B)(ii).
Subsec. (a)(1)(B)(iii).
Subsec. (a)(2).
"(A) is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
"(B) is not subject to subchapter III of this chapter."
Subsec. (b)(1).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Regulations
"(1) Not later than 60 days after the date of the enactment of this Act [Oct. 30, 2000], the Director of the Office of Personnel Management shall issue proposed regulations under
"(2) Not later than 240 days after the date of the enactment of this Act [Oct. 30, 2000], the Director shall issue final regulations."
Institutional Loan Forgiveness Programs
"(1) a public or private institution of higher education may provide an officer or employee of any branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or providing forbearance of student loan repayment if—
"(A) such repayment or forbearance is provided to such officer or employee in accordance with a written, published policy of the institution relating to repaying or providing forbearance, respectively, for students or former students who perform public service; and
"(B) in the case of a former student of the institution of higher education, the policy described in subparagraph (A) was in effect at the institution of higher education on the day before the date such officer or employee graduated from or otherwise ceased being a student at such institution; and
"(2) an officer or employee of any branch of the United States Government, of any independent agency of the United States, or of the District of Columbia may receive repayment or forbearance permitted under paragraph (1)."
[§5380. Repealed. Pub. L. 102–378, §8(a), Oct. 2, 1992, 106 Stat. 1359 ]
Section, added
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Nov. 5, 1990, see section 9(b)(6) of