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H.R. 10104 (89th): An Act to enact title 5, United States Code, “Government Organization and Employees” codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees

The text of the bill below is as of Sep 6, 1966 (Passed Congress).


378                                     PUBLIC LAW 89-554-SEPT. 6, 1966            [80 STAT.

                     Public Law 89-554
                                                         AN A C T
September 6, 1966
  [H. R. 10 104]     To enact title 5, United States Code, "Government Organization and
                       Employees", codifying the general and permanent laws relating to
                       the organization of the Government of the United States and to
                      its civilian officers and employees.
                        Be it enacted hy the Senate and House of Representatives of the
  Title 5, u s e .   United States of America in Congress assembled^ That the laws relat-
Government Or-
ganization and       ing to the organization of the Government of the United States and to
Employees.           its civilian officers and employees, generally, are revised, codified, and
                     enacted as title 5 of the United States Code, entitled "Government
                     Organization and Employees", and may be cited as "5 U.S.C, § ",
                     as follows:

                     TITLE 5—GOVERNMENT ORGANIZATION
                              AND EMPLOYEES
                     PART                                                                  Sec.
                       L THE AGENCIES GENERALLY                                           101
                      II. THE UNITED STATES CIVIL SERVICE COMMISSION                     1101
                     III. EMPLOYEES                                                      2101

                              PART I—THE AGENCIES GENERALLY
                     CHAPTBB                                                              Sec.
                     1. ORGANIZATION                                                       101
                     3. POWERS                                                            301
                     5. ADMINISTRATIVE PBOCEDUBE                                           501
                     7. JUDICIAL REVIEW                                                    701
                     9. EXECUTIVE REORGANIZATION                                          901

                                          CHAPTER l—ORGANIZATION
                     Sec.
                     101.   Exeoutive departments.
                     102.   Military departments.
                     103.   Government corporation.
                     104.   Independent establishment.
                     105.   Executive agency.
                     § 101. Executive departments
                       The Executive departments are:
                            The Department of State.
                            The Department of the Treasury.
                            The Department of Defense.
                            The Department of Justice.
                            The Post Office Department.      i ^ m,, , .a f:= .  , ;
                            The Department of the Interior.
                            The Department of Agriculture.
                            The Department of Commerce.
                            The Department of Labor.
                            The Department of Health, Education, and Welfare.
                     § 102. Military departments
                       The military departments are:
                            The Department of the Army.
                            The Department of the Navy.
                            The Department of the Air Force.
                     § 103. Government corporation
                       For the purpose of this title—
                            (1) "Grovernment corporation" means a corporation owned or
                         controlled by the Government of th^ United States; and

80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 379 (2) "Government controlled corporation" does not include a corporation owned by the Government of the United States. § 104. Independent establishment For the purpose of this title, "independent establishment" means— (1) an establishment in the executive branch which is not an Executive department, military department. Government cor- poration, or part thereof, or part of an independent establish- ment; and (2) the General Accounting Office. §105. Executive agency F o r the purpose of this title, "Executive agency" means an Execu- tive department, a Government corporation, and an independent establishment. CHAPTER 3—POWERS Sec. 301. Departmental regulations. 302. Delegation of authority. 303. Oatbs to witnesses. 304. Subpenas. 305. Systematic agency review of operations. § 301. Departmental regulations The head of an Executive department or military department may prescribe regulations for the government of his department, the con- duct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding mformation from the public or limiting the availability of records to the public. § 302. Delegation of authority (a) F o r the purpose of this section, "agency" has the meaning given it bv section 5721 of this title. (b) I n addition to the authority to delegate conferred by other law, the head of an agency may delegate t o subordinate officials the authority vested in him— (1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel unaer his agency; and (2) by section 324 of title 44 to authorize the publication of advertisements, notices, or proposals. § 303. Oaths to witnesses An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation. §304. Subpenas (a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pend- ing may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individ- ual authorized to hake depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
380 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) I f a witness, after being served with a subpena, neglects or refuses to apj)ear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court. § 305. Systematic agency review of operations (a) F o r the purpose of this section, "agency" means an Executive agency, but does not include— (1) a Government controlled corporation; (2) the Tennessee Valley Authority; (3) The Alaska Railroad; (4) the Virgin Islands Corporation; (5) the Atomic Energy Commission; (6) the Central Intelligence Agency; (7) the Panama Canal Company; or (8) the National Security Agency, Department of Defense. (b) Under regulations prescribed and administered by the Director of the Bureau of the Budget, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis. (c) The purpose of the reviews includes— (1) determining the degree of efficiency and economy in the operation of the agency's activities, functions, or organization units; (2) identifying the units that are outstanding in those respects; and (3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations. CHAPTER 5—ADMINISTRATIVE PROCEDURE SUBCHAPTER I—GENERAL PROVISIONS Sec. 501. Advertising practice; restrictions. 502. Administrative practice; Reserves and National Guardsmen. 503. Witness fees and allowances. SUBCHAPTER II—ADMINISTRATIVE PROCEDURE Sec. 551. Definitions. 552. Publication of information, rules, opinions, orders, and public records. 553. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof; evi- dence ; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; sus- pension, revocation, and expiration of licenses. 559. EfCect on other laws; effect of subsequent statute.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 381 SUBCHAPTER III—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Sec. 571. Purpose. 572. Definitions. 573. Administrative Conference of the United States. 574. Powers and duties of the Conference. 575. Organization of the Conference. 576. Appropriations. SUBCHAPTER I—GENERAL PROVISIONS § 501. Advertising practice; restrictions An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. §502. Administrative practice; Reserves and National Guards- men Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States. § 503. Witness fees and allowances (a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when— (1) he is subpenaed under section 304(a) of this title; or (2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings. SUBCHAPTER II—ADMINISTRATIVE PROCEDURE §551. Definitions For the purpose of this subchapter— (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of section 552 of this title— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the dis- putes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or 65-300 0-67—27
382 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b) (2), of title 50, appendix; (2) '"person" includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) "party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency ad- mitted by an agency as a party for limited purposes; (4) "rule" means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making" means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) "adjudication" means agency process for the formulation of an order; (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "sanction" includes the whole or a part of an agency— (A) prohibition, requirement, limitation, or other condi- tion affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (11) "relief" includes the whole or a part of an agency— (A) grant of money, assistance, license, authority, exemp- tion, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) "agency proceeding^' means an agencjr process as defined by paragraphs (5), (7), and (9) of this section; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 383 (13) "agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. §552. Publication of information, rules, opinions, orders, and public records (a) This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a function of the United States requiring secrecy in the public interest; or (2) a matter relating solely to the internal management of an agency. (b) Each agency shall separately state and currently publish in the P'ederal Register— (1) descriptions of its central and field organizations, includ- ing delegations of final authority by the agency, and the estab- lished places at which, and methods whereby, the public may obtain information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of the formal or informal procedures available and forms and instructions as to the scope and contents of all papers, reports, or examinations; and (3) substantive rules adopted as authorized by law and state- ments of general policy or interpretations adopted by the agency for public guidance, except rules addressed to and served on named persons in accordance with law. A person may not be required to resort to organization or procedure not so publisned. (c) Each agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules. (d) Except as otherwise required by statute, matters of official record shall be made available, m accordance with published rule, to persons properly and directly concerned, except information held confidential for good cause found. § 553. Rule making (a) This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject mereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. Except when notice or hearing is required by statute, this subsection does not apply—
384 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorj^orates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are im- practicable, unnecessary, or contrary to the public interest. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or with- out opportunity for oral presentation. After consideration of the lelevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. (d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except— (1) a substantive rule which grants or recognizes an exemption or relieves a restriction: (2) interpretative rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. § 554. Adjudications (a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a hearing examiner appointed under section 3105 oi this title; (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. (b) Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hear- ing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the )roceedin^ shall give prompt notice of issues controverted in fact or f aw; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their repre- sentatives. (c) The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 385 (2) to the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections 656 and 557 of this title. (d) The employee who presides at the reception of evidence pursu- ant to section 656 of this title shall make the recommended decision or initial decision required by section 667 of this title, unless he becomes unavailable to the agency. Except to the extent required for the dis- position of ex parte matters as authorized by law, such an employee may not— (1) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or (2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investiga- tive or prosecuting functions for an agency. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recom- mended decision, or agency review pursuant to section 657 of this title, except as witness or counsel in public proceedings. This subsection does not apply— (A) in determining applications for initial licenses; (B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or (C) to the agency or a member or members of the body compris- ing the agency. (e) The agency, with like effect as in the case of other orders, and in its sound discretion, may issue a declaratory order to terminate a controversy or remove uncertainty. § 555. Ancillary matters (a) This section applies, according to the provisions thereof, except as otherwise provided by this subchapter. (b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding. (c) Process, requirement of a report, inspection, or other investi- gative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony. (d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar
386 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punish- ment for contempt in case of contumacious failure to comply. (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. § 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (a) This section applies, according to the provisions thereof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section. (b) There shall preside at the taking of evidence— (1) the agency; (2) one or more members of the body which comprises the agency; or (3) one or more hearing examiners appointed under section 3105 of this title. This subchapter does not supersede the conduct of specified classes of proceedings, in whole or in part, by or before boards or other em- ployees specially provided for by or designated under statute. The functions of presiding employees and of employees participating in decisions in accordance with section 557 of this title shall be conducted in an impartial manner. A presiding or participating employee may at any time disqualify himself. On the filing in good faitli of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee, the agency shall determine the matter as a part of the record and decision in the case. (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may— (1) administer oaths and affirmations; ^2^ issue subpenas authorized by law; (3) rule on offers of proof and receive relevant evidence; (4) take depositions or have depositions taken when the ends of justice would be served; (5) regulate the course of the hearing; (6) hold conferences for the settlement or simplification of the issues by consent of the parties; (7) dispose of procedural recjuests or similar matters; (8) make or recommend decisions in accordance with section 557 of this title; and (9) take other action authorized by agency rule consistent with this subchapter. (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evi- dence may be received, but the agency as a matter of policy shall pro- vide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued ex- cept on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. A party is entitled to present his case or defense by oral or documentary evidence, to submit re- buttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 387 or determining claims for money or benefits or applications for initiai licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence m written form. (e) The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title and, on payment of lawfully prescribed costs, shall be made available to the parties. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary. §557. Initial decisions; conclusiveness; review by agency; sub- missions by parties; contents of decisions; record (a) This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with section 556 of this title. (b) When the agency did not preside at the reception of the evidence, the presiding employee or, in cases not subject to section 554(d) of this title, an employee qualified to preside at hearings pursuant to section 556 of this title, shall initially decide the case unless the agency requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision with- out having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision, except that in rule making or determining applications for initial licenses— (1) instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or (2) this procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. (c) Before a recommended, initial, or tentative decision, or a deci- sion on agencj^ review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the con- .sideration of the employees participating in the decisions— (1) proposed findings and conclusions; or (2) exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and (3) supporting reasons for the exceptions or proposed findings or conclusion?. The record shall phow the ruling on each finding, conclusion, or excep- tion presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a state- ment of— (A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and (B) the appropriate rule, order, sanction, relief, or denial thereof.
388 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. §558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses (a) This section applies, according to the provisions thereof, to the exercise of a power or authority. (b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law. (c) When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the inter- ested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceed- ings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given— (1) notice by the agency in writing of the facts or conduct which may warrant the action; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency. §559. Effect on other laws; effect of subsequent statute This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2) ( E ) , 5362, and 7521, and the provisions of section 5335(a) (B) of this title that relate to hearing examiners, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relat- ing to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or other- wise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2) ( E ) , 5362, or 7521, or the provisions of section 5335(a) (B) of this title that relate to hearing examiners, except to the extent that it does so expressly. SUBCHAPTER III—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES §57L Purpose I t is the purpose of this subchapter to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in tne public interest. §572. Definitions For the purpose of this subchapter— (1) "administrative program" includes a Federal function which involves protection of the public interest and the deter- mination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 389 those terms are used in subchapter I I of this chapter, except that it does not include a military or foreign affairs function of the United States ; (2) "administrative agency" means an authority as defined by section 551(1) of this title; and (3) "administrative procedure" means procedure used in carry- ing out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or man- agement which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency re- sponsibility as established by law or matters of substantive policy committed by law to agency discretion. § 573. Administrative Conference of the United States (a) The Administrative Conference of the United States consists of not more than 91 nor less than 75 members appointed as set forth in subsection (b) of this section. (b) The Conference is composed of— (1) a full-time Chairman appointed for a 5-year term by the President, by and with the advice and consent of the Senate. The Chairman is entitled to pay at the highest rate established by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is ap- pointed and has qualified; (2) the chairman of each independent regulatory board or commission or an individual designated by the board or commis- sion; (3) the head of each Executive department or other adminis- trative agency which is designated by the President, or an indi- vidual designated by the head of the department or agency; (4) when authorized by the Council referred to in section 575 (b) of this title, one or more appointees from a board, commission, department, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission; (5) individuals appointed by the President to membership on the Council who are not otherwise members of the Conference; and (6) not more than 36 other members appointed by the Chair- man, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one-third nor more than two-fifths of the total number of members. The Chairman shall select the mem- bers in a manner which will provide broad representation of the views of private citizens and utilize diverse experience. The mem- bers shall be members of the practicing bar, scholars in the field of administrative law or government, or others specially informed by knowledge and experience with respect to Federal administra- tive procedure. (c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members appointed from outside the Fed- eral Government are entitled to travel expenses, including per diem instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay.
390 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 574. Powers and duties of the Conference To carry out the fjurpose of this subchapter, the Administrative Conference of the United States may— (1) study the efficiency, adequacy, and fairness of the adminis- trative procedure used oy administrative agencies in carrying out administrative programs, and make recommendations to ad- ministrative agencies, collectively or individually, and to th© President, Congress, or the Judicial Conference of the United States, in connection therewith, as it considers appropriate; (2) arrange for interchange among administrative agencies of information potentially useful in improving administrative pro- cedure; and (3) collect information and statistics from administrative agencies and publish such reports as it considers useful for evalu- ating and improving administrative procedure. ^575. Organization of the Conference (a) The membership of the Administrative Conference of the United States meeting m plenary session constitutes the Assembly of the Conference. The Assembly havS ultimate authority over all activi- ties of the Conference. Specincally, it has the power to— (1) adopt such recommendations as it considers appropriate for improving administrative proo^ure. A member who disagrees with a recommendation adopted by the Assembly is entitled to enter a dissenting opinion and an alternate proposal in the record of the Conference proceedings, and the opinion and proposal so entered shall accompany the Conference recommendation in a publication or distribution thereof; and (2) adopt bylaws and regulations not inconsistent with this subchapter for carrying out the functions of the Conference, in- cluding the creation of such committees as it considers necessary for the conduct of studies and the development of recommendations for consideration by the Assembly. (b) The Conference mcludes a Council composed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees oi Federal regulatory agencies or Executive de- partments. The President may designate a member of the Council as Vice Chairman. During the absence or incapacitv of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chair- man. The term of each member, except the Chairman, is 3 years. When the term of a member ends, he may continue to serve until a successor is appointed. However, tne service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appoint- ment. The Council nas the power to— (IV detennine the time and place of plenary sessions of the Conierenoe and the agenda for the sessions. The Council shall call at least one plenary session each year; (2) propose bylaws and reflations, including rules of pro- cedure andcommittee organization, for adoption by the Assembly; (3) make recommendations to the Conference or its committees on a subject germane to the purpose of the Conference; (4) receive and consider reports and recommendations of com- mittees of the Conference and send them to members of the Con- ference with the views and recommendations of the Council;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 391 (5) designate a member of the Council to preside at meetings of the CoimcU in the absence or incapacity of the Chairman and Vice Chairman; (6) designate such additional officers of the Conference as it considers desirable; (7) approve or revise the budgetary proposals of the Chair- man: and (8) exercise such other powers as may be delegated to it by the Assembly. (c) The Chairman is the chief executive of the Conference. In that capacity he has the power to— (1) make inquiries into matters he considers important for Conference consideration, including matters proposed by indi- viduals inside or outside the Federal Government; (2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Govern- ment and with interested organizations and individuals outside the Government, including responsibility for encouraging Fed- eral agencies to carry out the recommendations of the Con- ference ; (3) request agency heads to provide information needed by the Conference, which information shall be supplied to the ex- tent permitted by law; (4) recommend to the Council appropriate subjects for action by the Conference; (5) appoint, with the approval of the Council, members of coDjmittees authorized by tne bylaws and regulations of the Conference; (6) prepare, for approval of the Council, estimates of the budg- etary reqmrements of the Conference; (7) appoint and fix the pay of employees, define their duties and responsibilities, and direct and supervise their activities; (8) rent office space in the District of Columbia; (9) provide necessary services for the Assembly, the Council, and the committees of the Conference; (10) organize and direct studies ordered by the Assembly or the Council, using from time to time, as appropriate, experts and consultants who may be employed under section 31Q9 of this title, but at rates for individuals not in excess of $100 a day; (11) on request of the head of an agency, furnish asSi^;ance and advice on matters of administrative procedure; and (12) exercise such additional authority as the Council or As- sembly delegates to him. The Chairman Siall preside at meeting of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenarjr session. The Chairman, on behalf of the Conference, shall ident irf^^/'anVrnlT' and Cotv transmit to the President and Congress an annual report and such g' r"" e s s . ^" """ interim reports as he considers desirable. §576. Appropriations There are authorized to be appropriated sums necessary, not in excess of $260,000, to carry out the purpose of this subchapter.
392 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. CHAPTER 7—JUDICIAL REVIEW Sec. 701. Application; definitions. 702. Right of review. 703. Form and venue of proceeding. 704. Actions reviewable. 705. Relief pending review. 706. Scope of review. §701. Application; definitions (a) This chapter applies, according to the provisions thereof, ex- cept to the extent that>— (1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law. (b) F o r the purpose of this chapter— (1) "agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; ( E ) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; ( F ) courts martial and military commissions; ^G) military authority exercised in the field in time of war or m occupied territory; or ( H ) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 4 1 ; or sections 1622, 1884, 1891-1902, and former section 1641(b) (2), of title 50, appendix; and (2) "person", "rule", "order", "license", "sanction", "relief", and "agency action" have the meanings given them by section 551 of this title. § 702. Right of review A person suffering legal wrong because of agency action, or ad- versely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. § 703. Form and venue of proceeding The form of proceeding for judicial review is the special statutory review proceedmg relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. Except to the extent that prior, ade- quate, and exclusive opportunity for ;judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. § 704. Actions reviewable Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judi- cial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 393 the final agency action. Except as otherwise expressly required b j statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. § 705. Relief pending review When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropri- ate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. § 706, Scope of review To the extent necessary to decision and when presented, the review- ing court shall decide all relevant questions of law, interpret constitu- tional and statutory provisions, and determine the meaning or appli- cability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or other- wise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limi- tations, or short of statutory right; (D) without observance of procedure required by law; ( E ) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or ( F ) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. I n making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. CHAPTER 9—EXECUTIVE REORGANIZATION Sec. 901. Purpose. 902. Definitions. 903. Reorganization plans. 904. Additional contents of reorganization plans. 905. Limitations on powers. 906. Effective date and publication of reorganization plans. 907. Effect on other laws, pending legal proceedings, and unexi)ended appropria- tions. 908. Rules of Senate and House of Representatives on reorganization plans. 909. Terms of resolution. 910. Reference of resolution to committee. 911. Discharge of committee considering resolution. 912. Procedure after report or discharge of committee; debate. 9X3. Decisions without debate on motion to postpone or proceed.
394 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 901. Purpose (a) The President shall from time to time examine the organization of all agencies and shall determine what changes therein are necessary to accomplish the following purposes: (1) to promote the better execution of the laws, the more effec- tive management of the executive branch and of its agencies and functions, and the expeditious administration of the public busi- ness; (2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Govern- ment to the fullest extent practicable; (4) to group, coordinate, and consolidate agencies and func- tions of the Government, as nearly as may be, according to major purposes; (5) to reduce the number of agencies by consolidating those hav- ing similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and (6) to eliminate overlapping and duplication of effort. (b) Congress declares that the public interest demands the carry- ing out of the purposes of subsection (a) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. §902. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency or part thereof; (B) an office or officer m the civil service or uniformed services in or under an Executive agency; and (C) the government of the District of Columbia or part thereof, except the courts; but does not include the General Accounting Office or the Comp- troller General of the United States; and (2) "reorganization" means a transfer, consolidation, coordi- nation, authorization, or abolition, referred to in section 903 of this title. § 903. Reorganization plans (a) When the President, after investigation, finds that— (1) the transfer of the whole or a part of an agency^ or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; (2) the abolition of all or a part of the functions of an agency; (3) the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; (4) the consolidation or coordination of a part of an agency or the functions thereof with another part of the same agency or the functions thereof; (5) the authorization of an officer in the civil service or uni- formed services to delegate any of his functions; or (6) the abolition of the whole or a part of an agency which
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 395 agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions ; is necessary to accomplish one or more of the purposes of section 901(a) of this title, he shall prepare a reorganization plan for the making of the reorganizations as to which he has made findings and which he includes in the plan, and transmit the plan (bearing an identification number) to Congress, together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to accomplish one or more of the purposes of section 901(a) of this title. (b) The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session. I n his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function and the reduction of expenditures (itemized so far as practicable) that it is probable will be brought about by the taking effect of the reorganiza- tions included in the plan. § 904. Additional contents of reorganization plans A reorganization plan transmitted by the President under section 903 of this title— (1) may change, in such cases as the President considers neces- sary, the name of an agency affected by a reorganization and the title of its head; and shall designate the name of an agency result- ing from a reorganization and the title of its head; (2) may provide for the appointment and pay of the head and one or more officers of an agency (including an agency resulting from a consolidation or other type of reorganization) if the Presi- dent finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessarj. The head so provided may be an individual or may be a commission or board with more than one member. I n case of such an appointment, the term of office may not be fixed at move than 4 years, the pay may not be at a rate in excess of that found by the President to be applicable to comparable officers in the executive branch, and, if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate, except that, in the case of an officer of the government of the District of Columbia, it may be by the Board of Commissioners or other body or officer of that gov- ernment designated in the plan ; (3) shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; (4) shall provide for the transfer of such unexpended balances of approj)riations, and of other funds, available for use in con- nection with a function or agency affected by a reorganization, as the President considers necessary b j reason of the reorganization for use in connection with the functions affected by the reorganiza- tion, or for the use of the agency which shall have the fimctions after the reorganization plan is effective. However, the unex- pended balances so transferred may be used only for the purposes for which the appropriation was originally made; and (5) shall provide for terminating the affairs of an agency abolished.
396 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 905. Limitations on powers (a) A reorganization plan may not provide for, and a reorganiza^ tion under this chapter may not have the effect of— (1) creating a new Executive department, abolishing or trans- ferring an Executive department or all the functions thereof, or consolidating two or more Executive departments or all the func- tions thereof; (2) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; (3) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; (4) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; (5) increasing the term of an oflGlce beyond that provided by law for the office; or (6) transferring to or consolidating with another agency the government of the District of Columbia or all the functions thereof which are subject to this chapter, or abolishing that gov- ernment or all those functions. (b) A provision contained in a reorganization plan may take effect only if the plan is transmitted to Congress before December 31, 1968, § 906. Effective date and publication of reorganization plans (a) Except as otherwise provided under subsection (c) of this sec- tion, a reorganization plan is effective at the end of the first period of 60 calendar days of continuous session of Congress after the date on which the plan is transmitted to it unless, between the date of trans- mittal and the end of the 60-day period, either House passes a resolu- tion stating in substance that that House does not favor the reorga- nization plan. (b) For the purpose of subsection (a) of this section— (1) continuity of session is broken only by an adjournment of Congress sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period. (c) Under provisions contained in a reorganization plan, a provision of the plan may be effective at a time later than the date on which the plan otherwise is effective. stat'u"ei"lt'Lar e (^) ^ reorgauizatiou plan which is effective shall be printed (1) and'pederai Reg! iu the Statutes at Large in the same volume as the public laws and ister. (2) in the Federal Register. §907. Effect on other laws, pending legal proceedings, and un- expended appropriations (a) A statute enacted, and a regulation or other action made, pre- scribed, issued, granted, or performed in respect of or by an agency or function affected by a reorganization under this chapter, before the effective date of the reorganization, has, except to the extent lescinded, modified, superseded, or made inapplicable by or under authority of law or by the abolition of a function, the same effect as if the reorganization had not been made. However, if the statute, regulation, or other action has vested the functions in the agency from which it is removed under the reorganization plan, the function, inso- far as it is to be exercised after the plan becomes effective, shall be
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 397 deemed as vested in the agency under which the function is placed by the plan. (b) F o r the purpose of subsection (a) of this section, "regulation or other action" means a regulation, rule, order, policy, determina- tion, directive, authorization, permit, privilege, requirement, designa- tion, or other action. (c) A suit, action, or other proceeding lawfully commenced by or against the head of an agency or other officer of the United States, in his official capacity or in lelation to the discharge of his official duties, does not abate by reason of the taking effect of a reorganization plan under this chapter. On motion or supplemental petition filed at any time within 12 months after the reorganization plan takes effect, showing a necessity for a survival of the suit, action, or other proceeding to obtain a settlement of the questions involved, the court may allow the suit, action, or other proceeding to be maintained by or against the successor of the head or officer under the reorganiza- tion effected by the plan or, if there is no successor, against such agency or officer as the President designates. (d) The appropriations or portions of appropriations unexpended by reason of the operation of this chapter may not be used for any purpose, but shall revert to the Treasury. § 908. Rules of Senate and House of Representatives on reorga- nization plans Sections 909-913 of this title are enacted by Congress— (1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but appli- cable only with respect to the procedure to be followed in that House in the case of resolutions described by section 909 of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. § 909. Terms of resolution For the purpose of sections 908-913 of this title, "resolution" means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: "That the does not favor the reorganization plan numbered transmitted to Congress by the President on,———, 19 ", the first blank space therein being filled with the name of the resolving House and the other blank spaces therein being appropriately filled; but does not include a resolution which specifies more than one reorganization plan. § 910. Reference of resolution to committee A resolution with respect to a reorganization plan shall be referred to a committee (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be. § 911. Discharge of committee considering resolution (a) If the committee to which a resolution with respect to a reorga- nization plan has been referred has not reported it at the end of 10 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other 65-300 0-67—28
398 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. resolution with respect to the reorganization plan which has been referred to the committee. (b) A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same reorganization plan), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. A n amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (c) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same reorganization plan. § 912. Procedure after report or discharge of committee; debate (a) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (b) Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolu- tion is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. § 913. Decisions without debate on motion to postpone or proceed (a) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a reorganization plan, and motions to proceed to the consideration of other business, shall be decided without debate. (b) Appeals from the decisions of the Chair relating to the appli- cation of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate. PART II—THE UNITED STATES CIVIL SERVICE COMMISSION CBAPTBB Sec 11. OBGANIZATION 1101 13. SPECIAL AUTHOBITY 1301 15. POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES 1501 CHAPTER 11—ORGANIZATION See. 1101. Appointment of Commissioners. 1102. Term of office; filling vacancies; removal. nOS. Chairman; Vice Chairman; Executive Director. 1104. Functions of Chairman. 1105. Boards of examiners. § 1101. Appointment of Commissioners The United States Civil Service Commission is composed of three members appointed by the President, by and with the advice and con- sent of the Senate, not more than two of whom may be adherents of
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 399 the same political party and none of whom may hold another office or position in the Government of the United States. § 1102. Term of office; filling vacancies; removal (a) The term of office of each Civil Service Commissioner is 6 years. The term of one Conmiissioner ends on March 1 of each odd- nmnberedyear. (b) A (Commissioner appointed to fill a vacancy occurring before the end of the term of office of his predecessor serves for the remainder of that term. The appointment is subject to the requirements of section 1101 of this title. (c) When the term of office of a Commissioner ends, he may con- tinue to serve until his successor is appointed and has qualified. (d) The President may remove a Commissioner. §1103. Chairman; Vice Chairman; Executive Director (a) The President shall from time to time designate one of the Commissioners as the presiding head of the Civil Service Commission with the title of "Chairman, United States Civil Service Commission". The Chairman is the chief executive and administrative officer of the Commission. (b) The President shall from time to time designate one of the Commissioners as Vice Chairman of the Commission. During the absence or disability of the Chairman, or when the office is vacant, the Vice Chairman shall perform the functions vested in the Chairman by section 1104 of this title. (c) During the absence or disability of both the Chairman and the Vice Chairman, or when both offices are vacant, the remaining Com- missioner shall perform the functions vested in the Chairman by section 1104 of this title. (d) There is under the Chairman an Executive Director who is appointed in the competitive service by the Chairman. During the absence or disability of all three Commissioners^ or when the offices of the three Commissioners are vacant, the Executive Director shall per- form the functions vested in the Chairman hj section 1104 of this title. However, the Executive Director may not sit as a member or acting member of the Commission. § 1104. Functions of Chairman (a) The following functions are vested in the Chairman, United States Civil Service Commission, and shall be performed by him or, subject to his direction and control, by such employees under his juris- diction as he designates— (1) acting with Civil Service Commission boards of examiners, so far as practicable, to secure accuracy, uniformity, and justice in their proceedings; (2) appointing individuals employed under the Commission, including an employee to have such functions and duties with respect to retirement, life insurance, and health benefits programs as the Commission may prescribe, except that— (A) employees who are engaged regularly and full time in assisting the Commission in the performance of functions reserved to it by subsection (b) of this section are appointed by the Commission; and (B) the regional directors and the heads of the major administrative units reporting directly to the Chairman or Executive Director are appointed by the Chairman only after consultation with the other Commissioners;
400 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (3) directing, and supervising activities of, employees of the Commission, distributing business among employees and organ- izational units of the Commission, and directing the internal management of the affairs of the Commission, except that the func- tions named by this paragraph do not include functions with re- spect to employees whose appointments remain vested in the Commission by paragraph (2) (A) of this subsection; (4) directing the preparation of requests for appropriations and the use and expenditure of funds; and (5) executing, administering, and enforcing— (A) the civil service rules and regulations of the President and the Commission and the statutes governing the same; and (B) the other activities of the Commission including re- tirement and classification activities. (b) The functions named by subsection (a) (5) of this section do not include functions of the Commission with respect to— (1) the preparation of rules under section 1301 of this title, and the making of an annual report under section 1308(a)(1) of this title; (2) the prescription of rules, regulations, or similar policy directives; (3) the prevention of pernicious political activities, including functions under chapter 15 and section 1302(d) of this title; (4) the hearing or providing for the hearing of appeals, in- cluding appeals with respect to examination ratings, veterans' preference, racial and religious discrimination, disciplinary action, performance ratings, and dismissals, and the taking of final action on those appeals; (5) the recommendation to the President for transmittal to Congress of such legislative or other measures as will promote an efficient civil service and a systematic application of merit system principles, including measures relating to the selection, promotion, transfer, performance, pay, conditions of service, tenure, and sepa- ration of employees; (6) the investigation of matters pertaining to the administra- tion of functions of the Commission or Chairman; or (7) the submission of requests for appropriations to the Bureau of the Budget. § 1105. Boards of examiners (a) The Civil Service Commission shall, in the District of Colum- bia, and in one or more places in each State and territory or possession of the United States where examinations are to be held, designate at least three individuals in the service of the United States, residing in the State or territory or possession, to be members of Civil Service Commission boards of examiners. The Commission shall consult the head of the agency in which the individuals are serving before desig- nating them as members of a board of examiners. The Commission may at any time substitute another individual residing in the State or territory or possession for one serving as a member of a board of examiners. The boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend be- fore them. (b) The proceedings of the boards of examiners are open to the Chairman, United States Civil Service Commission.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 401 CHAPTER 13—SPECIAL AUTHORITY Sec. 1301. Rules. 1302. Regulations. 1303. Investigations; reports. 1304. Loyalty investigations; reports; revolving fund. 1305. Hearing examiners. 1306. Oaths to witnesses. 1307. Minutes. 1308. Annual reports. §1301. Rules The Civil Service Commission shall aid the President, as he may request, in preparing the rules he prescribes under this title for the administration of the competitive service. § 1302. Regulations (a) The Civil Service Commission, subject to the rules prescribed by the President under this title for the administration of the com- petitive service, shall prescribe reflations for, control, supervise, and preserve the records of, examinations for the competitive service. (b) The Commission shall prescribe and enforce regulations for the administration of the provisions of this title, and Executive orders issued in furtherance thereof, that implement the Congressional policy that preference shall be given to preference eligibles in certification for appointment, and in appointment, reinstatement, reemployment, and retention, in the competitive service in Executive agencies, perma- nent or temporary, and in the government of the District of Columbia. (c) The Commission shall prescribe regulations for the adminis- tration of the provisions of this title that implement the Congressional policy that preference shall be given to preference eligibles in certifi- cation for appointment, and in appointment, reinstatement, reemploy- ment, and retention, in the excepted service in Executive agencies, permanent or temporary, and in the government of the District of Columbia. (d) The Commission may prescribe reasonable procedure and reg- ulations for the administration of its functions under chapter 15 of this title. § 1303. Investigations; reports The Civil Service Commission may investigate and report on matters concerning— (1) the enforcement and effect of the rules prescribed by the President under this title for the administration of the competi- tive service and the regulations prescribed by the Commission under section 1302(a) of this title; and (2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service. §1304. Loyalty investigations; reports; revolving fund (a) The Civil Service Commission shall conduct the investigations and issue the reports required by the following statutes— (1) sections 272b, 281b(e), 290a, and 1434 of title 22; (2) section 1874(c) of title 42; and (3) section 1203 (e) of title 6, District of Columbia Code. (b) When an investigation under subsection (a) of this section develops data indicating that the loyalty of the individual being investigated is questionable, the Commission shall refer the matter to the Federal Bureau of Investigation for a full field investigation,
402 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. a report of which shall be furnished to the Commission for its informa- tion and appropriate action. (c) When the President considers it in the national interest, he may have the investigations of a group or class, which are required by sub- section (a) of this section, made by the Federal Bureau of Investiga- tion rather than the Commission. (d) The investigation and report required by subsection (a) of this section shall be made by the Federal Bureau of Investigation rather than the Conunission for those specific positions which the Secretary of State certifies are of a high degree of importance or sensitivity. (e) A revolving fund of $4,000,000 is available to the Commission without fiscal year limitation for financing investigations, the costs of which are required or authorized by statute to be borne by appro- priations or funds of other agencies. The fund shall be reimbursed from available funds of agencies for investigations made for them at rates estimated by the Commission to be adequate to recover expenses of operation, including provision for accrued annual leave and depre- ciation of equipment purchased by the fund. Any surplus accruing to the fund in a fiscal year may be applied to restore any impairment of the capital of the fund because of variations between the rates charged for work or services and the amount later determined by the Com- mission to be the cost of performing the work or service. Any surplus remaining shall be jMiid into the general fund of the Treasury of the United States as miscellaneous receipts during the following fiscal year. (f) An agency may use available appropriations to reimburse the Commission or the Federal Bureau of Investigation for the cost of investigations made for them under this section, or to make advances toward their cost. These advances and reimbursements shall be credited directly to the applicable appropriations of the Commission or the Federal Bureau of Investigation. (g) This section does not affect the responsibility of the Federal Bureau of Investigation to investigate espionage, sabotage, or sub- versive acts. § 1305. Hearing examiners For the purpose of sections 3105, 3344, 4301 (2) (E), 5362, and 7521 and the provisions of section 5335(a) (B) of this title that relate to hearing examiners, the Civil Service Commission may investigate, re- quire reports by agencies, issue reports, including an annual report to Congress, prescribe reflations, appoint advisory committees as nec- essary, recommend legislation, subpena witnesses and records, and pay witness fees as established for the courts of the United States. $ 1306. Oaths to witnesses Each Civil Service Commissioner, including the Chairman, and authorized representatives of the Commission or Chairman, may administer oaths to witnesses in matters pending before the Com- mission. § 1307. Minutes The Civil Service Commission shall keep minutes of its proceedings. § 1308. Annual reports (a) The Civil Service Commission shall make an annual report to the President for transmittal to Congress. The report shall include— (1) a statement of the Commission's actions in the administra- tion of the competitive service, the rules and regulations and exceptions thereto in force, the reasons for exceptions to the rules,
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 403 the practical effects of the rules and regulations, and any recom- mendations for the more effectual accomplishment of the purposes of the provisions of this title that relate to the administration of the competitive service; (2) the results of the incentive awards program authorized by chapter 45 of this title with related recommendations; (3) at the end of each fiscal year, the names, addresses, and nature of employment of the individuals on whom the Commis- sion has imposed, a penalty for prohibited political activity under section 7326 of this title, with a statement of the facts on which action was taken, and the penalty imposed; and (4) a statement, in the form determined by the Commission with the approval of the President, on the training of employees under chapter 41 of this title, including— (A) a summary of information concerning the operation and results of the training programs and plans of the agencies; (B) a summary of information received by the Commis- sion from the agencies under section 4113 (b) of this title; and (C) the recommendations and other matters considered appropriate by the President or the Commission or required by Congress. (b) The Commission shall report annually to the President for transmittal to Congress on the administration of chapter 41 of this title, including the information received by the Commission from the agencies under section 4113(b) ^2) and (3) of this title. (c) The Commission shall puolish an annual report on the opera- tion of subchapter I I I of chapter 83 of this title, including a statement concemhig the status of the Civil Service Retirement and Disability Fund on a normal cost plus interest basis. (d) The Commission shall report annually to Congress on the opera- tion of chapter 87 of this title. (e) The Commission shall report annually to Congress on the opera- tion of chapter 89 of this title. CHAPTER IS—POLITICAL ACTIVITY OF CERTAIN STATE AND LOCAL EMPLOYEES Sec 1501. Definitions. 15(^. Influencing elections; taking part in political campaigns; prohibitions; exceptions. 1503. Nonpartisan political activity permitted. 1504. Investigations; notice of hearing. 1505. Hearings; adjudications; notice of determinations. 1506. Orders; withholding loans or grants; limitations. 1507. Subpenas and depositions. 1508. Judicial review. § 1501. Definitions For the purpose of this chapter— (1) "State" means a State or territory or possession of the United States; (2) "State or local agency" means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof; (3) "Federal agency" means an Executive agency or other agency of the United States, but does not include a member bank of the Federal Reserve System;
404 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (4) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, but does not include— (A) an individual who exercises no functions in connection with that activity; or (B) an individual employed by an educational or research institution, establishment, agency, or system which is sup- ported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cul- tural organization; and (6) the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of em- ployees in the competitive service before July 19, 1940, by deter- minations of the Civil Service Commission under the rules prescribed by the President. §1502. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) A State or local officer or employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomina- tion for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or con- tribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) take an active part in political management or in political campaigns. (b) A State or local officer or employee retains the right to vote as he chooses and to express his opinions on political subjects and candidates. (c) Subsection (a) (3) of this section does not apply to— (1) the Governor or Lieutenant Governor of a State or an individual authorized by law to act as Governor; (2) the mayor of a city; (3) a duly elected head of an executive department of a State or municipality who is not classified under a State or mimicipal merit or civil-service system; or (4) an individual holding elective office. § 1503. Nonpartisan political activity permitted Section 1502(a) (3) of this title does not prohibit political activity in connection with— (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as rep- resenting a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a Na- tional or State political party. F o r the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party.
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1%6 405 § 1504. Investigations; notice of hearing When a Federal a,g&ncj charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or em- ployee has violated section 1502 of this title, it shall report the matter to the Civil Service Commission. On receipt of the report, or on receipt of other information which seems to the Commission to warrant an investigation, the Commission shall— (1) fix a time and place for a hearing; and (2) send, by registered or certified mail, to the officer or em- ployee charged wdth the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing. The hearing may not be held earlier than 10 days after the mailing of the notice. §1505. Hearings; adjudications; notice of determinations Either the State or local officer or employee or the State or local agency employing him, or both, are entitled to appear with counsel at the hearing under section 1504 of this title, and be heard. After this hearing, the Civil Service Commission shall— (1) determine whether a violation of section 1502 of this title has occurred; (2) determine whether the violation warrants the removal of the officer or employee from his office or employment; and (3) notify the officer or employee and the agency of the deter- mination by registered or certified mail. §1506. Orders; withholding loans or grants; limitations (a) When the Civil Service Commission finds— (1) that a State or local officer or employee has not been re- moved from his office or employment within 30 days after notice of a determination by the Commission that he has violated section 1502 of this title and that the violation warrants removal; or (2) that the State or local officer or employee has been removed and has been appointed within 18 months after his removal to an office or employment in the same State in a State or local agency which does not receive loans or grants from a Federal agency; the Commission shall make and certify to the appropriate Federal agency an order requiring that agency to withhold from its loans or grants to the State or local agency to which notice was given an amount equal to 2 years' pay at the rate the officer or employee was receiving at the time of the violation. When the State or local agency to which appointment within 18 months after removal has been made is one that receives loans or grants from a Federal agency, the Com- mission order shall direct that the withholding be made from that State or local agency. (b) Notice of the order shall be sent by registered or certified mail to the State or local agency from which the amount is ordered to be withheld. After the order becomes final, the Federal agency to which the order is certified shall withhold the amount in accordance with the terms of the order. Except as provided by section 1608 of this title, a determination or order of the Commission becomes final at the end of 30 days after mailing the notice of the determination or order. (c) The Commission may not require an amount to be withheld from a loan or grant pledged by a State or local agency as security for its bonds or notes if the withholding of that amount would jeopardize the payment of the principal or interest on the bonds or notes.
406 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 SxAt § 1507. Subpenas and depositions (a) The Civil Service Commission may require by subpena the attendance and testimony of witnesses and the production of docu- mentary evidence relating to any matter before it as a result of this chapter. Any member of the Commission may sign subpenas, and members of the Commission and its examiners when authorized by the Commission may administer oaths, examine witnesses, and receive evidence. The attendance of witnesses and the production of docu- mentary evidence may be required from any place in the United States at the designated place of hearing. I n case of disobedience to a sub- pena, the Commission may invoke the aid of a court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. I n case of contumacy or refusal to obey a subpena issued to a person, the United States District Court within whose jurisdiction the inquiry is carried on may issue an order requiring him to appear before the Commission, or to produce docu- mentary evidence if so ordered, or to give evidence concerning the matter in question; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (b) The Commission may order testimony to be taken by deposi- tion at any stage of a proceeding or investigation before it as a result of this chapter. Depositions may be taken before an individual desig- nated by the Commission and having the power to administer oaths. Testimony shall be reduced to writing by the individual taking the deposition, or under his direction, and shall be subscribed by the deponent. Any person may be compelled to appear and depose and to produce documentary evidence before the Commission as provided by this section. (c) A person may not be excused from attending and testifying or from producing documentary evidence or in obedience to a subpena on the ground that the testimony or evidence, documentary or other- wise, required of him may tend to incriminate him or subject him to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify, or produce evi- dence, documentary or otherwise, before the Commission in obedience to a subpena issued by it. A person so testifying is not exempt from prosecution and punishment for perjury committed in so testifying. § 1508. Judicial review A party aggrieved by a determination or order of the Civil Service Commission under section 1504,1505, or 1506 of this title may, within 30 days after the mailing of notice of the determination or order, institute proceedings for review thereof by filing a petition in the United States District Court for the district in which the State or local officer or employee resides. The institution of the proceedings does not operate as a stay of the determination or order unless— (1) the court specifically orders a stay; and (2) the officer or employee is suspended from his office or em- ployment while the proceedings are pending. A copy of the petition shall immediately be served on the Commission, and thereupon the Commission shall certify and file in the court a transcript of the record on which the determination or order was made. The court shall review the entire record including questions of fact and questions of law. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that the additional evidence may materially affect the result of the proceedings and that there were reasonable grounds for failure to adduce this evidence in the hearing before the Commission, the
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 407 court may direct that the additional evidence be taken before the Com- mission in the manner and on the terms and conditions fixed by the court. The Commission may modify its findings of fact or its deter- mination or order in view of the additional evidence and shall file with the court the modified findings, determination, or order; and the modi- fied findings of fact, if supported by substantial evidence, are con- clusive. The court shall affirm the determination or order, or the modi- fied determination or order, if the court determines that it is in accord- ance with law. If the court determines that the determination or order, or the modified determination or order, is not in accordance with law, the court shall remand the proceeding to the Commission with directions either to make a determination or order determined by the court to be lawful or to take such further proceedings as, in the opinion of the court, the law requires. The judgment and decree of the court are final, subject to review by the appropriate United States Court of Appeals as in other cases, and the judgment and decree of the court of appeals are final, subject to review by the Supreme Court of the United States on certiorari or certification as provided by section 1254 of title 28. If a provision of this section is held to be invalid as applied to a party by a determination or prder of the Commission, the deter- mination or order becomes final and effective as to that party as if the provision had not been enacted. PART III—EMPLOYEES SUBPART A—GENERAL PROVISIONS CHAFTEB See. 21. D E F I N I T I O N S 2101 29. C O M M I S S I O N S , OATHS, RECORDS, AND REPORTS 2901 SUBPART B — E M P L O Y M E N T AND RETENTION 3 1 . A U T H O R I T Y FOR EMPLOYMENT 3101 33. E X A M I N A T I O N , SELECTION, AND PLACEMENT 3301 35. RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT 3501 SUBPART C—EMPLOYEE PERFORMANCE 41. T R A I N I N G 4101 43. PERFORMANCE RATING 4301 45. INCENTIVE AWARDS 4501 SUBPART D — P A Y AND ALLOWANCES 51. CLASSIFICATION 5101 53. P A Y RATES AND SYSTEMS 5301 55. P A Y ADMINISTRATION 5501 57. TRAVEL, TRANSPORTATION, AND SUBSISTENCE 5701 59. ALLOWANCES 5901 SUBPART E—ATTENDANCE AND LEAVE 61. HOURS OF WORK 6101 63. LEAVE 6301 SUBPART F — E M P L O Y E E RELATIONS 71. POLICIES 7101 73. SUITABILITY, SECURITY, AND CONDUCT 7301 75. ADVERSE ACTIONS 7501 77. APPEALS 7701 79. SERVICES TO EMPLOYEES 7901 SUBPART G—INSURANCE AND ANNUITIES 81. COMPENSATION FOR WORK I N J U R I E S 8101 83. REnEEMEaTii 8301 85. UNEMPLOYMENT COMPENSATION 8501 87. L I F E INSURANCE 8701 89. H E A L T H INSURANCE 8901
408 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Subpart A—General Provisions CHAPTER 21—DEFINITIONS Sec. 2101. Civil service; armed forces; uniformed services. 2102. The competitive service. 2103. The excepted service. 2104. Officer. 2105. Employee. 2106. Member of (Congress. 2107. Congressional employee. 2108. Veteran; disabled veteran; preference eligible. § 2101. Civil service; armed forces; uniformed services For the purpose of this title— (1) the "civil service" consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services; (2) "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; and (3) "uniformed services" means the armed forces, the commis- sioned corps of the Public Health Service, and the commissioned corps of the Coast and Geodetic Survey. § 2102. The competitive service (a) The "competitive service" consists of— (1) all civil service positions in the executive branch, except— (A) positions which are specifically excepted from the competitive service by or under statute; and (B) positions to which appointments are made by nomina- tion for confirmation by the Senate, unless the Senate other- wise directs; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and (3) positions in the government of the District of Columbia which are specifically mcluded in the competitive service by statute. (b) Notwithstanding subsection (a) (1') (B) of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. (c) As used in other Acts of Congress, "classified civil service" or "classified service" means the "competitive service". § 2103. The excepted service (a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service. (b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service". §2104. Officer For the purpose of this title, "officer", except when specifically modi- fied, means a justice or judge of the United States and an individual who is— (1) required by law to be apj)ointed in the civil service by one of the following acting in an official capacity— (A) the President; CB) a court of the United States; IC) the head of an Executive agency; or (D) the Secretary of a military department;
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 409 (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an authority named by para- rapn (1) of this section, or the Judicial Conference of the United § tates, while engaged in the performance of the duties of his office. § 2105. Employee (a) For the purpose of this title, "employee", except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) apj)ointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; or (E) the head of a Government controlled corporation; (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by para- graph (1) of this subsection while engaged in the performance of the duties of his position. (b) An individual employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the mid- shipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy, is deemed an employee. (c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges. Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces con- ducted for the comfort, pleasure, contentment, and mental and phys- ical improvement of personnel of the armed forces is deemed not an employee for the purpose of— (1) laws administered by the Civil Service Commission; or (2) subchapter I of chapter 81 and section 7902 of this title. This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities. (d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an indi- vidual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity. § 2106. Member of Congress For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, and the Resident Commissioner from Puerto Rico. § 2107. Congressional employee For the purpose of this title, "Congressional employee" means— (1) an employee of either House of Congress, of a committee of oither House, or of a joint committee of the two Houses;
410 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (2) an elected officer of either House who is not a Member of Congress; (3) the Legislative Counsel of either House and an employee of his office; (4) a member of the Capitol Police; (5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Clerk of the House of Representatives; (6) an Official Reporter of Debates of the Senate, and an indi- vidual employed by the Official Reporters of Debates of the Senate in connection with the performance of their official duties; and (7) the Architect of the Capitol and an employee of the Archi- tect of the Capitol. § 2108. Veteran; disabled veteran; preference eligible For the purpose of this title— (1) "veteran" means an individual who served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955, and has been separated therefrom under honorable conditions; (2) "disaoled veteran" means an individual who has served on active duty in the armed forces, has been separated therefrom under honorable conditions, and has established the present ex- istence of a service-connected disability or is receiving compensa- tion, disability retirement benefits, or pension because of a public statute administered by the Veterans' Administration or a mili- tary department; and (3) "preference eligible" means— (A) a veteran; (B) a disabled veteran; (C) the unmarried widow of a veteran; (D) the wife of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia; (E) the mother of an individual who lost his life under honorable conditions while serving in the armed forces during a period named by paragraph (1) of this section, if— (i) her husband is totally and permanently disaoled; (ii) she is widowed, divorced, or separated from the father and has not remarried; or (iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed; and (F) the mother of a service-connected permanently and totally disabled veteran, if— (i) her husband is totally and permanently disabled; (ii) she is widowed, divorced, or separated from the father and has not remarried; or (iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed.
80 STAT.] PUBLIC LAW89-554-SEPT. 6, 1966 411 CHAPTER 2&-C0MMISSI0NS, OATHS, RECORDS, AND REPORTS SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS Sec. 2901. Commission of an officer. 2902. Commission; where recorded. 2903. Oath; authority to administer. 2904. Oath; administered without fees. 2905. Oath; renewal. 2906. Oath; custody. SUBCHAPTER II—REPORTS Sec. 2951. Reports to the Civil Service Commission. 2952. Time of making annual reports. 2953. Reports to Congress on additional employee requirements. 2954. Information to committees of Congress on request. SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS § 2901. Commission of an officer The President may^ make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been con- firmed by the Senate. § 2902. Commission; where recorded (a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the Presi- dent. (b) The commission of an officer in the civil service or uniformed services under the control of the Postmaster General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of a military department, the Secretary of the Interior, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that department. The departmental seal may not be affixed to the commission before the commission has been signed by the President. (c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Depart- ment of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the Presi- dent. § 2903. Oath; authority to administer (a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or ter- ritory or possession of the United States where the oath is administered.
412 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military depart- ment with respect to an employee of his department, may administer— (1) the oath of office required by section 3331 of this title, inci- dent to entrance into the executive branch; or (2) any other oath required by law in connection with employ- ment in the executive branch. (c) An oath authorized or required under the laws of the United States may be administered by— (1) the Vice President; or (2) an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered. § 2904. Oath; administered without fees An employee of an Executive agency who is authorized to admin- ister the oath of office required by section 3331 of this title, or any other oath required by law in connection with employment in the executive branch, may not charge or receive a fee or pay for administering the oath. §2905. Oath; renewal (a) An employee of an Executive agency or an individual employed by the government of the District of Columbia who, on original ap- pointment, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath because of a change in status so long as his service is continuous in the agency in which he is employed, unless, in the opinion of the head of the Executive agency, the Secretary of a military department with respect to an employee of liis department, or the Commissioners of the District of Columbia, the public interest so requires. (b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by section 3331 of this title is not required to renew the oath so long as his service as an employee of that House of Congress is continuous. §2906. Oath; custody The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains. SUBCHAPTER II—REPORTS § 2951. Reports to the Civil Service Commission The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that— (1^ the appointing authority notify the Civil Service Commis- sion in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined— (A) appointment and residence of appointee; (B) separation during probation; (C) transfer; (D) resignation; and ( E ) removal; and (2) the Commission keep records of these actions.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 413 § 2952. Time of making annual reports Except when a different time is specifically prescribed by statute, the head of each Executive department or military department shall make the annual reports, required to be submitted to Congress, at the beginning of each regular session of Congress. The reports shall cover the transactions of the preceding year. § 2953. Reports to Congress on additional employee requirements (a) Each report, recommendation, or other communication, of an official nature, of an Executive agency which— (1) relates to pending or proposed legislation which, if enacted, will entail an estimated annual expenditure of appropriated funds in excess of $1,000,000; (2) is submitted or transmitted to Congress or a committee thereof in compliance with law or on the initiative of the appro- priate authority of the executive branch; and (3) officially proposes or recommends the creation or expansion, either by action of Congress or by administrative action, of a function, activity, or authority of the Executive agency to be in addition to those functions, activities, and authorities thereof existing when the report, recommendation, or other communica- tion is so submitted or transmitted; shall contain a statement, concerning the Executive agency, for each of the first 5 fiscal years during which each additional or expanded function, activity, or authority so proposed or recommended is to be in effect, setting forth the following information— (A) the estimated maximum additional— (i) man-years of civilian employment, by general cate- gories of positions; (ii) expenditures for personal services; and (iii) expenditures for all purposes other than personal services; which are attributable to the function, activity, or authority and which will be required to be effected by the Executive agency in connection with the performance thereof; and (B) such other statement, discussion, explanation, or other in- formation as is considered advisable by the appropriate authority of the executive branch or that is required by Congress or a com- mittee thereof. (b) Subsection (a) of this section does not apply to— ^1) the Central Intelligence Agency; (2) a Government controlled corporation; or (3) the General Accounting Office. §2954. Information to committees of Congress on request An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Government Operations of the Senate, or any five members thereof, shall submit any informa- tion requested of it relating to any matter within the jurisdiction of the committee. 65-300 0-67—29
414 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Subpart B—Employment and Retention CHAPTER 31—AUTHORITY FOR EMPLOYMENT Sec. 3101. General authority to employ. 3102. Employment of readers for blind employees. 3103. Employment at seat of Government only for services rendered. 3104. Employment of specially qualified scientific and professional personnel. 3105. Appointment of hearing examiners. 3106. Employment of attorneys; restrictions. 3107. Employment of publicity experts; restrictions. 3108. Employment of detective agencies; restrictions. 3109. Employment of experts and consultants; temiwrary or intermittent. § 3101. General authority to employ Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year, §3102. Employment of readers for blind employees (a) F o r the purpose of this section— (1) "agency" means— (A) an Executive agency; (B) the Library of Congress; and (C) the government of the District of Columbia; ('2) "head of each agency" means the Board of Commissioners of the District of Columbia with respect to the government of the District of Columbia; (3) "blind employee" means an individual employed by an agency who establishes, to the satisfaction of the appropriate authority of the agency concerned and under regulations of the head of that agency, that he has an impairment of sight, either permanent or temporary, which is so severe or disabling that the employment of a reading assistant or assistants for that individual is necessary or desirable to enable him properly to perform his work; and (4) "nonprofit organization" means an organization determined by the Secretary of the Treasury to be an organization described by section 501(c) of title 26 which is exempt from taxation under section 501(a) of title 26. (b) The head of each agency may employ a reading assistant or assistants for a blind employee of his agency, to serve without pay from the agency, without regard to— (1) the provisions of this title governing appointment in the competitive service; and (2) chapter 51 and subchapter I I I of chapter 53 of this title. A reading assistant so employed may be paid and receive pay for his services as reading assistant by and from the blind employee or a non- profit organization, without regard to section 209 of title 18. (c) This section may not be held or considered to prevent or limit in any way the assignment to a blind employee by an agency of clerical or secretarial assistance, at the expense of the agency and under statutes and regulations currently applicable at the time, if that as- sistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 415 §3103. Employment at seat of Government only for services rendered An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service. §3104. Employment of specially qualified scientific and profes- sional personnel (a) The head of an agency named below may establish scientific or professional positions to carry out the research and development functions of his agency which require the services of specially qualified personnel within the following limits: (1) Department of the Interior—not more than 8. (2) Department of Agriculture—not more than 20. (3) Department of Health, Education, and "Welfare—not more than 13. (4) Department of Commerce—not more than 30, of which at least 5 are for the United States Patent Office in its examining and related activities. (5) Post Office Department—not more than 3. (6) United States Arms Control and Disarmament Agency— not more than 14. (7) Library of Congress—not more than 8. (b) When a general appropriation statute authorizes an agency named by this section to establish and fix the pay of scientific or pro- fessional positions similar to those authorized by this section, the number of positions authorized by this section is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. (c) The head of each agency authorized to establish and fix the pay of positions under this section and section 5361 of this title shall submit to Congress, not later than December 31 of each year, a report setting forth— (1) the number of these positions established in his agency during that calendar year; and (2) the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each. When the head of such an agency considers full public report on these items detrimental to the national security, he may omit the items from his annual report and, instead, present the information in executive session of such committee of a House of Congress as the presiding officer thereof may designate. § 3105. Appointment of hearing examiners Each agency shall appoint as many hearings examiners as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Hearing examiners shall be assigned to cases in rotation so far as practicable, and may not per- form duties inconsistent with their duties and responsibilities as hearing examiners. § 3106. Employment of attorneys; restrictions Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or
416 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Depart- ment of Justice. This section does not apply to the employment and payment of counsel under section 1037 of title 10. § 3107. Employment of publicity experts; restrictions Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose. §3108. Employment of detective agencies; restrictions An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia. §3109. Employment of experts and consultants; temporary or intermittent (a) For the purpose of this section— (1) "agency'' has the meaning given it by section 5721 of this title; and (2) "appropriation" includes funds made available by statute under section 849 of title 31. (b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 5 of title 41, except in the case of stenographic re- porting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under section 5332 of this title only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. CHAPTER 33—EXAMINATION, SELECTION, AND PLACEMENT SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT Sec. 3301. Civil service; generally. 3302. Competitive service; rules. 3303. Competitive service; recommendations of Senators or Representatives. 3304. Competitive service; examinations. 3305. Competitive service; examinations; when held. 3306. Competitive service; departmental service; apportionment. 3307. Competitive service; maximum-age requirement; restriction on use of appropriated funds. 3308. Competitive service; examinations; educational requirements prohibited; exceptions. 3309. Preference eligibles; examinations; additional points for. 3310. Preference eligibles; examinations; guards, elevator operators, mes- sengers, and custodians. 33U. Preference eligibles; examinations; crediting experience.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 417 Sec. 3312. Preference eligibles; physical qualifications; waiver. 3313. Competitive service; registers of eligibles. 3314. Kegisters; preference eligibles who resigned. 3315. Registers; preference eligibles furloughed or separated. 3316. Preference eligibles; reinstatement. 3317. Competitive service; certification from registers. 3318. Comi)etitive service; selection from certificates. 3319. Competitive service; selection; members of family restriction. 3320. Excepted service; government of the District of Columbia; selection. 3321. Competitive service; probation; period of. 3322. Competitive service; temporary appointments after age 70. 3323. Automatic separations; reappointment; reemployment of annuitants. 3324. Appointments at GS-16,17, and 18. 3325. Appointments to scientific and professional positions. 3326. Appointments of retired members of the armed forces to positions in the Department of Defense. 8327. Postmasters; standards for determination of qualifications. SUBCHAPTER II—OATH OF OFFICE Sec. 3331. Oath of oflice. 3332. Oflicer aflidavit; no consideration paid for appointment. 3333. Employee aflldavit; loyalty and striking against the Government. SUBCHAPTER III—DETAILS Sec. 3341. Details; within Executive or military departments. 3342. Details; field to departmental service prohibited. 3343. Details; to international organizations. 3344. Details; hearing examiners. 3345. Details; to oflSce of head of Executive or military department. 3346. Details; to subordinate ofiQces. 3347. Details; Presidential authority. 3348. Details; limited in time. 3349. Details; to fill vacancies; restrictions. SUBCHAPTER IV—TRANSFERS Sec. 3351. Preference eligibles; transfer; physical qualifications; waiver. SUBCHAPTER V—PROMOTION Sec. 3361. Promotion ; competitive service ; examination. 3362. Promotion; effect of incentive award. 3363. Preference eligibles; promotion; physical qualifications; waiver. 3364. Promotion; substitute employees in the postal field service. SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT §3301. Civil service; generally The President may— (1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service; (2) ascertain the fitness of applicants as to age, health, char- acter, knowledge, and ability for the employment sought; and (3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section. § 3302. Competitive service; rules The President may prescribe rules governing the competitive serv- ice. The rules shall provide, as nearly as conditions of good adminis- tration warrant, for— (1) necessary exceptions of positions from the competitive serv- ice; and
418 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (2) necessary exceptions from the provisions of sections 2951, 3304(a), 3306(a) (1), 3321,7152, 7153,7321, and 7322 of this title. Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules. § 3303. Competitive service; recommendations of Senators or Rep- resentatives An individual concerned in examining an applicant for or appoint- ing him in the competitive service may not receive or consider a rec- ommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant. § 3304. Competitive service; examinations (a) The President may prescribe rules which shall provide, as near- ly as conditions of good administration warrant, for— (1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appoint- ment sought; and (2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy. (b) An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from exami- nation under section 3302 of this title. This subt;°.ction does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. (c) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served— (1) for at least 3 years in the legislative branch in a posi- tion in which he was paid by the Secretary of the Senate or the Clerk of the House of Kepresentatives; or (2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States; acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this sub- section, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces. (d) Employees at any place outside the District of Columbia where the President or a Civil Service Commission board of examiners di- rects that examinations be held shall allow the reasonable use of pub- lic buildings for, and in all proper ways facilitate, holding the examinations. § 3305. Competitive service; examinations; when held (a) The Civil Service Commission shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 419 (b) The Commission shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3) ( B ) - ( F ) of tiiis title. The examina- tion shall be held during the quarter following the application. § 3306. Competitive service; departmental service; apportionment (a) (1) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that appoint- ments in the departmental service in the District of Columoia be apportioned among the States, territories and possessions of the United States, and the District of Columbia on the basis of population as ascertained at the last census. (2) Paragraph (1) of this subsection does not apply to a pref- erence eligible, but he may be required to furnish evidence of residence and domicile. (b) An application for examination for appointment in the depart- mental service in the District of Columbia shall be accompanied by— (1) a certificate under the seal of an official of the county and State of which the applicant claims to be a resident, that the applicant was a legal or voting resident of the State when he made the application and had been for at least 1 year before making the application; or (2) a statement of the applicant under oath setting forth his legal or voting residence for 1 year before making the applica- tion, accompanied by letters from three reputable citizens of the State in which residence is claimed corroborating the statement. This subsection does not apply to an employee serving in the competi- tive service with competitive status who seeks promotion or appoint- ment to another position. §3307. Competitive service; maximum-age requirement; restric- tion on use of appropriated funds Appropriated funds may not be used to pay an employee who estab- lishes a maximum-age requirement for entrance into the competitive service. §3308. Competitive service; examinations; educational require- ments prohibited; exceptions The Civil Service Commission or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Commission decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Commission shall make the reasons for its decision under this section a part of its public records. § 3309. Preference eligibles; examinations; additional points for A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows— (1) a preference eligible under section 2108(3) ( B ) - ( F ) of this title—10 points; and (2) a preference eligible under section 2108(3) (A) of this title—5 points.
420 PUBLIC LAW 89-554-SEPT. 6, 1%6 [80 STAT. § 3310. Preference eligibles; examinations; guards, elevator oper- ators, messengers, and custodians I n examinations for positions of guards, elevator operatorSj mes- sengers, and custodians in the competitive service, competition is restricted to preference eligibles as long as preference eligibles are available. § 3311. Preference eligibles; examinations; crediting experience I n examinations for the competitive service in which experience is an element of qualification, a preference eligible is entitled to credit—• (1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and (2) for all experience material to the position for which exam- ined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor. § 3312. Preference eligibles; physical qualifications; waiver I n determining qualifications of a preference eligible for examina- tion for, appointment in, or reinstatement in the competitive service, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commis- sion or other examining agency, after considering the recom- mendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. § 3313. Competitive service; registers of eligibles The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order— (1) for scientific and professional positions in GS-9 or higher, in the order of their ratings, including points added under sec- tion 3309 of this title; and (2) for all other positions— (A) disabled veterans who have a compensable service- connected disability of 10 percent or more, in order of their ratings, including points added under section 3309 of this title; and (B) remaining applicants, in the order of their ratings, including points added under section 3309 of this title. The names of preference eligibles shall be entered ahead of others having the same rating. § 3314. Registers; preference eligibles who resigned A preference eligible who resigns, on request to the Civil Service Commission, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by section 3313 of this title. § 3315. Registers; preference eligibles furloughed or separated (a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by section 3313 of this title. This subsection applies to regis-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 421 ters and employment lists maintained by the Civil Service Commis- sion, an Executive agency, or the government of the District of Colmnbia. (b) The Commission may declare a preference eligible who has been separated or furloughed without pay under section 7512 of this title to be entitled to the benefits of subsection (a) of this section. § 3316. Preference eligibles; reinstatement On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competi- tive service, an Executive agency, or the government of the District of Columbia. § 3317. Competitive service; certification from registers (a) The Civil Service Commission shall certify enough names from the top of the appropriate register to permit a nominating or appoint- ing authority w^ho has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the com- petitive service. (b) When an appointing authority, for reasons considered suffi- cient by the Commission, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of dis- continuance of certification. § 3318. Competitive service; selection from certificates (a) The nominating or appointing authority shall select for ap- pointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under section 3317(a) of this title, unless objection to one or more of the individuals certified is made to, and sustained by, the Civil Service Commission for proper and adequate reason under regulations prescribed by the Commission. (b) An appointing authority who passes over a preference eligible on a certificate and selects an individual who is not a preference eligible shall file written reasons with the Commission for passing over the preference eligible. The Commission shall make these reasons a part of the record of the preference eligible. The Commission may require the submission of more detailed information in support of the passing over of the preference eligible. The Commission shall deter- mine the sufficiency or insufficiency of the reasons submitted and shall send its findings to the appointing authority. The appointing author- ity shall comply with the findings of the Commission. The preference eligible or his representative, on request, is entitled to a copy of— (1) the reasons submitted by the appointing authority; and (2) the findings of the Commission. (c) When three or more names of preference eligibles are on a reemployment list appropriate for the position to be filled, a nomi- nating or appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108(3) ( B ) - ( F ) of this title. § 3319. Competitive service; selection; members of family restric- tion (a) When two or more members of a family are employed in the competitive service, another member of the same family is not eligible for appointment in the competitive service.
422 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) Subsection (a) of this section does not apply to a preference eligible. § 3320. Excepted service; government of the District of Columbia; selection The nominating or appointing authority shall select for appoint- ment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants m the same manner and under the same conditions required for the competitive service by sections 3308-3318 of this title. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate. § 3321. Competitive service; probation; period of The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that there shall be a period of probation before an appointment in the competitive service becomes absolute. § 3322. Competitive service; temporary appointments after age 70 An individual who has reached his 70th birthday may be appointed to a position in the competitive service only on a temporary basis. §3323. Automatic separations; reappointment; reemployment of annuitants (a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appoint- ment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Execu- tive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia. (b) Notwithstanding other statutes, an annuitant as defined by section 8331 of this title receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which he is qualified. An annuitant so reemployed serves at the will of the ap- pointing authority. (c) Notwithstanding subsection (a) of this section, a Foreign Service officer retired under section 1001 or 1002 of title 22 or a Foreign Service staff officer or employee retired under section 1063 of title 22 is not barred by reason of his retired status from employment in a position in the civil service for which he is (Qualified. An annuitant so reemployed serves at the will of the appointing authority. (d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under section 569a of title 33, may employ a retired employee whose expert assistance is needed in connection with river and harbor or flood control works. There shall be deducted from the pay of an employee so reemployed an amount equal to the annuity or retired pay allocable to the period of actual employment. § 3324. Appointments at GS-16,17, and 18 Ants, p. 288. ^^^ ^jj appointment to a position in GS-16,17, or 18 may be made only on approval of the qualifications of the proposed appointee by
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 the Civil Service Commission. This section does not apply to a position— (1) provided for in section 5108(c) (2) of this title; (2) to which appointment is made by the President; (3) to which appointment is made by the Librarian of Con- gress; or (4) the incumbent of which is paid from— (A) appropriations for the Executive Office of the Presi- dent under the headings "The White House Office", "Special Projects", "Council of Economic Advisers", "National Secu- rity Council", and "Office of Emergency Planning", or (B) funds appropriated to the President under the head- ing "Emergency F u n d for the President" by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, ^^ ^^^'' --02. or a later statute making appropriations for the same purpose, (b) The Commission may prescribe regulations necessary for the administration of this section. § 3325. Appointments to scientific and professional positions (a) Positions established under section 3104 of this title are in the competitive service. However, appointments to the positions are made without competitive examination on approval of the qualifica- tions of the proposed appointee by the Civil Service Commission or its designee for this purpose. (b) This section does not apply to positions established under section 3104(a) (7) of this title. § 3326. Appointments of retired members of the armed forces to positions in the Department of Defense (a) F o r the purpose of this section, "member" and "Secretary con- cerned" have the meanings given them by section 101 of title 37. (b) A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the juris- diction of the armed forces) during the period of 180 days immediately after his retirement only if— (1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Civil Service Commission; (2) the minimum rate of basic pay for the position has been in- creased under section 5303 of this title; or (3) a state of national emergency exists. (c) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by sub- section (b) (1) of this section shall be accompanied by a statement which shows the actions taken to assure that— (1) full consideration, in accordance with placement and pro- motion procedures of the department concerned, was given to eligible career employees; (2) when selection is by other than certification from an estab- lished civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply; (3) qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and (4) the position has not been held open pending the retirement of the retired member.
424 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. §3327. Postmasters; standards for determination of qualifica- tions I n evaluating the qualifications of applicants for positions of post- master, the Civil Service Commission shall give, with respect to each applicant, due and appropriate consideration to experience in the ix>stal field service, including seniority, length of service, level of difficulty and responsibility of work, attendance, awards and com- mendations, and performance rating. SUBCHAPTER II—OATH OF OFFICE § 3331. Oath of office A n individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: " I , A B , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and alle- giance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." This section does not affect other oaths required by law. §3332. Officer affidavit; no consideration paid for appointment An officer, within 30 days after the effective date of his appoint- ment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone actmg in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appoint- ment. §3333. Employee affidavit; loyalty and striking against the Government (a) Except as provided by subsection (b) of this section, an indi- vidual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or em- ployment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title. (b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involv- ing the loss of human life or the destruction of property. This sub- section does not relieve an individual from liability for violation of section 7311 of this title. SUBCHAPTER III—DETAILS § 3341. Details; within Executive or military departments (a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work. (b) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 425 more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days. §3342. Details; field to departmental service prohibited An employee in the field service may not be detailed for duty in an Executive department in the District of Columbia. This section does not prohibit— (1) temporary details for duty connected with the position of the employee detailed ; (2) details specially provided by law; or (3) the detail of one employee of the Bureau of Customs for duty in the Department of the Treasury in the District of Colum- bia. § 3343. Details; to international organizations (a) F o r the purpose of this section— (1) "agency", "employee", and "international organization" have the meanings given them by section 3581 of this title; and (2) "detail" means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organi- zation. (b) The head of an agency may detail, for a period of not more than 3 years, an employee of his agency to an international orga- nization which requests services. (c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title. (d) Details may be made under subsection (b) of this section— (1) without reimbursement to the United States by the inter- national organization; or (2) with agreement by the international organization to re- imburse the United States for all or part of the pay, travel ex- penses, and allowances payable during the detail, and the re- imbursement shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed. (e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allow- ances or expenses incurred in the performance of duties required by the detail, without regard to section 209 of title 18. § 3344. Details; hearing examiners An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with hearing examiners ap- pointed under section 3105 of this title may use hearing examiners selected by the Civil Service Commission from and with the consent of other agencies. §3345. Details; to office of head of Executive or military depart- ment When the head of an Executive department or military department dies, resigns, or is sick or absent, his first assistantj unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops.
426 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 3346. Details; to subordinate offices When an officer of a bureau of an Executive department or military department, whose appointment is not vested in the head of the department, dies, resigns, or is sick or absent, his first assistant, unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops. § 3347. Details; Presidential authority Instead of a detail under section 3345 or 3346 of this title, the President may direct the head of another Executive department or military department or another officer of an Executive department or military department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the office until a successor is appointed or the absence or sickness stops. This section does not apply to a vacancy in the office of Attorney General. § 3348. Details; limited in time A vacancy caused by death or resignation may be filled temporarily under section 3345,3346, or 3347 of this title for not more than 30 days. §3349. Details; to fill vacancies; restrictions A temporary appointment, designation, or assignment of one officer to perform the duties of another under section 3345 or 3346 of this title may not be made otherwise than as provided by those sections, except to fill a vacancy occurring during a recess of the Senate. SUBCHAPTER IV—TRANSFERS §3351. Preference eligibles; transfer; physical qualifications; waiver I n determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the re- quirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of. the Senate, except an appointment made under section 3311 of title 39. S U B C H A P T E R V—PROMOTION § 3361. Promotion; competitive service; examination A n individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examma- tion under section 3302 of this title. This section does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the com- petitive service. § 3362. Promotion; effect of incentive award An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 title. For the purpose of this section, "agency" and "employee" have the meanings given them by section 4501 of this title. §3363. Preference eligibles; promotion; physical qualifications; waiver In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Com- mission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an appointment made under section 3311 of title 39. § 3364. Promotion; substitute employees in the postal field service When substitute employees in the postal field service are appointed on the same day, each is entitled to be promoted to the regular force in the order in which his name appeared on the register from which he was originally appointed, if of the required sex, eligible, and willing to accept, unless the vacancy on the regular force is filled by transfer or reinstatement. CHAPTER 35—RETENTION PREFERENCE, RESTORATION. AND REEMPLOYMENT SUBCHAPTER I—RETENTION PREFERENCE See. 3501. Definitions; application. 3502. Order of retention. 3503. Transfer of functions. 3504. Preference eligibles; retention; physical qualifications; waiver. SUBCHAPTER II—RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY See. 3551. Restoration; Reserves and National Guardsmen. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY See. 3571. Reinstatement or restoration; individuals suspended or removed for na- tional security. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION Sec. 3581. Definitions. 3582. Rights of transferring employees. 3583. Computations. 3584. Regulations.
428 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. SUBCHAPTER I—RETENTION PREFERENCE § 3501. Definitions; application (a) F o r the purpose of this subchapter, except section 3504— (1) "active service" has the meaning given it by section 101 of title 37; (2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and (3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including periods of active duty for training; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. (b) Except as otherwise provided by this subsection and section 3504 of this title, this subchapter applies to each employee in or under an Executive agency. This subchapter does not apply to an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39. § 3502. Order of retention (a) The Civil Service Commission shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to section 3501(a) (3) of this title; (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; and (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a) (3) ( A ) , ( B ) , or (C) of this title. (b) A preference eligible employee whose efficiency or performance rating is "good" or "satisfactory" or better than "good" or "satis- factory" is entitled to be retained in preference to other competing employees. A preference eligible employee whose efficiency or per-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 formance rating is below "good" or "satisfactory" is entitled to be retained in preference to competing nonpreference employees who have equal or lower efficiency or performance ratings. § 3503. Transfer of functions (a) When a function is transferred from one agency to another, each preference eligible employed in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position. (b) When one agency is replaced by another, each preference eligi- ble employed in the agency to be replaced shall be transferred to tne replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position. §3504. Preference eligibles; retention; physical qualifications; waiver In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the re- quirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. SUBCHAPTER II—RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY § 3551. Restoration; Reserves and National Guardsmen An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who is ordered to active duty or to duty under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard is entitled, on release from duty, to be restored to the position held when ordered to duty. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or re- moved for national security An individual suspended or removed under section 7532 of this title may be i-estored to duty in the discretion of the head of the agency concerned. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION §3581. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; 65-300 0-67—30
430 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (B) a military department; and (C) an employing authority in the legislative branch; (2) "employee" means an employee in or under an agency; ^ (3) "international organization" means a public international organization or international-organization preparatory commis- sion in which the Government of the United States participates; (4) "transfer" means the change of position by an employee from an agency to an international organization; and (5) "reemployment" means— (A) the reemployment of an employee under section 3582 (a) of this title; or (B) the reemployment of a Congressional employee with- in 90 days from his separation from an international organization; following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 3 consecutive years after entering the employ of the inter- national organization. § 3582. Rights of transferring employees (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled— (1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which cover- age, rights, and benefits are retained under this paragraph is deemed creditable service under the system; (2) to retain coverage, rights, and benefits under chapter 87 of this title, if necessary employee deductions and agency contribu- tions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance F u n d ; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 87 of this title; (3) to retain coverage, rights, and benefits under subchapter I of chapter 81 of this title, and for this purpose his employment with the international organization is deemed employment by the United States, but if he or his dependents receive from the inter- national organization a payment, allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the international organization, or other benefit of any kind on account of the same injury or death, the amount thereof is credited against disability or death compensation, as the case may be, pay- able under subchapter I of chapter 81 of this title; and (4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum pay- ment and is reemployed within 6 months after transfer, he shall
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained an- nual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled. (b) An employee entitled to the benefits of subsection (a) of this section, except a Congressional employee, is entitled to be reemployed within 30 days of his application for reemployment in his former posi- tion or a position of like seniority, status, and pay in the agency from which he transferred, if— (1) he is separated from the international organization within 3 years after entering on duty with the international organiza- tion or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and (2) he applies for reemployment not later than 90 days after the separation. On reemployment, he is entitled to the rate of basic pay to which he would be entitled had he remained in the civil service. On reemploy- ment, the agency shall restore his sick leave account, by credit or charge, to its status at the time of transfer. The period oi separation caused by his employment with the international organization and the period necessary to effect reemployment are deemed creditable serv- ice for all appropriate civil service employment purposes. (c) This section applies only with respect to so much of a period of employment with an international organization as does not exceed 3 years or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and in- surance purposes this section continues to apply during the period after separation from the international organization in which— (1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or (2) a Congressional employee is effecting or could effect a re- employment. During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes. , (d) During the employee's period of service with the international organization, the agency contribution for retirement and insurance purposes may be made from the appropriations or funds of the agency from which the employee transferred. §3583. Computations A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congressional employee, at the rate at which it would have been payable had the employee con- tinued in the position in which he was senang at the time of transfer. §3584. Regulations The President may prescribe regulations necessary to carry out this subchapter and section 3343 of this title and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service employment rights as he finds appropriate. The regulations may provide for the exclusion of employees from the application of this subchapter and section 3343 of this title on the basis of the nature and type of employment including excepted appoint- ments of a confidential or policy-determining character, or conditions pertaining to the employment including short-term appointments, seasonal or intermittent employment, and part-time employment.
432 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Subpart C—Employee Performance CHAPTER 41—TRAINING Sec. 4101. Definitions. 4102. Exceptions; Presidential authority. 4103. Establishment of training programs. 4104. Government facilities; use of. 4105. Non-Government facilities; use of. 4106. Non-Government facilities; amount of training limited. 4107. Non-Government facilities; restrictions. 4108. Employee agreements; service after training. 4109. Expenses of training. 4110. Expenses of attendance at meetings. 4111. Acceptance of contributions, awards, and other payments. 4112. Absorption of costs within funds available. 4113. Agency review of training needs; annual program reports. 4114. Non-Government facilities; review of training programs. 4115. Collection of training information. 4116. Training program assistance. 4117. Administration. 4118. Regulations. §4101. Definitions For the purpose of this chapter— (1) "agency", subject to section 4102 of this title, means— (A) an Executive department; (B) an independent establishment; (C) a Government corporation subject to sections 846-852 or 856-859 of title 3 1 ; (D) the Library of Congress; ( E ) the Government Printing Office; and ( F ) the government of the District of Columbia; (2) "employee", subject to section 4102 of this title, means— (A) an individual employed in or under an agency; and (B) a commissioned officer of the Coast and Geodetic Sur- vey; (3) "Government" means the Government of the United States and the government of the District of Columbia; (4) "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, cur- riculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which are or will be directly re- lated to the performance by the employee of official duties for the Government, in order to increase the knowledge, proficiency, abil- ity, skill, and qualifications of the employee in the performance of official duties; (5) "Government facility" means property owned or sub- stantially controlled by the Government and the services of any civilian and military personnel of the Government; and (6) "non-Government facility" means— (A) the government of a State or of a territory or pos- session of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing; (B) a foreign government or international organization, or instrumentality of either, which is designated by the Presi- dent as eligible to provide training under this chapter;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 433 (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corpora- tion, partnership, proprietorship, or other organization; (E) individuals other than civilian or military personnel of the Government; and (F) the services and property of any of the foregoing fur- nishing the training. §4102. Exceptions; Presidential authority (a)(1) This chapter does not apply to— (A) a corporation supervisea by the Farm Credit Adminis- tration if private interests elect or appoint a member of the board of directors; (B) the Tennessee Valley Authority; or (C) an individual (except a commissioned officer of the Coast and Geodetic Survey) who is a member of a uniformed service during a period in which he is entitled to pay under section 204 of title 37. (2) Tliis chapter (except sections 4110 and 4111) does not apply to— (A) the Foreign Service of the United States; or (B) an individual appointed by the President (except a Post- master), unless the individual is specifically designated by the President for training under this chapter. (b) The President, at any time in the public interest, may— (1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and (2) withdraw an exception made under this subsection. However, the President may not except the Civil Service Commission from a provision of this chapter which vests in or imposes on the Commission a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees. § 4103. Establishment of training programs In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of their official duties to the maximum possible level of proficiency, the head of each agency, in conformity with this chapter, shall establish, operate, and maintain a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall— (1) conform to the principles, standards, and related require- ments contained in the regulations prescribed under section 4118 of this title; (2) provide for adequate administrative control by appropriate authority; and (3) provide for the encouragement of self-training by em- ployees by means of appropriate recognition of resultant increases m proficiency, skill, and capacity. Two or more agencies jointly may operate under a training program.
434 PUBLIC LAW 89-554-SEPT. 6, 1%6 [80 STAT. § 4104. Government facilities; use of An agency program for the training of employees by, in, and through Government facilities under this chapter shall— (1) provide for training, insofar as practicable, by, in, and through Government facilities under the jurisdiction or control of the agency; and (2) provide for the making by the agency, to the extent neces- sary and appropriate, of agreements with other agencies in any branch of the Government, on a reimbursable basis when re- quested by the other agencies, for— (A) use of Government facilities under the jurisdiction or control of the other agencies in any branch of the Govern- ment ; and (B) extension to employees of the agency of training pro- grams of other agencies. § 4105. Non-Government facilities; use of (a) The head of an agency, without regard to section 5 of title 41, may make agreements or other arrangements for the training of em- ployees of the agency by, in, or through non-Government facilities under this chapter. (b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall— (1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and (2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, techni- cal, and administrative employees. (c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations pre- scribed under section 4118 (a)(8) of this title. § 4106. Non-Government facilities; amount of training limited (a) The training of employees by^ in, and through non-Government facilities under this chapter is subject to the following limitations: (1) The number of man-years of training for an agency in a fiscal year may not exceed 1 percent of the total number of man- years of civilian employment for the agency in the same fiscal year as disclosed by the agency budget estimates for the year. (2) An employee having less than 1 year of current, con- tinuous civilian service is not eligible for training unless the head of his agency determines, under regulations prescribed under section 4118 of this title, that training for the employee is in the public interest. (3) The time spent by an employee in training may not exceed 1 year in the first 10-year period and in each subsequent 10-year period of his continuous or non-continuous civilian service in the Government. The Civil Service Commission may prescribe other limitations, in accordance with the provisions and purposes of this chapter, concern- ing the time which may be spent by an employee in training. (b) On recommendation of the head of an agency, the Commission may waive, with respect to that agency or part thereof or one or more employees therein, all or any of the limitations covered by subsection
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 435 (a) of this section, if the Commission determines that the application of all or any of the limitations thereto is contrary to the public interest. The Commission, in the public interest, may reimpose all or any of the limitations so waived. § 4107. Non-Government facilities; restrictions (a) Appropriations or other funds available to an agency are not available for payment for training an employee— (1) by, in, or through a non-Government facility which teaches or advocates the overthrow of the Government of the United States by force or violence; or (2) by or through an individual concerning whom determi- nation has been made by a proper Government administrative or investigatory authority that, on the basis of information or evi- dence developed in investigations and procedures authorized by law or Executive order, there exists a reasonable doubt of his loyalty to the United States. (b) This chapter does not authorize training an employee by, in, or through a non-Government facility a substantial part of the activi- ties of which is— (1) carrying on propaganda, or otherwise attempting, to influ- ence legislation; or (2) participating or intervening, including publishing or dis- tributing statements, in a political campaign on behalf of a candi- date for public office. (c) This chapter does not authorize the selection and assignment of an employee for training by, in, or through a non-Government facility, or the payment or reimbursement of the costs of training, for— (1) the purpose of providing an opportunity to an employee to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or (2) the sole purpose of providing an opportunity to an em- ployee to obtain one or more academic degrees. § 4108. Employee agreements; service after training (a) An employee selected for training by, in, or through a non- Government facility under this chapter shall agree in writing with the Government before assignment to training that he will— (1) continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and (2) pay to the Government the amount of the additional ex- penses incurred by the Government in connection with his train- ing if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency. (b) The payment agreed to under subsection (a) (2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section. (c) If an employee, except an employee relieved of liability under subsection (b) of this section or section 4102(b) of this title, fails to
436 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. fulfill his agreement to pay to the Government the additional expenses incurred by the Government in connection with his training, a simi equal to the amount of the additional expenses of training is recover- able by the Government from the employee or his estate by— (1) setoff against accrued pay, compensation, amount of retire- ment credit, or other amount due the employee from the Govern- ment; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under the regulations prescribed under section 4118 of this title, may waive in whme or in p a r t a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public in- terest. § 4109. Expenses of training (a) The head of an agency, under the regulations prescribed under section 4118 (a) (8) of this title and from appropriations or other funds available to the agency, may— (1) pa^^ all or a p a r t of the pay (except overtime, holiday, or night diflferential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of train- ing; and (2) pay, or reimburse the employee for, all or a part of the neces- sary expenses of the training, without regard to section 529 of title 31, including among the expenses the necessary costs of— (A) travel and per diem instead of subsistence under sub- chapter I of chapter 57 of this title or, in the case of commis- sioned officers of the Coast and Geodetic Survey, sections 404 and 405 of title 37, and the Joint Travel Regulations for the Uniformed Services; (B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draymg, and unpacking under section 5724 of this title or, in the case of commissioned officers of the Coast and Geodetic Survey, sections 406 and 409 of title 37, and the Joint Travel Regulations for the Uniformed Services, when the estimated costs of transportation and related services are less than the estimated aggregate per diem payments for the period of training; (C) tuition and matriculation fees; (D) library and laboratory services; ( E ) purchase or rental of books, materials, and supplies; and ( F ) other services or facilities directly related to the train- ing of the employee. (b) The expenses of training do not include membership fees ex- cept to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent to undergoing the training. § 4110. Expenses of attendance at meetings Appropriations available to an agency for travel expenses are avail- able for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or manage- ment of the functions or activities.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 437 § 4111. Acceptance of contributions, awards, and other payments (a) To the extent authorized by regulation of the President, con- tributions and awards incident to training in non-Government facili- ties, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an em- ployee, without regard to section 209 of title 18, if the contribu- tions, awards, and payments are made by an organization determined by the Secretary of the Treasury to be an organization described by section 501 (c) (3) of title 26 which is exempt from taxation under sec- tion 501(a) of title 26. (b) When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regula- tions of the Director of the Bureau of the Budget, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting. § 4112. Absorption of costs within funds available (a) The Director of the Bureau of the Budget, to the extent he considers practicable, shall provide by regulation for the absorption of the costs of the training programs and plans under this chapter by the respective agencies from applicable appropriations or funds available tor each fiscal year. (b) Subsection (a) of this section may not be held or considered to require— (1^ the separation of an individual from the service by reduc- tion m force or other personnel action; or (2) the placement of an individual in a leave-without-pay status. § 4113. Agency review of training needs; annual program reports (a) The head of each agency, at least once every 3 years, shall review the needs and requirements of the agency for the training of employees under its jurisdiction. The Civil Service Commission, on request of an agency, may assist the agency with the review. In- formation obtained or developed in a review shall be made available to the Commission at its request. (b) Each agency shall report annually to the Commission, at such times and in such form as the Commission prescribes, on its programs and plans for the training of employees under this chapter. The report shall set forth— (1) such information concerning the expenditures of the agency in connection with training as the Commission considers appro- priate ; (2) the name of each employee of the agency, except a student participating in a cooperative educational program, who, during the period covered by the report, received training by, in, or through a non-Government facility for more than 120 days; the grade, title, and primary duties of the position held by the em- ployee ; the name of the non-Government facility from which the training was received; the nature, l e n ^ h , and cost of the train- ing to the Government; and the relationship of the training to official duties; (3) the name of each employee of the agency who received a contribution or award under section 4111(a) of this title during the period covered by the report;
438 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (4) a statement concerning the value of the training to the agency; (5) estimates of the extent to which economies and improved operations have resulted from the training; and (6) such other information as the agency or the Commission considers appropriate. § 4114. Non-Government facilities; review of training programs The Civil Service Commission, at the times and to the extent it considers necessary, shall review the operations, activities, and related transactions of each agency in connection with each agency program, and plan thereunder, for the training of its employees by, in, and through non-Government facilities under this chapter in order to determine whether the operations, activities, and related transactions comply with the programs and plans, the provisions and purposes of this chapter, and the principles, standards, and related requirements contained in the regulations prescribed under section 4118 of this title. Each agency, on request of the Commission, shall cooperate and assist in the review. If the Commission finds that noncompliance exists in an agency, the Commission, after consultation with the agency, shall certify to the head of the agency its recommendations for change of actions and procedures. If, after a reasonable time for placing its recommendations in effect, the Commission finds that noncompliance continues to exist in the agency, the Commission shall report the finding to the President for such action as he considers appropriate. § 4115. Collection of training information The Civil Service Commission, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Government. The Commission, on request, may make the information available to an agency and to Congress. § 4116. Training program assistance The Civil Service Commission, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose. §4117. Administration The Civil Service Commission has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The func- tions, duties, and responsibilities of the Commission under this chapter are subject to supervision and control by the President and review by Congress. §4118. Regulations (a) The Civil Service Commission, after considering the needs and requirements of each agency for training its employees and after con- sulting with the agencies principally concerned, shall prescribe regu- lations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary mfor- mation concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 439 and responsibilities for supervision, control, and review of these train- ing programs. The regulations also shall cover— (1) requirements concerning the determination and continuing review by each agency of its training needs and requirements; (2) the scope and conduct of the agency training programs and plans; (3) the selection and assignment of employees of each agency for training; (4) the use in each agency of the services of employees who have undergone training; (5) the evaluation of the results and effects of the training programs and plans; (6) the interchange of training information among the agencies; (7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training by, in, and through non-Government facilities; (8) requirements and limitations necessary with respect to pay- ments and reimbursements in accordance with section 4109 of this title; and (9) other matters considered appropriate or necessary by the Commission to carry out the provisions of this chapter. (b) I n addition to the matters set forth by subsection (a) of this section, the regulations, concerning training of employees by, in, or through non-Government facilities, shall— (1) prescribe general policies governing the selection of a non- Government facility to provide training; (2) authorize training of employees only after the head of the agency concerned determines that adequate training for employees by, in, or through a Government facility is not reasonably avail- able, and that consideration has been given to the existing or reasonably foreseeable availability and use of fully trained employees; and (3) prohibit training an employee for the purpose of filling a position by promotion if there is in the agency concerned another employee, of equal ability and suitability, fully qualified to fill the position and available at, or within a reasonable distance from, the place where the duties of the position are to be performed. (c) The Commission, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations. (d) This section does not authorize the Commission to prescribe the types and methods of intra-agency training or to regulate the details of intra-agency training programs. CHAPTER 43—PERFORMANCE RATING Sec. 4301. Definitions. 4302. Performance-rating plans; establishment of. 4303. Performance-rating plans ; requirements for. 4304. Ratings for performance. 4305. Review of ratings. 4306. Performance-rating plans ; inspection of. 4307. Other rating procedures prohibited. 4308. Regulations.
440 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. §4301. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency; (B) the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Botanic Garden; ( E ) the Government Printing Office; and (F) the government of the District of Columbia; but does not include— (i) the Tennessee Valley Authority; (ii) the postal field service; (iii) the Foreign Service of the United States; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency; or (vii) a Government controlled corporation; and (2) "employee" means an individual employed in or under an agency, but does not include— (A) a physician, dentist, nurse, or other employee in the Department of Medicine and Surgery, Veterans^ Administra- tion, whose pay is fixed under chapter 73 of title 38; (B) an employee outside the continental United States who is paid in accordance with local native prevailing wage rates for the area in which employed; (C) a civilian officer or member of a crew of a vessel operated by the Department of the Army or the Department of the Navy; (D) an individual employed by the government of the District of Columbia whose pay is not fixed under chapter 51 and subchapter I I I of chapter 53 of this title; or ( E ) a hearing examiner appointed under section 3105 of this title. § 4302. Performance-rating plans; establishment of For the purpose of recognizing the merits of employees and their contributions to efficiency and economy in the Federal service, each agency shall establish and use one or more performance-rating plans for evaluating the work performance of its employees. § 4303. Performance-rating plans; requirements for Each performance-rating plan shall be as simple as possible and shall provide— (1) that performance requirements be made known to all em- ployees; (2) that performance of the employee be fairly appraised in relation to the requirements; (3) for use of appraisals to improve employee performance; (4) for strengthening supervisor-employee relationships; and (5) that each employee be kept currently advised of his per- formance and promptly notified of his performance rating. § 4304. Ratings for performance (a) Each performance-rating plan shall provide for ratings repre- senting at least— (1) satisfactory performance; (2) unsatisfactory performance; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 (3) outstanding performance. (b) An employee may be rated unsatisfactory only after a 90-day advance warning and after a reasonable opportunity to demonstrate satisfactory performance. A performance rating of unsatisfactory is a basis for removal from the position in which tlie performance was unsatisfactory. (c) A performance rating of outstanding may be given only when all aspects of performance not only exceed normal requirements but are outstanding and deserve special commendation. § 4305. Review of ratings (a) An agency, on request of an employee of that agency, shall provide one impartial review of the performance rating of the employee. (b) Each agency shall establish one or more boards of review of equal jurisdiction to consider and pass on the merits of performance ratings under rating plans established under this chapter. Each board of review shall have three members, one member designated by the head of the agency, one member designated by the employees of the agency in the manner prescribed by the Civil Service Commission, and one member, who serves as chairman, designated by the Com- mission. Alternate members are designated in the same manner as their respective principals. (c) I n addition to the review under subsection (a) of this section, an employee with a current performance rating of less than satisfac- tory, on written appeal to the chairman of the appropriate board of review established under subsection (b) of this section, is entitled to a hearing and decision on the merits of the appealed rating. If an employee with a current performance rating of satisfactory has not requested and obtained review of the rating under subsection (a) of this section, he is entitled, on written appeal to the chairman of the appropriate board of review established under subsection (b) of this section, to a hearing and decision on the merits of the appealed rating. (d) At the hearing the appellant, or his designated representative, and representatives of the agency are entitled to submit pertinent information orally or in writing, and to hear or examine, and reply to, information submitted by others. After the hearing, the board of review shall confirm the appealed rating or make such change as it considers proper. § 4306. Performance-rating plans; inspection of (a) The Civil Service Commission shall inspect the administration of performance-rating plans by each agency to determine compliance with ihe requirements of this chapter and the regulations prescribed thereunder. (b) When the Commission determines that a performance-rating plan does not meet the requirements of this chapter and the regula- tions prescribed thereunder, the Commission, after notice to the agency giving the reasons, may revoke its approval of the plan. After revocation, the performance-rating plan and any current ratings thereunder are inoperative, and the agency thereafter shall use a performance-rating plan prescribed by the Commission. § 4307. Other rating procedures prohibited An employee may not be given a performance rating, regardless of the name given to the rating, and a rating may not be used as a basis for any action, except under a performance-rating plan approved by
442 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. the Civil Service Commission as meeting the requirements of this chapter. §4308. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this chapter. CHAPTER 45—INCENTIVE AWARDS Sec. 4501. Definitions. 4502. General provisions. 4503. Agency awards. 4504. Presidential awards. 4505. Awards to former employees. 4506. Regulations. § 4501. Definitions For the purpose of this chapter— (1) "agency" means— (A) an Executive agency; ^B^ the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Office of the Architect of the Capitol; ( E ) the Botanic Garden; ( F ) the Government Printing Office; and (G) the government of the District of Columbia; but does not include— (i) the Tennesse Valley Authority; or (ii) the Central Bank for Cooperatives; (2) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; and (3) "Government" means the Government of the United States and the government of the District of Columbia. § 4502. General provisions (a) Except as provided by subsection (b) of this section, a cash award under this chapter may not exceed $5,000. (b) When the head of an agency certifies to the Civil Service Com- mission that the suggestion, invention, superior accomplishment, or other meritorious effort for which the award is proposed is highly exceptional and unusually outstanding, a cash award in excess of $5,000 but not in excess of $25,000 may be granted with the approval of the Commission. (c) A cash award under this chapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this chapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the em- ployee, his heirs, or assigns. (d) A cash award to, and expense for the honorary recognition of, an employee may be paid from the fund or appropriation available to the activity primarily benefiting or the various activities benefiting. The head of the agency concerned determines the amount to be paid by each activity for an agency award under section 4503 of this title. The President determines the amount to be paid by each activity for a Presidential award under section 4504 of this title.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 443 § 4503. Agency awards The head of an agency may pay a cash award to, and incur neces- sary expense for the honorary recognition of, an employee who— (1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations; or (2) performs a special act or service in the public interest in connection with or related to his official employment. § 4504. Presidential awards The President may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who— (1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations; or (2) performs an exceptionally meritorious special act or service in the public interest in connection with or related to his official employment. A Presidential award may be in addition to an agency award under section 4503 of this title. § 4505. Awards to former employees An agency may pay or grant an award under this chapter notwith- standing the death or separation from the service of the employee concerned, if the suggestion, invention, superior accomplishment, other personal effort, or special act or service in the public interest for which the award is proposed was made or performed while the employee was in the employ of the Government. §4506. Regulations The Civil Service Commission may prescribe regulations and in- structions under which the agency awards program set forth by this chapter shall be carried out. SUBPART D—PAY AND ALLOWANCES CHAPTER 51—CLASSIFICATION Sec. 5101. Purpose. 5102. Definitions; application. 5103. Determination of applicability. 5104. Basis for grading positions. 5105. Standards for classification of positions. 5106. Basis for classifying positions. 5107. Classification of positions. 5108. Classification of positions at GS-16,17, and 18. 5109. Positions classified by statute. 5110. Review of classification of positions. 5111. Revocation and restoration of authority to classify positions. 5112. General authority of the Civil Service Commission. 5113. Classification records. 5114. Reports; positions in GS-16,17, and 18. 5115. Regulations. §5101. Purpose I t is the purpose of this chapter to provide a plan for classification of positions whereby— (1) in determining the rate of basic pay which an employee will receive— (A) the principle of equal pay for substantially equal work will be followed; and
444 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and (2) individual positions will^ in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by section 5102 of this title, and the various classes will be so described in published standards, as provided by section 5105 of this title, that the result- ing position-classification system can be used in all phases of per- sonnel administration. § 5102. Definitions; application (a) F o r the purpose of this chapter— (1) "agency" means— (A) an Executive agency; (B) the Administrative Office of the United States Courts; (C) the Library of Congress; (D) the Botanic Garden; ( E ) the Government Printing Office; ( F ) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) The Alaska Railroad; (iv) the Virgin Islands Corporation; (v) the Atomic Energy Commission; (vi) the Central Intelligence Agency; ^vii) the Panama Canal Company; or (viii) the National Security Agency, Department of Defense; (2) "employee" means an individual employed in or under an agency; (3) "position" means the work, consisting of the duties and responsibilities, assignable to an employee; (4) "class" or "class of positions" includes all positions which are sufficiently similar, as. to— (A) kmd or sul3Ject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administra- tion ; and (5) "grade" includes all classes of positions which, although different with respect to kind or subject-matter of work, are suf- ficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. (b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency. (c) This chapter does not apply to— (1) employees in the postal field service whose pay is fixed under chapter 45 of title 39;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 445 (2) employees in the Foreign Service of the United States whose pay is fixed under chapter 14 of title 22; and positions in or under the Department of State which are— (A) connected with the representation of the United States to international organizations; or (B) specifically exempted by statute from this chapter or other classification or pay statute ; (3) physicians, dentists, nurses, and other employees in the Department of Medicine and Surgery, Veterans' Administration, whose pay is fixed under chapter 73 of title 38; (4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; and the chief judge and the associate judges of the District of Columbia Court of General Sessions, the District of Columbia Court of Appeals, and the Juvenile Court of the District of Columbia; (5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the White House Police; (6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432 m and (g) of title 14; (7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual- labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring ex- perience and knowledge as the paramount requirement, and em- ployees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requir- ing special skill or experience, or to perform or direct the count- ing, examining, sorting, or other verification of the product of manual or machine operations; (8) officers and members of crews of vessels; (9) employees of the Government Printing Office whose pay is fixed under section 40 of title 44; (10) civilian professors, lecturers, and instructors at the Naval "War College and the Naval Academy whose pay is fixed under sections 6952 and 7478 of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; and the Academic Dean of the Postgraduate School of the Naval Academy whose pay is fixed under section 7043 of title 10; (11) aliens or noncitizens of the United States who occupy positions outside the United States; (12) (A) employees of an agency who are stationed in the Canal Zone; and (B) on approval by the Civil Service Commission of the request of an agency which has employees stationed in both the Republic of Panama and the Canal Zone, employees of the agency who are stationed in the Republic of Panama; (13) employees who serve without pay or at nominal rates of pay; (14) employees whose pay is not wholly from appropriated funds of the United States, except that with respect to the Vet- erans' Canteen Service, Veterans' Administration, this paragraph applies only to employees necessary for the transaction of the busi- 65-300 0-67—31
446 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. ness of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 4202 of title 38; (15) employees who pay is fixed under a cooperative agree- ment between the United States and— (A) a State or territory or possession of the United States, or political subdivision thereof; or (B) an individual or organization outside the service of the Government of the United States; (16) student nurses, medical or dental interns, residents-in- trainin^, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for train- ing purposes, whose pay is fixed under subchapter V of chapter 53 of this title or section 4114 of title 38; (17) inmates, patients, or beneficiaries receiving care or treat- ment or living in Government agencies or institutions; (18) experts or consultants, when employed temporarily or intermittently in accordance with section 3109 of this title; (19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals; (20) employees employed on a fee, contract, or piece work basis; (21) employees who may lawfully perform their duties con- currently with their private profession, business, or other employ- ment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States; (22) "teachers" and "teaching positions" as defined by sec- tion 901 of title 20; (23) examiners-in-chief and designated examiners-in-chief in the Patent Office, Department of Commerce; (24) temporary positions in the Bureau of the Census estab- lished under section 23 of title 13, and enumerator positions in the Bureau of the Census; or (25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the maximum rate for GS-18. (d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Sub- section (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol. § 5103. Determination of applicability The Civil Service Commission shall determine finally the applica- bility of section 5102 of this title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol. § 5104. Basis for grading positions The General Schedule, the symbol for which is " G S " , is the basio pay schedule for positions to which this chapter applies. The General Schedule is divided into 18 grades of difiiculty and responsibility of work, as follows: (1) Grade G S - 1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment— (A) the simplest routine work in office, business, or fiscal operations; or
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 447 (B) elementary work of a subordinate technical character in a professional, scientific, or technical field. (2) Grade GS-2 includes those classes of positions the duties of which are— (A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or com- parable subordinate technical work of limited scope in a pro- fessional, scientific, or technical field, requiring some train- ing or experience; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (3) Grade GS-3 includes those classes of positions the duties of which are— (A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case— (i) some training or experience; (ii) working knowledge of a special subject matter; or (iii) to some extent the exercise of independent judg- ment in accordance with well-established policies, pro- cedures, and techniques; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (4) G r a ' e GS-4 includes those classes of positions the duties of which are— (A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) a moderate amount of training and minor super- visory or other experience; (ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and (iii) the exercise of independent judgment in accord- ance with well-established policies, procedures, and tech- niques; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (5) Grade GS-5 includes those classes of positions the duties of which are—• (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable training and supervisory or other ex- perience ; (ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and (iii) the exercise of independent judgment in a limited field;
448 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (B) to perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (6) Grade GS-6 includes those classes of positions the duties of which are— (A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable training and supervisory or other experience; (ii) broad working knowledge of a special and com- plex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and (iii) to a considerable extent the exercise of independ- ent judgment; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (7) Grade GS-7 includes those classes of positions the duties of which are— (A) to perform, under general supervision, work of con- siderable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case— (i) considerable specialized or supervisory training and experience; (ii) comprehensive working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science in- volved; and (iii) to a considerable extent the exercise of independ- ent judgment; (B) under immediate or general supervision, to perform somewhat difficult work requiring— (i) professional, scientific, or technical training; and (ii) to a limited extent, the exercise of independent technical judgment; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (8) Grade GS-8 includes those classes of positions the duties of which are— (A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring— (i) considerable specialized or supervisory training and experience; (ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and (iii) to a considerable extent the exercise of independ- ent judgment; or
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 449 (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (9) Grade GS-9 includes those classes of positions the duties of which are— (A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or admmistrative lines in office, business, or fiscal admin- istration, requiring— (i) somewhat extended specialized training and con- siderable specialized, supervisory, or administrative ex- perience which has demonstrated capacity for sound independent work; (ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and (iii) considerable latitude for the exercise of independ- ent judgment; (B) with considerable latitude for the exercise of inde- pendent judgment, to perform moderately difficult and re- sponsible work, requiring— (i) professional, scientific, or technical training equiv- alent to that represented by graduation from a college or university of recognized standing; and (ii) considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (10) Grade GS-10 includes those classes of positions the duties of which are— (A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administra- tion, requiring— (i) somewhat extended specialized, supervisory, or administrative training and experience which has dem- onstrated capacity for sound independent work; (ii) thorough and fundamental knowledge of a spe- cialized and complex subject matter, or of the profession, art, or science involved; and (iii) considerable latitude for the exercise of inde- pendent judgment; or (B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (11) Grade GS-11 includes those classes of positions the duties of which are— (A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judg- ment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring— (i) extended specialized, supervisory, or administrative training and experience which has demonstrated impor- tant attainments and marked capacity for sound inde- pendent action or decision; and
450 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (ii) intimate grasp of a specialized and complex sub- ject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty; (B) with wide latitude for the exercise of independent judgment, to perform responsible work of considerable diffi- culty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (12) Grade GS-12 includes those classes of positions the duties of which are— (A) to perform, under general administrative supervi- sion, with wide latitude for the exercise of independent judg- ment, work of a very high order of difficulty and respon- sibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring— (i) extended specialized, supervisory, or administra- tive training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and (ii) intimate grasp of a specialized and complex sub- ject matter or of the profession, art, or science involved; (B) under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice, or ad- ministration; or (C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (13) Grade GS-13 includes those classes of positions the duties of which are— (A) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended spe- cialized, supervisory, or administrative training and experi- ence which has demonstrated leadership and marked attain- ments ; (B) to serve as assistant head of a major organization in- volving work of comparable level within a bureau; (C) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended pro- fessional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or (D) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (14) Grade GS-14 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with wide latitude for the exercise of independent judgment,
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 451 work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has dem- onstrated leadership and unusual attainments; (B) to serve as head of a major organization within a bureau involving work of comparable level; (C) to plan and direct or to plan and execute major pro- fessional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and ex- perience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (15) Grade GS-15 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attain- ments ; (B) to serve as head of a major organization within a bureau involving work of comparable level; (C) to plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and national significance, along professional, scientific, technical, admin- istrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and un- usual attainments in professional, scientific, or technical re- search, practice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications. (16) Grade GS-16 includes those classes of positions the duties of which are— (A) to perform, under general administrative direction, with unusual latitude for the exercise of independent judg- ment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments; (B) to serve as the head of a major organization involving work of comparable level; (C) to plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of unusual difficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated leadership and exceptional attain- ments in professional, scientific, or technical research, prac- tice, or administration, or in administrative, fiscal, or other specialized activities; or (D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of
452 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. equal importance, difficulty, and responsibility, and requir- ing comparable qualifications. (17] Grade GS-17 includes those classes of positions the duties of which are— (A) to serve as the head of a bureau where the position, considering the kind and extent of the authorities and re- sponsibilities vested in it, and the scope, complexity, and de- gree of difficulty of the activities carried on, is of a high order among the whole group of positions of heads of bureaus; (B) to plan and direct or to plan and execute professional, scientific, technical, administrative, fiscal, or other specialized programs of exceptional difficulty, responsibility, and na- tional significance, requiring extended training and experi- ence which has demonstrated exceptional leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (C) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requir- ing comparable qualifications. (18) Grade GS-18 includes those classes of positions the duties of which are— (A) to serve as the head of a bureau where the position, considering the kind and extent of the authorities and re- sponsibilities vested in it, and the scope, complexity, and degree of difficulty of the activities carried on, is exceptional and outstanding among the whole group of positions of heads of bureaus; (B) to plan and direct or to plan and execute frontier or unprecedented professional, scientific, technical, administra- tive, fiscal, or other specialized programs of outstanding dif- ficulty, responsibility, and national significance, requiring extended training and experience which has demonstrated outstanding leadership and attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or (C) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requir- ing comparable qualifications. § 5105. Standards for classification of positions (a) The Civil Service Commission, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Commission may make such inquiries or investiga- tions of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Commission, shall furnish information for and cooper- ate in the preparation of the standards. I n the standards, which shall be published in such form as the Commission may determine, the Com- mission shall— (1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements; (2) establish the official class titles; and (3) set forth the grades in which the classes have been placed by the Commission.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 (b) The Commission, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards, (c) The official class titles established under subsection (a) (2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement docs not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes. § 5106. Basis for classifying positions (a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsi- bilities of the position and the qualifications required by the duties and responsibilities. (b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, respon- sibility, and qualification requirements of the work of the class. (c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the numoer of subordinates super- vised. These factors may be given effect only to the extent war- ranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and com- plexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised. § 5107. Classification of positions Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Civil Service Commission or, if no published standards apply directly, consistently with published standards. IVhen facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to section 5337 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Commission. § 5108. Classification of positions at GS-16,17, and 18 (a) A majority of the Civil Service Commissioners may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of 2,400, in addition to any professional engineering positions primarily concerned with research and develop- ment and professional positions in the physical and natural sciences and medicine which may be placed in these grades, and in addition to 240 hearing examiner positions under section 3105 of this title which may be placed in GS-16 and 9 such positions which may be placed in GS-17) which may be placed in GS-16, 17, and 18 at any one time. However, under this authority— (1) not to exceed 25 percent of the aggregate number may be placed in GS-17 and not to exceed 12 percent of the aggregate number may be placed in GS-18; (2) 50 of the positions are available only for allocation, with the approval of the President, for an agency or function created after October 4, 1961;
454 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (3) 14 of the positions are available only for allocation to the United States Arms Control and Disarmament Agency; (4) 6 of the positions are available only for allocation to the Immigration and Naturalization Service, Department of Justice; and (5) 4 of the positions are available only for allocation to the Federal Home Loan Bank Board. A position may be placed in GS-16,17, or 18 only by action of, or after prior approval by, a majority of the Civil Service Commissioners. (b) The number of positions of senior specialists in the Legislative Reference Service, Library of Congress, placed in GS-16, 17, and 18 under the proviso in section 166(b) (1) of title 2 are in addition to the number of positions authorized by subsection (a) of this section. (c) I n addition to the number of positions authorized by subsection (a) of this section— (1) the Comptroller General of the United States, subject to the procedures prescribed by this section, may place a total of 39 positions in the General Accounting Office in GS-16, 17, and 18; (2) the Director of the Federal Bureau of Investigation, with- out regard to any other provision of this section, may place a total of 75 positions in the Federal Bureau of Investigation in GS-16, 17, and 18; (3) the Director of the Administrative Office of the United States Courts may place a total of 4 positions in GS-17; (4) the Commissioner of Immigration and Naturalization may place a total of 11 positions in GS-17; (5) the Secretary of Defense, subject to the standards and procedures prescribed by this chapter, may place a total of 407 positions (in addition to any professional engineering positions primarily concerned with research and development and profes- sional engineering positions in the physical and natural sciences which may be placed in these grades) in the Department of De- fense in GS-16,17, and 18; (6) the Administrator of the National Aeronautics and Space Administration, subject to the standards and procedures pre- scribed by this chapter, may place a total of 5 positions in the National Aeronautics and Space Administration in GS-16, 17, and 18; (7) the Attorney General, without regard to any other pro- vision of this section, may place a total of— (A) 10 positions of Warden in the Bureau of Prisons in GS-16; and (B) 8 positions of Member of the Board of Parole in GS-17; (8) the Attorney General, without regard to this chapter (ex- cept section 5114), may place 1 position in GS-16; and (9) the Railroad Retirement Board may place 4 positions in GS-16,4 in GS-17, and 1 in GS-18, for the purpose of its admin- istration of chapter 9 or 11 of title 45, or both. (d) When a general appropriation statute authorizes an agency to place additional positions in GS-16, 17, and 18, the total number of positions authorized to be placed in these grades by this section (except subsection (c)(8) and (9)) is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. The reduction is made in the following order— first, from any number specifically authorized for the agency by this section (except subsection (c) (8) and ( 9 ) ) ; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 455 second, from the maximum number of positions authorized by subsection (a) of this section irrespective of the agency to which the positions are allocated. § 5109. Positions classified by statute (a) The position held by an employee of the Department of Agricul- ture while he, under section 450d of title 7, is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS-14. (b) The position held by the employee appointed under section 1104(a) (2) of this title to have such functions and duties with resj)ect to retirement, life insurance, and health benefits programs as the Civil Service Commission may prescribe is classified at GS-18, and is in addition to the number of positions authorized by section 5108(a) of this title. (c) Each of the following positions on the police force authorized for the National Zoological P a r k by section 193n of title 40 is classified as follows: (1) Private—GS-5. (2) Sergeant—GS-6. (3) Lieutenant—GS-7. (4) Captain—GS-8. § 5110, Review of classification of positions (a) The Civil Service Commission, from time to time, shall review such number of positions in each agency as will enable the Commis- sion to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published stand- ards. (b) When the Commission finds under subsection (a) of this section that a position is not placed in its proper class and grade in conform- ance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and ac- counting officials. §5111. Revocation and restoration of authority to classify posi- tions (a) When the Civil Service Commission finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by section 5107 of this title and require that prior approval of the Commission be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Commission may limit the revocation or suspension to— (1) the departmental or field service, or any part thereof; (2) a geographic area; (3) an organization unit or group of organization units; (4) certain types of classification actions; (5) classes in particular occupational groups or grades; or (6) classes for which standards have not been published. (b) After revocation or suspension, the Commission may restore the authority to the extent that it is satisfied that later actions placing
456 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. positions in classes and grades will be in conformance with or con- sistent with published standards. § 5112. General authority of the Civil Service Commission (a) Notwithstanding section 5107 of this title, the Civil Service Commission may— (1) ascertain currently tlie facts as to the duties, responsibili- ties, and qualification requirements of a position; (2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter; (3) decide whether a position is in its appropriate class and grade; and (4) change a position from one class or grade to another class or grade when the facts warrant. The Commission shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all ad- ministrative, certifying, payroll, disbursing, and accounting officials. (b) An employee aftected or an agency may request at any time that the Commission exercise the authority granted to it by subsection (a) of this section and the Commission shall act on the request. § 5113. Classification records The Civil Service Commission may— (1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained; (2) examine these or other pertinent records of the agency; and (3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade. § 5114. Reports; positions in GS-16,17, and 18 (a) The Civil Service Commission, with respect to positions under section 5108(a) of this title, the head of the agency concerned, with respect to positions under sections 5108 ( b ) , (c) and 5109(b)- of this title, and the appropriate authority, with respect to positions under jurisdiction of the authority which are allocated to or placed in GS-16, 17, and 18, including positions so allocated or placed on a temporary or present incumbency basis, under reorganization plan or statute, except sections 5108 and 5109 of this title, shall submit, so long as the reorganization plan or statute remains in effect, to Congress, not later than February 1 of each year, a report setting forth— (1) the total number of positions allocated to or placed in all these grades during the immediately preceding calendar year, the total number of positions allocated to or placed in each of these grades during the immediately preceding calendar year, and the total number of these positions in existence during the immediately preceding calendar year and the grades to or in which the total number of positions m existence are allocated or placed; (2) the name, rate of pay, and description of the qualifications of the incumbent of each of these positions, together with the position title and a statement of the duties and responsibilities performed by the incumbent; (3) the position or positions in or outside the Government of the United States held by each of these incumbents, and his rate or rates of pay, during the 5-year period immediately preceding the date of his appointment to the position; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 (4) such other information as the Commission, the head of the agency, or other appropriate authority submitting the report may consider appropriate or as may be required by Congress or a committee thereof. This subsection does not require the resubmission of information re- quired by paragraphs (2) and (3) of this subsection which has been reported under this subsection and which remains unchanged. (b) When the Commission, the head of the agency, or omer appro- priate authority considers full public disclosure of any or all of the items specified by subsection (a) of this section to be detrimental to the national security, the Commission, the head of the agency, or authority may— (1) omit from the annual report those items with respect to which full public disclosure is found to be detrimental to the national security; (2) inform Congress of the omission; and (3) at the request of the Congressional committee to which the report is referred, present all information concerning those items. §5115. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114. CHAPTER 53—PAY RATES AND SYSTEMS SUBCHAPTER I—PAY COMPARABILITY SYSTEM Sec. 5301. Policy. 5302. Annual reports on pay comparability. 5303. Higher minimum rates; Presidential authority. 5304. Presidential policies and regulations. SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES Sec. 5311. The Executive Schedule. 5312. Positions at level I. 5313. Positions at level II. 5314. Positions at level I I I . 5315. Positions at level IV. 5316. Positions at level V. 5317. Presidential authority to place positions at levels IV and V. SUBCHAPTER III—GENERAL SCHEDULE PAY RATES Sec. 5331. Definitions; application. 5332. The General Schedule. 5333. Minimum rate for new appointments; higher rates for supervisors of wage-board employees. 5334. Rate on change of position or type of appointment; regulations. 5335. Periodic step-increases. 5336. Additional step-increases. 5337. Pay saving. 5338. Regulations. SUBCHAPTER IV—PREVAILING RATE SYSTEMS Sec. 5341. Trades and crafts. 5342. Crews of vessels. 5343. Effective date of pay increase. 5344. Retroactive pay.
458 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. SUBCHAPTER V—STUDENT-EMPLOYEES Sec. 5351. Definitions. 5352. Stipends. 5353. Quarters, subsistence, and laundry. 5354. Effect of 4etail or affiliation; travel expenses. 5355. Effect on other statutes. 5356. Appropriations. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS Sec. 5361. Scientific and professional positions. 5362. Hearing examiners. 5363. Limitation on pay fixed by administrative action. 5364. Miscellaneous positions in the executive branch. SUBCHAPTER I—PAY COMPARABILITY SYSTEM § 5301. Policy, I t is the policy of Congress that Federal pay fixing be based on the principles that— (1) there be equal pay for substantially equal work, and pay distinctions be maintained in keeping with work and performance distinctions; and (2) Federal pay rates be comparable with private enterprise pay rates for the same levels of work. Pay levels for the several Federal statutory pay systems shall be inter- related, and pay levels shall be set and adjusted in accordance with these principles. § 5302. Annual reports on pay comparability In order to carry out the policy stated by section 5301 of this title, the President shall— (1) direct such agency as he considers appropriate, to prepare ^ and submit to him annually a report which compares the rates of pay fixed by statute for employees with the rates of pay paid for the same levels of work in private enterprise as determined on the basis of appropriate annual surveys conducted by the Bureau of Labor Statistics; and (2) after seeking the views of such employee organizations as he considers appropriate and in such manner as he may provide, report annually to Congress— (A) this comparison of Federal and private enterprise pay rates; and (B) such recommendations for revision of statutory pay schedules, pay structures, and pay policy, as he considers advisable. § 5303. Higher minimum rates; Presidential authority (a) When the President finds that the pay rates in private enter- prise for one or more occupations in one or more areas or locations are so substantially above the pay rates of statutory pay schedules as to handicap significantly the Government's recruitment or retention of well-qualified individuals in positions paid under— (1) section 5332 of this title; (2) the provisions of part I I I of title 39 relating to employees in the postal field service;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 459 (3) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery, Veterans' Administra- tion, under chapter 73 of title 38; or (4) sections 867 and 870 of title 22; he may establish for the areas or locations higher minimum rates of basic pay for one or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the seventh pay rate prescribed by statute for the grade or level. The President may authorize the exercise of the authority conferred on him by this section by the Civil Service Commission or, in the case of individuals not subject to the provisions of this title governing appointment in tlie competitive service, by such other agency as he may designate. (b) Within the limitations of subsection (a) of this section, rates of basic pay established under that subsection may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. (c) An increase in rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335(a) of this title and section 3552 of title 39. (d) The rate of basic pay, established under this section, and re- ceived by an individual immediately before the effective date of a statutory increase in the pay schedules of the pay systems specified in subsection (a) of this section shall be initially adjusted on the effective date of the new pay schedules under conversion regulations prescribed by the President or by such agency as he may designate. § 5304. Presidential policies and regulations The functions, duties, and regulations of the agencies and the Civil Service Commission with respect to this subchapter, subchapter I I I of this chapter, chapter 51 of this title, the provisions of part I I I of title 39 relating to employees in the postal field service, chapter 14 of title 22, and the provisions of chapter 73 of title 38 relating to employees in the Department of Medicine and Surgery, Veterans' Administration, are subject to such policies and regulations as the President may pre- scribe. Among other things, the policies and regulations of the Presi- dent may provide for— (1) preparing and reporting to him the annual comparison of Federal pay rates with private enterprise rates ; (2) obtaining and reporting to him the views of employee organizations on the annual comparison, and on other pay matters; (3) reviewing and reporting to him on the adequacy of the Federal statutory pay structures for the Federal programs to which they apply; (4) reviewing the relationship of Federal statutory pay rates and private enterprise pay rates in specific occupation and local areas; and (5) providing step-increases in recognition of high quality performance and providing for properly relating supervisory pay rates paid under one system to those of subordinates paid under another system. SUBCHAPTEK II—EXECUTIVE SCHEDULE PAY EATES § 5311. The Executive Schedule The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions to which this subchapter applies.
460 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 5312. Positions at level I Level I of the Executive Schedule applies to the following positions, lor which the annual rate of basic pay is $35,000: (1) Secretary of State. (2) Secretary of the Treasury. (3) Secretary of Defense. (4) Attorney General. (5) Postmaster General. (6) Secretary of the Interior. (7) Secretary of Agriculture. (8) Secretary of Commerce. (9) Secretary of Labor. (10) Secretary of Health, Education, and Welfare. § 5313. Positions at level II Level I I of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $30,000: (1) Deputy Secretary of Defense. (2) Under Secretary of State. (3^ Administrator, Agency for International Development. (4) Administrator of the National Aeronautics and Space Administration. (5) Administrator of Veterans' Affairs. (6) Administrator of the Housing and Home Finance Agency. (7) Administrator of the Federal Aviation Agency. (8) Chairman, Atomic Energy Commission. (9) Chairman, Council of Economic Advisers. (10) Chairman, Board of Governors of the Federal Reserve System. (11) Director of the Bureau of the Budget. (12) Director of the Office of Science and Technology. (13) Director of the United States Arms Control and Dis- armament Agency. (14) Director of the United States Information Agency. (15) Director of Central Intelligence. (16) Secretary of the Air Force. (17) Secretary of the Army. (18) Secretary of the Navy. § 5314. Positions at level III Level I I I of the Executive Schedule applies to the following posi- tions, for which the annual rate of basic pay is $28,500: (1) Deputy Attorney General. (2) Solicitor General of the United States. (3) Deputy Postmaster General. (4) Under Secretary of Agriculture. (5) Under Secretary of Commerce. (6) Under Secretary of Commerce for Transportation. (7) Under Secretary of Health, Education, and Welfare. (8) Under Secretary of the Interior. (9) Under Secretary of Labor. (10) Under Secretary of State for Political Affairs or Under Secretary of State for Economic Affairs. (11) Under Secretary of the Treasury. (12) Under Secretary of the Treasury for Monetary Affairs. (13) Administrator of General Services. (14) Administrator of the Small Business Administration. (15) Deputy Administrator of Veterans' Affairs.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 461 (16) Deputy Administrator, Agency for International Devel- opment. (17) Chairman, Civil Aeronautics Board. (18) Chairman of the United States Civil Service Commission. (19) Chairman, Federal Communications Commission. (20) Chairman, Board of Directors, Federal Deposit Insur- ance (Corporation. (21) Chairman of the Federal Home Loan Bank Board. (22) Chairman, Federal Power (Commission. (23) Chairman, Federal Trade Commission. (24) Chairman, Interstate Commerce Commission. (25) Chairman, National Labor Relations Board. (26) Chairman, Securities and Exchange Commission. (27) Chairman, Board of Directors of the Tennessee Valley Authority. (28) Chairman, National Mediation Board. (29) Chairman, Railroad Retirement Board. (30) Chairman, Federal Maritime Commission. (31)- Comptroller of the Currency. (32) Commissioner of Internal Revenue. (33) Director of Defense Research and Engineering, Depart- ment of Defense. (34) Deputy Administrator of the National Aeronautics and Space Administration. (35) Deputy Director of the Bureau of the Budget. (36) Deputy Director of Central Intelligence. (37) Director of the Office of Emergency Planning, (38) Director of the Peace Corps, (39) Chief Medical Director in the Department of Medicine and Surgery, Veterans' Administration. (40) Director of the National Science Foundation. (41) Deputy Administrator of the Housing and Home Finance Agency. (42) President of the Export-Import Bank of Washington. (43) Members, Atomic Energy Commission. (44) Members, Board of (jovernors of the Federal Reserve System. (45) Director of the Federal Bureau of Investigation, Depart- ment of Justice, § 5315. Positions at level IV Level I V of the Executive Schedule applies to the following posi- tions, for which the annual rate of basic pay is $27,000: (1) Administrator, Bureau of Security and Consular Affairs, Department of State, (2) Deputy Administrator of the Federal Aviation Agency, (3) Deputy Administrator of General Services, (4) Associate Administrator of the National Aeronautics and Space Administration, (5) Assistant Administrators, Agency for International De- velopment (6), (6) Regional Assistant Administrators, Agency for Interna- tional Development (4), (7) Under Secretary of the Air Force. (8) Under Secretary of the Army. (9) Under Secretary of the Navy. (10) Deputy Under Secretaries of State (2). 65-300 0-67—32
462 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (11) Assistant Secretaries of Agriculture (3). (12) Assistant Secretaries of Commerce (4). (13) Assistant Secretaries of Defense (7). (14) Assistant Secretaries of the Air Force (3). (15) Assistant Secretaries of the Army (3). (16) Assistant Secretaries of the Navy (3). (17) Assistant Secretaries of Health, Education, and Welfare (18) Assistant Secretaries of the Interior (4). (19) Assistant Attorneys General (9). (20) Assistant Secretaries of Labor (4). (21^ Assistant Postmasters General (5). (22) Assistant Secretaries of State (11). (23) Assistant Secretaries of the Treasury (4). (24) Chairman of the United States Tariff Commission. (25) Commissioner, Community Facilities Administration. (26) Commissioner, Federal Housing Administration. (27) Commissioner, Public Housing Administration. (28) Commissioner, Urban Renewal Administration. (29) Director of Civil Defense, Department of the Army. (30) Director of the Federal Mediation and Conciliation Service. (31) Deputy Chief Medical Director in the Department of Medicine and Surgery, Veterans' Administration. (32) Deputy Director of the Office of Emergency Planning. (33) Deputy Director of the Office of Science and Technology. (34) Deputy Director of the Peace Corps. (35) Deputy Director of the United States Arms Control and Disarmament Agency. (36) Deputy Director of the United States Information Agency. (37^ Assistant Directors of the Bureau of the Budget (3). (38) General Counsel of the Department of Agriculture. (39) General Counsel of the Department of Commerce. (40) General Counsel of the Department of Defense. (41) General Counsel of the Department of Health, Educa- tion, and Welfare. (42) Solicitor of the Department of the Interior. (43^ Solicitor of the Department of Labor. (44) General Counsel of the National Labor Relations Board. (45) General Counsel of the Post Office Department. j(46) Counselor of the Department of State. (47) Legal Adviser of the Department of State. (48) General Counsel of the Department of the Treasury. (49) First Vice President of the Export-Import Bank of Washington. (50) General Manager of the Atomic Energy Commission. (51) Governor of the F a r m Credit Administration. (52) Inspector General, Foreign Assistance. (53) Deputy Inspector General, Foreign Assistance. (54) Members, Civil Aeronautics Board. (55) Members, Council of Economic Advisers. (56) Members, Board of Directors of the Export-Import Bank of Washington. (57) Members, Federal Communications Commission. (58) Member, Board of Directors of the Federal Deposit Insur- ance Corporation.
80 STAT.] PUBLIC LAW 89-554-SEPT. 6, 1966 r59) Members, Federal Home Loan Bank Board. (60) Members, Federal Power Commission. (61) Members, Federal Trade Commission. (62) Members, Interstate O m m e r c e Commission. (63) Members, National Labor Relations Board. (64) Members, Securities and Exchange Commission. (65) Members, Board of Directors of the Tennessee Valley Authority. (66) Members, United States Civil Service Commission. (67) Members, Federal Maritime Commission. (68) Members, National Mediation Board. (69) Members, Railroad Retirement Board. (70) Director of Selective Service. (71) Associate Director of the Federal Bureau of Investiga- tion, Department of Justice. (72) Chairman, Equal Employment Opportunity Commission. (73) Chief of Protocol, Department of State. (74) Director, Bureau of Intelligence and Research, Depart- ment of State. (75) Director, Community Relations Service. (76) United States Attorney for the District of Columbia. (77) United States Attorney for the Southern District of New York. § 5316. Positions at level V Level V of the Executive Schedule applies to the following posi- tions, for which the annual rate of basic pay is $26,000: (1) Administrator, Agricultural Marketing Service, Depart- ment of Agriculture. (2) Administrator, Agricultural Research Service, Department of Agriculture. (3) Administrator, Agricultural Stabilization and Conserva- tion Service, Department of Agriculture. (4) Administrator, Farmers Home Administration. (5) Administrator, Foreign Agricultural Service, Department of Agriculture. (6) Administrator, Rural Electrification Administration, De- partment of Agriculture. (7) Administrator, Soil Conservation Service, Department of Agriculture. (8) Administrator, Bonneville Power Administration, Depart- ment of the Interior. (9) Administrator of the National Capital Transportation Agency. (10) Administrator of the Saint Lawrence Seaway Develop- ment Corporation. (11) Deputy Administrators of the Small Business Adminis- tration (4). (12) Associate Administrator for Administration, Federal Aviation Agency. (13) Associate Administrator for Development, Federal Avia- tion Agency. (14) Associate Administrator for Programs, Federal Aviation Agency. (15) Associate Administrator for Advanced Research and Technology, National Aeronautics and Space Administration. (16) Associate Administrator for Space Science and Applica- tions, National Aeronautics and Space Administration.
464 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (17) Associate Administrator for Manned Space Flight, Na- tional Aeronautics and Space Administration. (18) Associate Deputy Administrator, National Aeronautics and Space Administration. (19) Deputy Associate Administrator, National Aeronautics and Space Administration. (20) Associate Deputy Administrator of Veterans' Affairs. (21) Archivist of the United States. (22) Area Redevelopment Administrator, Department of Com- merce. (23) Assistant Secretary of Agriculture for Administration. (24) Assistant Secretary of Health, Education, and Welfare for Administration. (25) Assistant Secretary of the Interior for Administration. (26) Assistant Attorney General for Administration. (27) Assistant Secretary of Labor for Administration. (28) Assistant Secretary of the Treasury for Administration. (29) Assistant General Manager, Atomic Energy Commission. (30) Assistant and Science Adviser to the Secretary of the Interior. (31) Chairman, Foreign Claims Settlement Commission of the United States. (32) Chairman of the Military Liaison Committee to the Atomic Energy Commission, Department of Defense. (33) Chairman of the Renegotiation Board. (34) Chairman of the Subversive Activities Control Board. (35) Chief Counsel for the Internal Revenue Service, Depart- ment of the Treasury. (36) Chief Forester of the Forest Service, Department of Agri- culture. (37) Chief Postal Inspector, Post Office Department. (38) Chief, Weather Bureau, Department of Commerce. (39) Commissioner of Customs, Department of the Treasurer. (40) Commissioner, Federal Supply Service, General Services Administration. (41) Commissioner of Education, Department of Health, Edu- cation, and Welfare. (42) Commissioner of Fish and Wildlife, Department of the Interior. (43) Commissioner of Food and Drugs, Department of Health, Education, and Welfare. (44) Commissioner of Immigration and Naturalization, De- partment of Justice. (45) Commissioner of Indian Affairs, Department of the Interior. (46) Chief Commissioner, Indian Claims Commission.^ (47) Associate Commissioners, Indian Claims Commission (2). (48 J Commissioner of Patents, Department of Commerce. (49) Commissioner, Public Buildings Service, General Services Administration. (50) Commissioner of Reclamation, Department of the Interior. (51) Commissioner of Social Security, Department of Health, Education, and Welfare. (52) Commissioner of Vocational Rehabilitation, Department of Health, Education, and Welfare.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 465 (53) Commissioner of Welfare, Department of Health, Edu- cation, and Welfare. (54) Director, Advanced Research Projects Agency, Depart- ment of Defense. (55) Director of Agricultural Economics, Department of Agri- culture. ' 56) Director, Bureau of the Census, Department of Commerce. ^ 57) Director, Bureau of Mines, Department of the Interior. (58) Director, Bureau of Prisons, Department of Justice. (59) Director, Geological Survey, Department of the Interior. (60) Director, Office of Research and Engineering, Post Office Department. (61) Director, National Bureau of Standards, Department of Commerce. Director of Regulation, Atomic Energy Commission. Director of Science and Education, Department of Agri- culture. (64) Deputy Under Secretary for Monetary Ajffairs, Depart- ment of the Treasury. (65) Deputy Commissioner of Internal Revenue, Department of the Treasury. (66) Deputy Director, National Science Foundation. (67) Deputy Director, Policy and Plans, United States Infor- mation Agency. (68^ Deputy General Counsel, Department of Defense. ^69) Deputy General Manager, Atomic E n e r ^ Commission. (70) Associate Director of the Federal Mediation and Concilia- tion Service. (71) Associate Director for Volunteers, Peace Corps. (72) Associate Director for Program Development and Opera- tions, Peace Corps. (73) Assistants to the Director of the Federal Bureau of Inves- tigation, Department of Justice (2). (74^ Assistant Directors, Office of Emergency Planning (3). (75) Assistant Directors, United States Arms Control and Dis- armament Agency (4). (76) Federal Highway Administrator, Department of Com- merce. Fiscal Assistant Secretary of the Treasury. ^l] ment. General Counsel of the Agency for International Develop- (79) General Counsel of the Department of the Air Force, (80) General Counsel of the Department of the Army.
466 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (81) General Counsel of the Atomic Energy Commission. (82) General Counsel of the Federal Aviation Agency. (83) General Counsel of the Housing and Home Finance Agency. (84) General Counsel of the Department of the Navy. (85) General Counsel of the United States Arms Control and Disarmament Agency. (86) General Counsel of the National Aeronautics and Space Administration. (87) Governor of the Canal Zone. (88) Manpower Administrator, Department of Labor. (89) Maritime Administrator, Department of Commerce. (90) Members, Foreign Claims Settlement Commission of the United States. (91) Members, Renegotiation Board. (92) Members, Subversive Activities Control Board. (93) Members, United States Tariff Commission. (94) President of the Federal National Mortgage Association. (95) Special Assistant to the Secretary (Health and Medical Affairs), Department of Health, Education, and Welfare. (96) Deputy Directors of Defense Research and Engineering, Department of Defense (4). (97) Assistant Administrator of General Services. (98) Director, United States Travel Service, Department of Commerce. (99) Executive Director of the United States Civil Service Commission. (100) Administrator, Wage and Hour and Public Contracts Division, Department of Labor. (101) Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. (102) Assistant General Managers, Atomic Energy Commis- sion (2). (103) Associate Director (Policy and Plans), United States In- formation Agency. (104) Chief Benefits Director, Veterans' Administration. (105) Commissioner of Labor Statistics, Department of Labor. (106) Deputy Director, National Security Agency. (107) Director, Bureau of Land Management, Department of the Interior. (108) Director, National Park Service, Department of the In- terior. (109) Director of International Scientific Affairs, Department of State. (110) General Counsel of the Veterans' Administration. (111) Members, Equal Employment Opportunity Commis- sion (4). (112) National Export Expansion Coordinator, Department of Commerce. (113) Special Assistant to the Secretary of Defense. (114) Staff Director, Commission on Civil Rights. (115) United States Attorney for the Northern District of Illinois. (116) United States Attorney for the Southern District of California.
80 STAT.] PUBLIC LAW 89-554-SEPT. 6, 1966 467 § 5317. Presidential authority to place positions at levels IV and V In addition to the positions listed in sections 5315 and 5316 of this title, the President, from time to time, may place in levels I V and V of the Executive Schedule positions held by not to exceed 30 individ- uals when he considers that action necessary to reflect changes in orga- nization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appoint- ment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this section shall be pub- P u b l i c a t i o n in Federal Register. lished in the Federal Register, except when the President determines that the publication would be contrary to the interest of national secu- rity. The President may not take action under this section with respect to a position the pay for which is fixed at a specific rate by this subchapter or by statute enacted after August 14, 1964. SUBCHAPTER III—GENERAL SCHEDULE PAY RATES §5331. Definitions; application (a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by section 5102 of this title. (b) This subchapter applies to employees and positions to which chapter 51 of this title applies. § 5332. The General Schedule (a) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. GENERAL SCHEDULE Annual rates and steps Grade 1 2 3 4 5 6 7 8 9 10 GS-1 $3,385 $3,500 $3,615 $3,730 $3,845 $3,960 $4,075 $4,190 $4,305 $4,420 GS-2 3,680 3,805 3,930 4,056 4,180 4,305 4,430 4,655 4,680 4,805 OS-3 4,005 4,140 4,275 4,410 4,546 4,680 4,815 4,950 5,085 5,220 GS-4 4,480 4,630 4,780 4,930 5,080 5,230 5,380 6,530 6,680 5,830 GS-5 6,000 5,165 5,330 5,495 6,660 5,825 5,990 6,155 6,320 6,485 GS-6 5,606 5,690 6,875 6,060 6,245 6,430 6,615 6,800 6,985 7,170 GS-7 6,060 6,250 6,450 6,650 6,850 7,050 7,250 7,450 7,650 7,850 GS-8 6,630 6,860 7,070 7,290 7,510 7,730 7,960 8,170 8,390 8,610 GS-9 7,220 7,466 7,710 7,965 8,200 8,445 8,690 8,935 9,180 9,425 GS-10 7,900 8,170 8,440 8,710 8,980 9,260 9,520 9,790 10,060 10,330 GS-11 8,650 8,946 9,240 9,535 9,830 10,125 10,420 10, 715 11,010 11,305 GS-12 10,250 10,605 10,960 11,315 11,670 12,025 12,380 12,735 13,090 13,445 GS-13 12,075 12, 496 12,916 13,335 13,756 14,175 14, 596 15,015 16,435 15,855 GS-14 14,170 14,660 15,160 15,640 16,130 16,620 17,110 17,600 18,090 18,680 GS-15.- 16,460 17,030 17,600 18,170 18, 740 19,310 19,880 20,450 21,020 21,690 GS-16.- 18,935 19,590 20,245 20,900 21, 655 22,210 22,866 23,620 24,176 GS-17 21,445 22,196 22,945 23,695 24,446 GS-18 24,500 (b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by section 5504(b) of this title. §5333. Minimum rate for new appointments; higher rates for supervisors of wage-board employees (a) New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Civil Service Commission which provide for such considerations as
468 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Commission in each specific case, an individual to a position in GS-13 or above at such a rate above the minimum rate of the appropriate grade as the Commission may authorize for this purpose. The approval of the Commission in each specific case is not required with respect to an appointment made by the Librarian of Congress. (b) Under regulations prescribed by the Civil Service Commission, an employee in a position to which this subchapter applies, who regularly has responsibility for supervision (including supervision over the technical aspects of the w^ork concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly super- vised, or at the maximum rate for his grade, as provided by the regulations. §5334. Rate on change of position or type of appointment; regu- lations (a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Civil Service Commission in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position m the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. (b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or trans- ferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to— (1) the maximum rate of the higher grade; or (2) his existing rate of basic pay, if that rate is the higher. If an employee so promoted or transferred is receiving basic pay at a rate saved to him under section 5337 of this title on reduction in grade, he is entitled to— (A) basic pay at a rate two steps above the rate which he would be receiving if section 5337 of this title were not applicable to him; or (B) his existing rate of basic pay, if that rate is the higher. (c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an em-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 469 ployee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed— (1) at the minimum rate of the appropriate grade; or (2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch. (d) The Commission may prescribe regulations governing the re- tention of the rate of basic pay of an employee who together with his position is brought under this subchapter and chapter 51 of this title. If an employee so entitled to a retained rate under these regulations is later demoted to a position under this subchapter and chapter 51 of this title, his rate of basic pay is determined under section 5337 of this title. However, for the purpose of section 5337 of this title, service in the position which was brought under this subchapter and chapter 51 of this title is deemed service under this subchapter and chapter 51 of this title. (e) The rate of pay established for a teiaching position as defined by section 901 of title 20 held by an individual who becomes subject to subsection (a) of this section is deemed increased by 20 percent to determine the yearly rate of pay of the position. § 5335. Periodic step-increases (a) An employee paid on an annual basis, and occupying a perma- nent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the ^ a d e at the beginning of the next pay period follow- ing the completion of— (1) each 52 calendar weeks of service in pay rates 1, 2, and 3 ; (2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or (3) each 156 calendar weeks of service in pay rates 7, 8, and 9; subject to the following conditions: (A) the employee did not receive an equivalent increase in pay from any cause during that period; and (B) the work of the employee, except a hearing examiner appointed under section 3105 of this title, is of an acceptable level of competence as determined by the head of the agency. (b) Under regulations prescribed by the Civil Service Commis- sion, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non- Government civilian employment during a period of war or national emergency. (c) An increase in pay granted by statute is not an equivalent in- crease in pay within the meaning of subsection (a) of this section. (d) This section does not apply to the pay of an individual ap- pointed by the President, by and with the advice and consent of the Senate. § 5336. Additional step-increases (a) Within the limit of available appropriations and under regu- lations prescribed by the Civil Service Commission, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of posi- tion concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
470 PUBLIC LAW 89-554-SEPT. 6, 1%6 [80 STAT. (b) A step-increase under this section is in addition to those under section 6335 of this title and is not an equivalent increase in pay within the meaning of section 5335(a) of this title. (c) This section does not apply to the pay of an individual ap- pointed by the President, by and with the advice and consent of the Senate. § 5337. Pay saving (a) Subject to the limitation in subsection (b) of this section, an employee— (1) who is reduced in grade from a grade of the General Schedule; (2) who holds a career or career-conditional appointment in the competitive service, or an appointment of equivalent tenure in the excepted service or in the government of the District of Columbia; (3) whose reduction in grade is not (A) caused by a demotion for personal cause, (B) at his request, (C) effected in a reduc- tion in force due to lack of funds or curtailment of work, or (D) with respect to a temporary promotion occurring after Sep- tember 20, 1961, a condition of the temporary promotion to a higher grade; (4) who, for 2 continuous years immediately before the reduc- tion in grade, served (A) in the same agency and (B) in a grade or grades higher than the grade to which demoted; and (5) w^hose w^ork performance during the 2-year period is satis- factory or better; is entitled to basic pay at the rate to which he was entitled immediately before the reduction in grade (including each increase in rate of basic pay provided by statute) for a period of 2 years from the effective date of the reduction in grade, so long as he— (A) continues in the same agency without a break in service of one workday or more; (B) is not entitled to a higher rate of basic pay by operation of this subchapter or chapter 51 of this title; and (C) is not demoted or reassigned (i) for personal cause, (ii) at his request, or (iii) in a reduction in force due to lack of funds or curtailment of work. (b) The rate of basic pay to which an employee is entitled under subsection (a) of this section with respect to each reduction in grade to which this section applies may not exceed the sum of— (1) the minimum rate of the grade to which he is reduced under each reduction in grade to which this section applies (in- cluding each increase in rate of basic pay provided by statute); and (2) the difference between his rate immediately before the first reduction in grade to which this section applies (including each increase in rate of basic pay provided by statute) and the mini- mum rate of that grade which is three grades lower than the grade from which he was reduced under the first of the reductions m grade (including each increase in the rate of basic pay provided by statute). § 5338. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this subchapter.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 471 SUBCHAPTEK IV—PREVAILING RATE SYSTEMS § 5341. Trades and crafts (a) The pay of employees excepted from chapter 51 of this title by section 5102 (c) (7) 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. (b) When the Civil Service Commission concurs in a finding by the employing agency that in a given area the number of employees to whom this section applies is so few as to make prevailing rate deter- minations impracticable, these employees are subject to the provisions of subchapter I I I of this chapter and chapter 51 of this title which are applicable to positions of equivalent difficulty or responsibility. § 5342. 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 of the Panama Canal Company may be paid in accordance with the wage practices of the maritime industry. § 5343. Effective date of pay increase Each increase in rates of basic pay granted, pursuant to a wage survey, to employees whose pay is fixed and adjusted under section 5341 of this title is effective, as follows: (1) If the wage survey is made by an agency, either alone or with another agency, with respect to its own employees, the in- crease is effective for its employees not later than the first day of the first pay period which begins after the 44th day, excluding Saturdays and Sundays, following the date on which the wage survey was ordered to be made. (2) If the wage survey is made by an agency, either alone or with another agency, and is used by an agency which did not participate in making the survey, the increase is effective for the employees of the agency which did not participate in the survey not later than the first day of the first pay period which begins after the 19th day, excludmg Saturdays and Sundays, following the date on which the agency which did not participate receives the data collected in the survey necessary for the granting of the increase. § 5344. Retroactive pay (a) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in section 5343 of this title only when— (1) the individual is in the service of the United States, in- cluding 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 issu- ance of the order granting the increase, and only for services performed during that period. (b) For the purpose of this section, 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 dis- charged from hospitalization following that training and service.
472 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. SUBCHAPTER V—STUDENT-EMPLOYEES § 5351. Definitions F o r the purpose of this subchapter— (1) "agency" means an Executive agency, a military depart- ment, 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 hos- pital, clinic, or medical or dental laboratory operated by an agency; and (B) any other student-employee, assigned or attached pri- marily 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 Civil Service Commission. §5352. Stipends The head of each agency shall fix the stipends of his student-em- ployees. The stipend may not exceed the applicable maximum pre- scribed by the Civil Service Commission. § 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 shall fix the reasonable value of the accommoda- tions at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for simi- lar accommodations. § 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 sub- chapter 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 sec- tion 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. § 5355. Elfect on other statutes This subchapter does not limit the authority conferred on the Ad- ministrator of Veterans' Affairs by chapter 73 of title 38. §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.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 473 SUBCHAPTEK VI—MISCELLANEOUS PKOVISIONS § 5361. Scientific and professional positions Subject to the approval of the Civil Service Commission, the head of the agency concerned shall fix the annual rate of basic pay for sci- entific and professional positions established under section 3104 of this title at not less than the minimum rate for GS-16 nor more than the maximum rate for GS-18. § 5362. Hearing examiners Hearing examiners appointed under section 3105 of this title are entitled to pay prescribed by the Civil Service Commission independ- ently of agency recommendations or ratings and in accordance with subchapter I I I of this chapter and chapter 51 of this title. § 5363. Limitation on pay fixed by administrative action Except as provided by the Government Employees Salary Keform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the maximum rate for GS-18. This section does not impair the authorities provided by— (1) section 121 of title 2, Canal Zone Code (76A Stat. 15) ; (2) sections 248,481, and 1819 of title 12; (3) section 831b of title 16; or (4) sections 403a-403c, 403e-403h, and 403j of title 50. §5364. 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 (78 Stat. 422), or other position ni the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter I I of this chapter, at a rate equal to the pay rate of a grade and step of the General Sched- ule set forth in section 5332 of this title. The head of the agency con- ^ Publication in cerned shall report each action taken under this section to the Civil Federal Register, Service Commission and publish a notice thereof in the Federal Reg- ister, except when the President determines that the report and pub- lication would be contrary to the interest of national security. CHAPTER 55—PAY ADMINISTRATION SUBCHAPTER I—GENERAL PROVISIONS Sec. 5501. Disposition of money accruing from lapsed salaries or unused appropria- tions for salaries. 5r»02. Unauthorized office; prohibition on use of funds. 5503. Recess appointments. 5504. Biweekly pay periods; computation of pay. 5505. Monthly pay periods; computation of pay. 5506. Computation of extra pay based on standard or daylight saving time. 5507. Officer affidavit; condition to pay. 5.^)08. Officer entitled to leave; effect on pay status. 5509. Appropriations.
474 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. SUBCHAPTER II—WITHHOLDING PAY Sec. 5511. Withholding J)ay; employees removed for cause. 5512. Withholding pay; individuals in arrears. 5513. Withholding pay; credit disallowed or charge raised for payment. 5514. Installment deduction for indebtedness because of erroneous payment. 5515. Crediting amounts received for jury service in State courts. 5516. Withholding District of Columbia income taxes. 5517. Withholding State income taxes. 5518. Deductions for State retirement systems; National Guard employees. SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY Sec. 5521. Definitions. 5522. Advance payments; rates; amounts recoverable. 5523. Duration of payments; rates; active service period. 5524. Review of accounts. 5525. Allotment and assignment of pay. 5526. Funds available on reimbursable basis. 5527. Regulations. SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT Sec. 5531. Definitions. 5532. Employment of retired ofllcers of the uniformed services; reduction in retired or retirement pay; exceptions. 5533. Dual pay from more than one position; limitations; exceptions. 5534. Dual employment and pay of Reserves and National Guardsmen. 5535. Extra pay for details prohibited. 5536. Extra pay for extra services prohibited. 5537. Fees for jury service in courts of the United States. SUBCHAPTER V—PREMIUM PAY Sec. 5541. Definitions. 5542. Overtime rates; computation. 5543. Compensatory time off. 5544. Wage-board overtime rates; computation. 5545. Night, standby, and irregular djity differential. 5546. Pay for holiday work. 5547. Limitation on premium pay. 5548. Regulations. 5549. Effect on other statutes. SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE Sec. 5551. Lump-sum payment for accumulated and accrued leave on separation. 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election. SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES Sec. 5561. Definitions. 5562. Pay and allowances; continuance while in a missing status; limitations. 5563. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations. 5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable. 5565. Agency review. 5566. Agency determinations. 5567. Settlement of accounts. 5568. Income tax deferment.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1%6 475 S U B C H A P T E R V I I I — S E T T L E M E N T O F ACCOUNTS Sec. 5581. Definitions. 5582. Designation of beneficiary; order of precedence. 5583. Payment of money due; settlement of accounts. SUBCHAPTER IX—BACK P A Y Sec. 5591. Back pay; individuals reinstated or restored after removal or suspension for cause. 5592. Back pay; preference eligibles reinstated or restored after removal, sus- pension, or furlough. 5593. Back pay; individuals reinstated or restored after reduction in force. 5594. Back pay; individuals reinstated or restored after suspension or removal for national security, SUBCHAPTER I—GENERAL PROVISIONS § 5501. Disposition of money accruing from lapsed salaries or un- used appropriations for salaries Money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States. An individual who violates this section shall be removed from the service. § 5502. Unauthorized office; prohibition on use of funds (a) Payment for services may not be made from the Treasury of the United States to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law. (b) Except as otherwise provided by statute, public money and appropriations may not be used for pay or allowance for an individual employed by an official of the United States retired from active service. § 5503. Recess appointments (a) Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply— (1) if the vacancy arose within 30 days before the end of the session of the Senate; (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment. (b) A nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate. § 5504. Biweekly pay periods; computation of pay (a) The pay period for an employee covers two administrative workweeks. F o r the purpose of this subsection, "employee" means— (1) an employee in or under an Executive agency;
476 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (2) an employee in or under the Office of the Architect of the . Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under sec- tion 6101 (c) of this title; and (3) an individual employed by the government of the District of Columbia; but does not include— (A) an employee on the Isthmus of Panama in the service of the Canal Zone Government or the Panama Canal Company; or (B) an employee or individual excluded from the definition of employee in section 5541 (2) of this title. (b) F o r pay computation purposes affecting an employee, the annual rate of basic pay established by or under statute is deemed payment for employment during 52 basic administrative workweeks of 40 hours. When it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern: (1) To derive an hourly rate, divide the annual rate by 2,080. (2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required. (3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be. Rates are computed to the nearest cent, counting one-half and over as a whole cent. F o r the purpose of this subsection, "employee" means— (A) an employee in or under an Executive agency; (B) an employee in or under the judicial branch; (C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101 (c) of this title; and (D) an individual employed by the government of the District of Columbia; but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title. (c) The Civil Service Commission may prescribe regulations, sub- ject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. § 5505. Monthly pay periods; computation of pay The pay period for an individual in the service of the United States whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern: (1) A month's pay is one-twelfth of a year's pay. (2) A day's pay is one-thirtieth of a month's pay. (3) The 31st day of a calendar month is ignored in computing pay, except that one day's pay is forfeited for one day's unauthor- ized absence on the 31st day of a calendar month. (4) F o r each day of the month elapsing before entering the service, one day's pay is deducted from the first month's pay of the individual. This section does not apply to an employee whose pay is computed under section 5504 (b) of this title. § 5506. Computation of extra pay based on standard or daylight saving time When an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 477 is entitled to extra pay for services performed between or after certain named hours of the day or night, the extra pay is computed on the basis of either standard or daylight saving time, depending on the time observed by law, custom, or practice where the services are performed. § 5507. Officer affidavit; condition to pay An officer required by section 3332 of this title to file an affidavit may not be paid until the affidavit has been filed. § 5508. Officer entitled to leave; effect on pay status An officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of chapter 63 of this title applies are not entitled to the pay of their offices solely because of their status as officers. §5509. Appropriations There are authorized to be appropriated sums necessary to carry out the provisions of this title. SUBCHAPTER II—WITHHOLDING PAY § 5511. Withholding pay; employees removed for cause (a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated. (b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States. § 5512. Withholding pay; individuals in arrears (a) The pay of an individual in arrears to the United States shall be withheld until he has accounted for and paid into the Treasury of the United States all sums for which he is liable. (b) When pay is withheld under subsection (a) of this section, the General Accounting Office, on request of the individual, his agent, or his attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the mdividual and his sureties. § 5513. Withholding pay; credit disallowed or charge raised for payment When the General Accounting Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official. § 5514. Installment deduction for indebtedness because of errone- ous payment (a) When the head of the agency concerned or his designee deter- mines that an employee, a member of the armed forces, or a Reserve of the armed forces, is indebted to the United States because of an erroneous payment made by the agency to or on behalf of the individual, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period 65-300 0-67—33
478 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. intervals, by deduction in reasonable amounts from the current pay account of the individual. The deductions may be made only from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period of active duty or employment, as the case may be. The amount deducted for any period may not exceed two-thirds of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated active duty or employment. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is com- pleted, deduction shall be made from later payments of any nature due the individual from the agency concerned. (b) The head of each agency shall prescribe regulations, subject to the approval of the Director of the Bureau of the Budget, to carry out this section and section 581d of title 31. Kegulations prescribed by the Secretaries of the military departments shall be uniform for the military services insofar as practicable. (c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and section 581d of title 31 do not repeal, modify, or amend section 4837(d) or 9837 (d) of title 10 or section 1007 (b), (c) of title 37. § 5515. Crediting amounts received for jury service in State courts An amount received by an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia for jury service in a State court for a period during which the employee or individual is entitled to leave under section 6322 of this title shall be credited against pay payable by the United States or the District of Columbia to the employee or individual. § 5516. Withholding District of Columbia income taxes (a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Commissioners of the District of Columbia within 120 days of a request for agree- ment from the Commissioners. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter I I of chapter 15 of title 47, District of Columbia Code, in the case of employees of the agency who are subject to income taxes imposed by that subchapter and whose regular place of employment is within the District of Columbia. The agreement may not apply to pay for service as a member of the armed forces, or to pay of an employee who is not a resident of the District of Columbia as defined in subchapter I I of chapter 15 of title 47, District of Colum- bia Code. For the purpose of this subsection, "employee" has the meaning given it by section 1551c(z) of title 47, District of Columbia Code. (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. § 5517. Withholding State income taxes (a) When a State statute— (1) provides for the collection of a tax by imposing on employ- ers generally the duty of withholding sums from the pay of em- ployees and making returns of the sums to the State; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 479 (2) imposes the duty to withhold generally with respect to the pay of employees who are residents of the State; the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State wdth which the agreement is made. The agreement may not apply to pay for service as a member of the armed forces. (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency. (c) For the purpose of this section, "State" means a State or terri- tory or possession of the United States. § 5518. Deductions for State retirement systems; National Guard employees When— (1) a State statute provides for the payment of employee con- tributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and (2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership m a State employee retire- ment system or other State sponsored plan; the Secretary of Defense, under regulations prescribed by the Presi- dent, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Department of Defense shall comply with the requirements of State statute as to the individuals named by para- graph (2) of this section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authori- ties to receive sums withheld for the program the employee contri- butions for these individuals. F o r the purpose of this section, "State" means a State or territory or possession of the United States including the Commonwealth of Puerto Rico. SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY §5521. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; (B) the judicial branch; (C) the Library of Congress; (D) the Government Printing Office; and (E) the government of the District of Columbia;
480 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (2) "employee" means an individual employed in or under an agency; (3) "head of each agency" means— (A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and (B) the Board of Commissioners of the District of Co- lumbia with respect to the government of the District of Columbia; and (4) "United States", when used in a geographical sense, means the several States and the District of Columbia. § 5522. Advance payments; rates; amounts recoverable (a) The head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the account of each employee of the agency (or, under emergency circumstances and on a reim- bursable basis, an employee of another agency) whose evacuation (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life or lives of the employee or of his dependents or immediate family. (D) Subject to adjustment of the account of an employee under sec- tion 5524 of this title and other applicable statute, the advance pay- ment of pay, allowances, and differentials is at rates currently au- thorized with respect to the employee on the date the advance pay- ment is made under agency procedures governing advance payments under this subsection. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issu- ance of the evacuation order. (c) An advance of funds under subsection (a) of this section is recoverable by the Government of the United States or the govern- ment of the District of Columbia, as the case may be, from the em- ployee or his estate by— (1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and (2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance of funds under subsection (a) of this section, if it is shown that the recovery would be against equity and good conscience or against the public interest. § 5523. Duration of payments; rates; active service period (a) The head of each agency may provide for— (1) the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reim- bursable basis, an employee of another agency)— (A) whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the employee; and (B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the posi-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 481 tion which he held immediately before issuance of the evacua- tion order; and (2) the termination of payment of the monetary amounts. The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States. (b) Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, each payment imder this section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments imder this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the evacuation order. A n employee in an Executive agency may be granted such additional allowance payments as the President deter- mines necessary to offset the direct added expenses incident to the evacuation. (c) Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Gov- ernment of the United States or the government of the District of Columbia. § 5524. Review of accounts The head of each agency shall provide for— (1) the review of the account of each employee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of— (A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the appli- cable evacuation order; and (B) such additional amounts as the employee is author- ized to receive in accordance with a determination of the President under section 5523 (b) of this title. § 5525. Allotment and assignment of pay The head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assign- ments of amounts out of his pay for such purpose as the head of the agency considers appropriate. § 5526. Funds available on reimbursable basis Funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay, allowances, and differentials to or for the accounts of employees of another agency under this subchapter. §5527. Regulations (a) To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Execu- tive agencies under this subchapter.
482 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (b) The President, with respect to the Executive agencies, and the head of the agency concerned, with respect to the appropriate agency outside the executive branch, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. (c) The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter. SUBCHAPTEK IV—DUAL PAY AND DUAL EMPLOYMENT §5531. Definitions For the purpose of sections 5532 and 5533 of this title— (1) "officer" has the meaning given it by section 101 of title 37; and (2) "position" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elec- tive, in the legislative, executive, or judicial branch of the Gov- ernment of the United States (including a Government corpora- tion and a nonappropriated fund instrumentality under the juris- diction of the armed forces) or in the government of the District of Columbia. § 5532. Employment of retired officers of the uniformed services; reduction in retired or retirement pay; exceptions (a) For the purpose of this section, "period for which he receives pay" means the full calendar period for which a retired officer of a regular component of a uniformed service receives the pay of a posi- tion when employed on a full-time basis, but only the days for which he actually receives that pay when employed on a part-time or inter- mittent basis. (b) A retired officer of a regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he receives pay, his retired or retire- ment pay shall be reduced to an annual rate equal to the first $2,000 of the retired or retirement pay plus one-half of the remainder, if any. I n the operation of the formula for the reduction of retired or retirement pay under this subsection, the amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in retired or retirement pay under section 1401a(b) of title 10 to reflect changes in the Consumer Price Index. (c) The reduction in retired or retirement pay required by subsec- tion (b) of this section does not apply to a retired officer of a regular component of a uniformed service— (1) whose retirement was based on disability— (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; or (2) employed on a temporary (full-time or part-time) basis, any other part-time basis, or an intermittent basis, for the first 30-day period for which he receives pay. jsjijjrs rti.il-' 4,.-••»r.. , ».• a-i>i.-jii.^,
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 483 The exemption from reduction in retired or retirement pay under paragraph (2) of this subsection does not apply longer than— (i) the first 30-day period for which he receives pay under one appointment from the position in which he is employed, if he is serving under not more than one appointment; and (ii) the first period for which he receives pay under more than one appointment, in a fiscal year, which consists in the aggregate of 30 days, from all positions in which he is employed, if he is serving under more than one appointment in that fiscal year, (d) Except as otherwise provided by this subsection, the Civil Serv- ice Commission, subject to the supervision and control of the Presi- dent, may prescribe regulations under which exceptions may be made to the restrictions in subsection (b) of this section when appropriate authority determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with re- spect to the United States House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each may provide for a means by which exceptions may be made to the restrictions in subsection (b) of this section wiien he determines that the exceptions are warranted because of special or emergency employ- ment needs which otherwise cannot be readily met. The Administra- tor of the National Aeronautics and Space Administration may ex- cept, at any time, an individual appointed to a scientific, engineering, or administrative position under section 2473(b)(2)(A) of title 42 from the restrictions in subsection (b) of this section when he deter- mines that the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met, but not more than 30 exceptions may exist at any one time under this authority. § 5533. Dual pay from more than one position; limitations; exceptions (a) Except as provided by subsections (b), (c), and (d) of this sec- tion, an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday). (b) Except as otherwise provided by subsection (c) of this section, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained. (c) Unless otherwise authorized by law, appropriated funds are not available for payment to an individual of pay from more than one position if the aggregate amount of the basic pay from the positions IS more than $2,000 a year, and if— (1) the pay of one of the positions is paid by the Secretary of the Senate or the Clerk of the House of Representatives; or (2) one of the positions is under the Office of the Architect of the Capitol. (d) Subsection (a) of this section does not apply to— (1) pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day; (2) pay consisting of fees paid on other than a time basis; (3) pay received by a teacher of the public schools of the Dis- trict of Columbia for employment in a position during the summer vacation period;
484 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (4) pay paid by the Tennessee Valley Authority to an em- ployee performing part-time or intermittent work in addition to his normal duties when the Authority considers it to be in the interest of efficiency and economy; (5) pay received by an individual holding a position— (A) the pay of which is paid by the Secretary of the Sen- ate or the Clerk of the House of Representatives; or (B) under the Architect of the Capitol; (6) pay paid by the United States Coast Guard to an employee occupymg a part-time position of lamplighter; and (7) pay within the purview of any of tlie following statutes: (A) section 162 of title 2; (B) section 23(b) of title 13; (C) section 327 of title 15; (D) section 907 of title 20; (E) section 873 of title 33; (F) section 3335 (a) or (c) of title 39; (G) section 631 or 631a of title 31, District of Columbia Code; or ( H ) section 102 of title 2, Canal Zone Code, (e) This section does not apply to an individual employed under sections 174J-1 to 174J-7 or I74k of title 40. §5534. Dual employment a n d pay of Reserves and National Guardsmen A Reserve of the armed forces or member of the National Guard may accept a civilian office or position imder the Government of the United States or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard. § 5535. E x t r a pay for details prohibited (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345-3347 of this title. (b) An employee may not receive— (1) additional pay or allowances for performing the duties of another employee; or (2) pay in addition to the regular pay received for employment held before his appointment or d e s i ^ a t i o n as acting for or in- stead of an occupant of another position or employment. This subsection does not prevent a r e ^ l a r and permanent appoint- ment by promotion from a lower to a higher grade of employment. § 5536. E x t r a pay for extra services prohibited An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance. § 5537. Fees for j u r y service in courts of the United S t a t e s An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia may not receive fees for jury service in a court of the United States.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 485 SUBCHAPTER V—PREMIUM PAY § 5541. Definitions F o r the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; ( B W military department; c (C) an agency in the judicial branch; (D) the Library of Congress; ( E ) the Botanic Garden; ( F ) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; and (2) "employee" means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter I I I of chapter 53 of this title; but does not include— (i) a justice or ludge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of the Metropolitan Police, the Fire De- partment of the District of (jolumbia, the United States P a r k Police, or the White House Police; (v) a student-employee as defined by section 5351 of this title; (vi) an employee in the postal field service; (vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix) an individual to whom section 1291 (a) of title 50, appendix, applies; (x) an employee of a Federal land bank, a Federal inter- mediate credit bank, or a bank for cooperatives; (xi) an employee whose basic pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 of this title; (xii) an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Coast and Geodetic Survey, a vessel employee of the Department of the Interior, or a vessel employee of the Panama Canal Company; or (xiii) a "teacher" or an individual holding a "teaching position" as defined by section 901 of title 20. § 5542. Overtime rates; computation (a) Hours of work officially ordered or approved in excess of 40 hours in an administrative workweek performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates: (1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS-9, the overtime
486 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay. (2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-9, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS-9, and all that amount is premium pay. (b) For the purpose of this subchapter— (1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him, or for which he is required to return to his place of employment, is deemed at least 2 hours in duration; and (2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless— (A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the em- ployee, including regularly scheduled overtime hours; or (B) the travel involves the performance of work while traveling or is carried out under arduous conditions. § 5543. Compensatory time off (a) The head of an agency may— (1) on request of an employee, grant the employee compensa- tory time off from his scheduled tour of duty instead of payment for an equal amount of time spent in irregular or occasional over- time work; and (2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS-9 shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under section 5542 of this title. (b) The Architect of the Capitol may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work. § 5544. Wage-board overtime rates; computation (a) An employee whose basic rate of pay is fixed and adjusted from time to tin^e in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleep- ing time,.in excess of 40 a week. The overtime hourly rate of pay is computed as follows: (1) If the basic rate of pay of the emploj^ee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half. (2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to chapter
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 487 51 and subchapter I I I of chapter 53 of this title is entitled to overtime pay for overtime work in accordance with subsection (a) of this sec- tion. The overtime hourly rate of pay is computed in accordance with subsection (a) (1) of this section. § 5545. Night, standby, and irregular duty differential (a) Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and mcludes— (1) periods of absence with pay during these hours due to holidays; and (2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours. Except as otherwise provided by subsection (c) of this section, an em- ployee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This sub- section and subsection (b) of this section do not modify section 180 of title 31, or other statute authorizing additional pay for nightwork. (b) The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of night- work for the purpose of subsection (a) of this section, at a post out- side the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section. (c) The head of an agency, with the approval of the Civil Service Commission, may provide that— (1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordi- nary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis in- stead of premium pay provided by other provisions of this sub- chapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for G S - 9, by taking into consideration the number of hours of actual work required in the position, the number of hours required in a stand- by status at or within the confines of the station, the extent to which the duties of the position are made more onerous by night or holiday work, or by being extended over periods of more than 40 hours a week, and other relevant factors; or (2) an employee in a position in which the hours of duty can- not be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty and duty at night and on holidays with the employee generally being re- sponsible for recognizing, without supervision, circumstances which require him to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay pro- vided by other provisions of this subchapter, except for regularly scheduled overtime duty. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 15 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-9, by taking into consideration the frequency and duration of night, holiday, and unscheduled overtime duty required in the position.
488 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. § 5546. Pay for holiday work (a) An employee who performs work on a holiday designated by Federal statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the Board of Commissioners of the District of Columbia, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not— (1) in excess of 8 hours; or (2) overtime work as defined by section 5542(a) of this title. (b) An employee who is required to perform any work on a desig- nated holiday is entitled to pay for at least 2 hours of holiday work. (c) An employee who performs overtime work as defined by section 5442(a) of this title on a Sunday or a designated holiday is entitled* to pay for that overtime work in accordance with section 5542(a) of this title. (d) Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545 (a) and (b) of this title, providing premium pay for nightwork. § 5547. Limitation on premium pay An employee may be paid premium pay under this subchapter only to the extent that the payment does not cause his aggregate rate of pay for any pay period to exceed the maximum rate for GS-15. §5548. Regulations The Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5544, insofar as this subchapter affects employees in or under an Executive agency. § 5549. Effect on other statutes This subchapter does not prevent payment for overtime services or for Sunday or holiday work under anv of the following statutes— (1) section 394 of title 7; (2) sections 1353a and 1353b of title 8; (3) sections 261, 267, 1450, 1451, 1451a, and 1452 of title 19; (4) section 382b of title 46; and (5) section 154(f) (3) of title 47. However, an employee may not receive premium pay under this sub- chapter for the same services for which he is paid under one of these statutes. SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE § 5551. Lump-sum payment for accumulated and accrued leave on separation (a) An employee as defined by section 2105 of this title or an indi- vidual employed by the government of the District of Columbia, who is separated from the service or elects to receive a lump-sum payment for leave under section 5552 of this title, is entitled to receive a lump- sum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay the employee or individual would have received had he remained m the service until expiration of the period of the annual or vacation leave, except that it may not exceed pay for a period of annual or vacation leave in excess of 30 days or the number of days carried over to his credit at the beginning of the leave year in which entitle- ment to payment occurs, whichever is greater. The lump-sum pay- ment is considered pay for taxation purposes only.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 489 (b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2) ( x ) - ( x i i ) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or sub- chapter V I I I of this chapter, except that the payment is— (1) based on the rate of pay which he was receiving immedi- ately before the date on which section 6301(2) ( x ) - ( x i i ) of this title became applicable to him; and (2) made without regard to the limitation in subsection (a) of this section on the amount of leave compensable. § 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election An employee as defined by section 21Q5 of this title or an individual employed by a territory or possession of the United States or the gov- ernment of the District of Columbia who enters on active duty in the armed forces is entitled to— (1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or (2) elect to have tlie leave remain to his credit until his return from active duty. SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES §556L Definitions For the purpose of this subchapter— (1) "agency" means an Executive agency and a military department; (2) "employee" means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5) ( A ) - ( E ) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or m a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a deter- mination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) "dependent" means— (A) a wife; (B) an unmarried child (including an unmarried depend- ent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and ( E ) an individual determined to be dependent by the head of the agency concerned or his designee; (4) "active service" means active Federal service by an employee;
490 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (5) "missing status" means the status of an employee who is in active service and is officially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or ( E ) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially determined to be absent from his post of duty without authority; and (6) "pay and allowances" means— (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for quarters; (E) basic allowance for subsistence; and ( F ) station per diem allowances for not more than 90 days. §5562. Pay and allowances; continuance while in a missing status; limitations (a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. (b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of— (1) receipt by the head of the agency concerned of evidence that the employee is dead; or (2) death prescribed or determined under section 5565 of this title. That entitlement does not end— (A) on the expiration of the term of service or employment of an employee while he is in a missing status; or (B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status. (c) A n employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence. (d) When an employee in a missing status is continued in that status under section 5565 of this title, he continues to be entitled to have pay and allowances credited under subsection (a) of this section. §5563. Allotments; continuance, suspension, initiation, resump- tion, or increase while in a missing status; limitations (a) An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made. (b) I n the absence of an allotment or when an allotment is in- sufficient for a purpose authorized by the head of the agency con- cerned, he or his designee may authorize such a new or increased allot- ment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 491 (c) All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned. (d) A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned. (e) Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continu- ance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his depend- ents, or the United States. (f) When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsec- tions ( a ) - ( d ) of this section may be paid, subject to section 5562 of this title, until the date the head of the agency concerned receives evidence that the employee is dead or has returned to the controllable jurisdic- tion of the agency concerned. (g) When an employee in a missing status is continued in that status under section 5565 of this title, an allotment under subsections ( a ) - ( d ) of this section may be continued, increased, or initiated. (h) When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, w'ith or without the consent of the employee and subject to termination on specific request of the employee— (1) direct the payment of a new allotment from the pay of the employee; (2) increase or decrease the amount of an allotment made by the employee; and (3) continue payment of an allotment of the employee which has expired. §5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable (a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense when it is located outside the United States or in Alaska or Hawaii. (b) Transportation (including packing, crating, draying, tem- porarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) ( A ) - ( E ) of this title to— (1) the official residence of record for the employee; (2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or (3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection. (c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
492 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested. (e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize— (1) reimbursement for the commercial cost of the transporta- tion; or (2) a monetary allowance, instead of transportation, as au- thorized by statute for the whole or that part of the travel for which transportation in kind was not furnished. (f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, tem- porarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available. (g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to deter- mine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts. (h) A claim for net proceeds covered into the Treasury under sub- section (g) of this section may be filed with the General Accounting Office by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the General Ac- counting Office shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the General Accounting Office or the courts. (i) This section does not amend or repeal— (1) section 2575,2733,4712,4713,6522,9712, or 9713 of title 10; (2) section 507 of title 14; or (3) chapter 171 of title 28. § 5565. Agency review (a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency con- cerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may— (1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or (2) make a finding of death. (b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 493 the purpose of the ending of crediting pay and allowances and settle- ment of accounts. That date is— (1) the day after the day on which the 12 months in a missing status ends; or (2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section. (c) For the purpose of determining status imder this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency con- cerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. § 5566. Agency determinations (a) The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to— (1) death or finding of death; (2) the fact of dependency under this subchapter; (3) any other status covered by this subchapter; (4) an essential date, including one on which evidence or in- formation is received by the head of the agency concerned; and (5) whether information received concerning an employee is to be construed and acted on as an official report of death. (b) When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwith- standing an earlier action relating to death or other status of the employee. After the end of 12 months in a missing status prescribed by section 5565 of this title, the head of the agency concerned or his designee shall make a finding of death when he considers that the information received, or a lapse of time without information, estab- lishes a reasonable presumption that an employee in a missing status is dead. (c) The head of the agency concerned or his designee may deter- mine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or deb- ited with an amount that an employee captured, beleaguered, or be- sieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation. (d) When circumstances warrant the reconsideration of a determi- nation made under this subchapter, the head of the agency concerned or his designee may change or modify it. (e) When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party. (f) Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may 65-300 0-67—34
494 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evi- dence of death. (g) The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good con- science. (h) F o r the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allow- ances, or other compensation to which he is not otherwise entitled. § 5567. Settlement of accounts (a) The head of the agency concerned or his designee may settle the accounts of— (1) an employee for whose account payment has been made un- der sections 5562, 5563, and 5565 of this title; and (2) a survivor of a casualty to a ship, station, or military in- stallation which results in the loss or destruction of disbursing records. That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials. (b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement. (c) I n settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in car- rying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him. § 5568. Income tax deferment Xotwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates: (1) the fifteenth day of the third month in which he ceased (except because of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or (2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed. That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of title 26 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership. :s -o aoi-fis
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 495 SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS §5581. Definitions F o r the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; but does not include an employee of— (i) a Federal land bank; (ii) a Federal intermediate credit bank; (iii) a regional bank for cooperatives; or (iv) the Senate within the purview of section 36a of title 2; (2) "money due" means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. I t includes, but is not limited to— (A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due; (B) allowances on change of official station; (C) quarters and cost-of-living allowances and overtime or premium pay; (D) amounts due for payment of cash awards for employees' suggestions; ( E ) amounts due as refund of pay deductions for United States savings bonds; ( F ) payment for accumulated and current accrued annual or vacation leave equal to the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave; (G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime; ( H ) amounts of unnegotiated checks returned to the Gov- ernment because of the death of the employee; and (I) retroactive pay under section 5344(a) (2) of this title. I t does not include benefits, refunds, or interest payable under subchapter I I I of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute. § 5582. Designation of beneficiary; order of precedence (a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under such regulations as the Comptroller General of the United States may prescribe. (b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death.
496 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal repre- sentative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death. § 5583. Payment of money due; settlement of accounts (a) Under such regulations as the Comptroller General of the United States may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under section 5582(b) of this title, or, if none, to the widow or widower of the employee. (b) Except as the Comptroller General may by regulation other- wise authorize or direct, accounts not payable under subsection (a) of this section are payable on settlement of the General Accounting Office. However— (1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; (2) accounts of employees of the Canal Zone Government on the Isthmus of Panama shall be paid by the Canal Zone Govern- ment; and (3) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations. SUBCHAPTER IX—BACK PAY § 5591. Back pay; individuals reinstated or restored after removal or suspension for cause An individual removed or suspended under section 7501 of this title who, after filing a written answer to the charges under section 7501 of this title or after further appeal to proper authority after receipt of an adverse decision on the answer, is reinstated or restored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the re- moval or suspension, for the period for which he did not receive pay with respect to the position from which he was removed or suspended, less the amount he earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this section shall be made at the earliest practicable date. § 5592. Back pay; preference eligibles reinstated or restored after removal, suspension, or furlough An individual removed, suspended, or furloughed under section 7512 of this title who, after answering the reasons advanced for the proposed adverse action under section 7512 of this title or after an appeal to the Civil Service Commission under section 7701 of this title, is reinstated or restored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the re- moval, suspension, or furlough, for the period for which he did
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 497 not receive pay with respect to the position from which he was removed, suspended, or furloughed, less the amounts he earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. § 5593. Back pay; individuals reinstated or restored after reduc- tion in force An individual removed or furloughed without pay in a reduction in force who, after an appeal to proper authority, is reinstated or re- stored to duty because the action was unjustified or unwarranted is— (1) entitled to pay, at the rate received on the date of the re- moval or furlough, for the period for which he did not receive pay with respect to the position from which he was removed or furloughed, less the amounts he earned through other employ- ment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this section shall be made at the earliest practicable date. § 5594. Back pay; individuals reinstated or restored after suspen- sion or removal for national security An individual suspended or removed under section 7532 of this title who is reinstated or restored to duty under section 3571 of this title is entitled to pay in an amount not to exceed the amount he normally would have earned during the period of suspension or removal, at the rate received on the date of suspension or removal, for all or a part of the period for which he did not receive pay with respect to the position from which he was suspended or removed, less the amounts he earned through other employment during that period. CHAPTER 57—TRAVEL, TRANSPORTATION, A N D SUBSISTENCE SUBCHAPTER I—TRAVEL AND SUBSISTENCE E X P E N S E S ; MILEAGE ALLOWANCES Sec. 5701. Definitions. 5702. Per diem; employees traveling on official business. 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay. 5704. Mileage and related allowances. 5705. Advancements and deductions. 5706. Allowable travel expenses. 5707. Regulations. 5708. Effect on other statutes. SUBCHAPTER II—TRAVEL AND TRANSPORTATION EX- PENSES ; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES Sec. 5721. Definitions. 5722. Travel and transportation expenses of new appointees; posts of duty out- side the continental United States. 5723. Travel and transportation exi)enses of new appointees and student trainees; manpower shortage positions. 5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis. 5725. Transportation expenses; employees assigned to danger areas.
498 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Sec. 5726. Storage expenses; household goods and personal effects. 5727. Transportation of motor vehicles. 5728. Travel and transportation expenses; vacation leave. 5729. Transportation expenses; prior return of family. 5730. Funds available. 5731. Expenses limited to lowest first-class rate. 5732. General average contribution; payment or reimbursement. SUBCHAPTEE III—TKANSPOKTATION OF REMAINS, DEPENDENTS, AND EFFECTS Sec. 5741, General prohibition. 5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad. SUBCHAPTER I—TRAVEL AND SUBSISTENCE E X P E N S E S ; MILEAGE ALLOWANCES § 5701. Definitions For the purpose of this subchapter— (1) "agency" means— ^A) an Executive agency; (B) a military department; (C) an office, agency, or other establishment in the legisla- tive branch; (D) an office, agency, or other establishment in the judicial branch; and ( E ) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses; (2) "employee" means an individual employed in or under an agency; (3) "subsistence" means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler; (4) "per diem allowance" means a daily flat rate payment in- stead of actual expenses for subsistence and fees or tips to porters and stewards; (5) "Government" means the Government of the United States and the government of the District, of Columbia; and (6) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii. § 5702. Per diem; employees traveling on official business (a) An employee, while traveling on official business away from his designated post of duty, is entitled to a per diem allowance pre- scribed by the agency concerned. F o r travel inside the continental United States, the per diem allowance may not exceed the rate of $16. F o r travel outside the continental United States, the per diem allow- ance may not exceed the rate established by the President or his desig- nee, who may be the Director of the Bureau of the Budget or another officer of the Government of the United States, for the locality where the travel is performed. (b) Under regulations prescribed under section 5707 of this title, an employee who, while traveling on official business away from his designated post of duty, becomes incapacitated by illness or injury not due to his own misconduct is entitled to the per diem allowances, and transportation expenses to his designated post of duty.
80 STAT. ] PUBLIC LAW 89-554^SEPT. 6, 1966 499 (c) Under regulations prescribed under section 5707 of this title, the head of the agency concerned may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed— (1) $30 for each day in a travel status inside the continental United States; or (2) the maximum per diem allowance plus $10 for each day in a travel status outside the continental United States. (d) This section does not apply to a justice or judge except to the extent provided by section 456 of title 28. § 5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay (a) F o r the purpose of this section, "appropriation" includes funds made available by statute under section 849 of title 31. (b) An individual employed intermittently in the Government serv- ice as an expert or consultant and paid on a daily when-actually-em- ployed basis may be allowed travel expenses under this subchapter while away from his home or regular place of business, including a per diem allowance under this subchapter while at his place of employment. (c) An individual serving without pay or at $1 a year may be allowed transportation expenses under this subchapter and a per diem allowance under this section while en route and at his place of service or employment away from his home or regular place of business. Unless a higher rate is named in an appropriation or other statute, the per diem allowance may not exceed— (1) the rate of $16 for travel inside the continental United States; and (2) the rates established under section 5702(a) of this title for travel outside the continental United States. (d) Under regulations prescribed under section 5707 of this title, the head of the agency concerned may prescribe conditions under which an individual to whom this section applies may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed—- (1) $30 for each day m a travel status inside the continental United States; or (2) the maximum per diem allowance plus $10 for each day in a travel status outside the continental United States. § 5704. Mileage and related allowances (a) Under regulations prescribed under section 5707 of this title, an employee or other individual performing service for the Government, who is engaged on official business inside or outside his designated post of duty or place of service, is entitled to not in excess of— (1) 8 cents a mile for the use of a privately owned motor- cycle; or (2) 12 cents a mile for the use of a privately owned automobile or airplane; instead of the actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determination of advantage is not required when
500 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. payment on a mileage basis is limited to the cost of travel by common carrier including per diem. (b) I n addition to the mileage allowance under subsection (a) of this section, the employee or other individual performing service for the Government may be reimbursed for— (1) parking fees; (2) ferry fares; and (3) bridge, road, and tunnel tolls. § 5705. Advancements and deductions An agency may advance, through the proper disbursing official, to an employee or individual entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or individual or his estate by— (1) setoff against accrued pay, retirement credit, or other amount due the employee or individual; (2) deduction from an amount due from the United States; and (3) such other method as is provided by law. § 5706. Allowable travel expenses Except as otherwise permitted by this subchapter or by statutes re- lating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employ- ment or appointment under the United States. §5707. Regulations The Director of the Bureau of the Budget shall prescribe regulations necessary for the administration of this subchapter. The fixing, pay- ment, advancement, and recovery of travel allowances, and the reim- bursement of travel expenses, under this subchapter shall be in ac- cordance with the regulations. This section does not apply to the fix- ing or payment of a per diem allowance under section 5703(c) of this title. § 5708. Effect on other statutes This subchapter does not modify or repeal— (1) any statute providing for the traveling expenses of the President; (2) any statute providing for mileage allowances for Members of Congress; (3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or (4) any appropriation statute item for examination of esti- mates in the field. SUBCHAPTER II—TRAVEL AND TRANSPORTATION EX- PENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES §5721. Definitions F o r the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; (B) a military department; ^C) a court of the United States; (D) the Administrative Office of the United States Courts; ( E ) the Library of Congress;
80 STAT.] PUBLIC LAW 8 9 - 5 5 4 - S E P T . 6, 1966 501 ( F ) the Botanic Garden; (G) the Government Printing Office; and ( H ) the government of the District of Colmnbia; but does not include a Government controlled corporation; (2) "employee" means an individual employed in or under an agency; (3) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; (4) "Government" means the Government of the United States and the government of the District of Columbia; and (5) "appropriation" includes funds made available by statute under section 849 of title 31. §5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States (a) Under such regulations as the President may prescribe and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses of a new appointee and transportation ex- penses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States; and (2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the United States. (b) An agency may pay expenses under subsection (a) (1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if selected for appointment to a teaching position, except as a substitute, in the Department of Defense under that chapter; or (2) 12 months after his appointment, if selected for appoint- ment to any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money^ spent by the United States for the expenses is recoverable from the individual as a debt due the United States. (c) An agency may pay expenses under subsection (a) (2) of this section only after the individual has served for a minimum period of— (1) one school year as determined under chapter 25 of title 20, if employed in a teaching position, except as a substitute, in the Department of Defense under that chapter; or (2) not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position; unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience. (d) This section does not apply to appropriations for the Foreign Service of the United States.
502 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 5723. Travel and transportation expenses of new appointees and student trainees; manpower shortage positions (a) Under such regulations as the President may prescribe and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations— (1) travel expenses of a new appointee, or a student trainee when assigned on completion of college work, to a position in the United States for which the Civil Service Commission determines there is a manpower shortage; and (2) transportation expenses of his immediate family and his household goods and personal effects to tlie extent authorized by section 5724 of this title; from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses pay- able under this subsection may include the per diem and mileage allow- ances authorized for employees by subchapter I of this chapter. Ad- vances of funds may be made for the expenses authorized by this sub- section to the extent authorized by section 5724(f) of this title. (b) An agency may pay travel and transportation expenses under subsection (a) of this section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his appointment or assignment, unless separated for reasons beyond his control which are acceptable to the agency con- cerned. If the individual violates the agreement, the money spent by the United States for the expenses is recoverable from the individ- ual as a debt due the United States. (c) An agency may pay travel and transportation expenses under subsection (a) of this section whether or not the individual selected has been appointed at the time of the travel. (d) The Commission may not delegate its authority to determine positions for which there is a manpower shortage for the purpose of this section. (e) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section. §5724. Travel and transportation expenses of employees trans- ferred ; advancement of funds; reimbursement on com- muted basis (a) Under such regulations as the President may prescribe and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds— (1) the travel expenses of an employee transferred in the inter- est of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under sec- tion 5704 of this title; and (2) the expenses of transporting, packing, crating, tempo- rarily storing, draying, and unpacking his household goods and personal effects not in excess of 7,000 pounds net weight. (b) Under such regulations as the President may prescribe, an em- ployee who transports a house trailer or mobile dwelling inside the continental United States, inside Alaska, or between the continental United States and Alaska, for use as a residence, and who otherwise would be entitled to transportation of household goods and personal
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 503 effects under subsection (a) of this section, is entitled, instead of that transportation, to— (1) a reasonable allowance not in excess of 20 cents a mile for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or (2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the em- ployee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee. However, payment under this subsection may not exceed the maxi- mum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary stor- age of his household goods and personal effects in connection with this transfer. (c) Under such regulations as the President may prescribe, an employee who transfers between points inside the continental United States, instead of being paid for the actual expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects, shall be reimbursed on a com- muted basis at the rates per 100 pounds that are fixed by zones in the regulations. The reimbursement may not exceed the amount which would be allowable for the authorized weight allowance. (d) When an employee transfers to a post of duty outside the continental United States, his expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under section 5722 of this title. (e) When an employee transfers from one agency to another, the agency to which he transfers pays the expenses authorized by this section. (f) An advance of funds may be made to an employee under the regulations of the President with the same safeguards required under section 5705 of this title. (g) The allowances authorized by this section do not apply to an employee transferred under chapter 14 of title 22. (h) When a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the United States, or at his request, his expenses of travel and trans- portation and the expenses of transporting, packing, crating, tem- porarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds. §5725. Transportation expenses; employees assigned to danger areas (a) When an employee of the United States is on duty, or is trans- ferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone— (1) from which his immediate family should be evacuated; or (2) to which they are not permitted to accompany him; because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family. Gov- ernment funds may be used to transport his immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a loca- tion, or it is administratively impracticable to determine his intent, the
504 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may desig- nate an alternate location. (b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in sub- section (a) of this section, Government funds may be used to trans- port his immediate family and household goods and personal effects from the designated or alternate location to the duty station. § 5726. Storage expenses; household goods and personal effects (a) F o r the purpose of this section, "household goods and per- sonal effects" means such personal propertj^ of an employee and his dependents as the President may by regulation authorize to be trans- ported or stored, including, in emergencies, motor vehicles author- ized to be shipped at Government expense. (b) Under such regulations as the President may prescribe, an em- ployee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, assigned to a perma- nent duty station outside the continental United States may be allowed storage expenses and related transportation and other expenses for his household goods and personal effects when— (1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or (2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy. The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724(a), may not exceed 7,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section. § 5727. Transportation of motor vehicles (a) Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile. (b) Under such regulations as the President may prescribe, the privately owned motor vehicle of an employee, including a new ap- pointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, may be transported at Government expense to, from, and between the continental LTnited States and a post of duty outside the continental United States, or between posts of duty outside the continental United States, when— (1) the employee is assigned to the post of duty for other than temporary duty; and (2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty. (c) An employee may transport only one motor vehicle under sub- section (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the mo- tor vehicle during the period is necessary for reasons beyond the con- trol of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this section of one additional privately owned motor vehicle as a replace- ment. When an employee has remained in continuous service out- side the United States during the 4-year period after the date of trans-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 505 portation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle. (d) When the head of an agency authorizes transportation under subsection (b) of this section of a privately owned motor vehicle, the transportation may be by— (1) commercial means, if available at reasonable rates and under reasonable conditions; or (2) Go'vernment means on a space-available basis. (e) (1) This section, except subsection ( a ) , does not apply to— (A) the Foreign Service of the United States; or (B) the Central Intelligence Agency. (2) This section, except subsection ( a ) , does not affect— (A) section 1138 of title 22; or (B) section 403e(4) of title 50. § 5728. Travel and transportation expenses; vacation leave (a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round- trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty outside the con- tinental United States to the place of his actual residence at the time of appointment or transfer to the post of duty, after he has satisfac- torily completed an agreed period of service outside the continental LTnited States and is returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental United States under a new written agreement made before departing from the post of duty. (b) Under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round- trip travel of an employee of the United States appointed by the Presi- dent, by and with the advice and consent of the Senate, for a term fixed by statute, and of transportation of his immediate family, but not household goods, from his post of duty outside the continental United States to the place of his actual residence at the time of ap- pointment to the post of duty, after he has satisfactorily completed each 2 years of service outside the continental United States and is returning to his actual place of residence to take leave before serving at least 2 more years of duty outside the continental United States. (c) This section does not apply to appropriations for the Foreign Service of the United States. § 5729. Transportation expenses; prior return of family (a) Under such regulations as the President may prescribe, an agency shall pay from its appropriations, not more than once before the return to the United States or its territories or possessions of an employee whose post of duty is outside the continental United States, the expenses of transporting his immediate family and of shipping his household goods and personal effects from his post of duty to his actual place of residence when— (1) he has acquired eligibility for that transportation; or (2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or com- passionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation im- posed by authority or circumstances over which the individual has no control.
506 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) Under such regulations as the President may prescribe, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental United States for the proper transportation expenses of returning his immediate family and his household goods and personal effects to the United States or its terri- tories or possessions, when— (1) their return was made at the expense of the employee be- fore his return and for other than reasons of public interest; and (2) he acquires eligibility for those transportation expenses. (c) This section does not apply to appropriations for the Foreign Service of the United States. § 5730. Funds available Funds available for travel expenses of an employee are available for expenses of transportation of his immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this sub- chapter. § 5731. Expenses limited to lowest first-class rate (a) The allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed by the President, that— (1) lowest first-class accommodations are not available; or (2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes. (b) Instead of the maximum fixed by subsection (a) of this sec- tion, the allowance to an employee of the United States for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class ac- commodations on trans-pacific steamships. § 5732. General average contribution; payment or reimbursement Under such regulations as the President may prescribe, appropria- tions chargeable for the transportation of baggage and household goods and personal effects of employees of the United States, volun- teers as defined by section 8142(a) of this title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions— (1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported; (2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or (3) when the individual concerned selected the means of ship- ment. SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS § 5741. General prohibition Except as specifically authorized by statute, the head of an Execu- tive department or military department may not authorize an ex- penditure in connection with the transportation of remains of a deceased employee.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 507 § 5742, Transportation of remains, dependents, and effects; death occurring away from official station or abroad (a) F o r the purpose of this section, "agency" means— (1) an Executive agency; (2) a military department; (3) an agency in the legislative branch; and (4) an agency in the judicial branch. (b) When an employee dies, the head of the agency concerned, "imder regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activ- ity in which the employee was engaged— (1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the United States or while performing official duties outside the United States or in transit thereto or therefrom; and (2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting house- hold effects and other personal property to his former home or such other place as is determined by the head of the agency concerned, if death occurred w^hile the employee was performing official duties outside the United States or in transit thereto or therefrom. (c) When a dependent of an employee dies while residing with the employee performing official duties outside the continental United States or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when— (1) local commercial mortuary facilities and supplies are not available; or (2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency. Reimbursement for the cost of mortuary services and supplies fur- nished under this subsection shall be collected and credited to current appropriations available for the payment of these costs. (d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred. CHAPTER 59—ALLOWANCES SUBCHAPTER I—UNIFORMS Sec. 5901. Uniform allowances. SUBCHAPTER II—QUARTERS Sec. 5911. Quarters and facilities; employees in the United States. 5912. Quarters in Government owned or rented buildings; employees in foreign countries. 5913. Official residence expenses.
508 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. SUBCHAPTEK III—OVEESEAS DIFFERENTIALS AND ALLOWANCES Sec. 5921. Definitions. 5922. General provisions. 5923. Quarters allowances. 5924. Cost-of-living allowances. 5925. Post differentials. SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES Sec. 5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska. 5942. Allowance based on duty on California offshore islands. 5943, Foreign currency appreciation allowances. 5944. Illness and burial expenses; native employees in foreign countries. 5945, Notary public commission expenses. 5946, Membership fees; expenses of attendance at meetings; limitations. SUBCHAPTER I—UNIFORMS § 5901. Uniform allowances (a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Colum- bia, on a snowing of necessity or desirability, an amount not to exceed $100 multiplied oy the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties and who are not being furnished with the uniform. The head of the agency concerned, out of funds made available by the appropriation, shall— (1) furnish to each of these employees a uniform at a cost not to exceed $100 a year; or (2) pay to each of these employees an allowance for a uniform not to exceed $100 a year. The allowance may be paid only at the times and in the amounts au- thorized by the regulations prescribed under subsection (d) of this section. (b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1,1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allow- ance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section. (c) An allowance paid under this section is not wages within the meaning of section 409 of title 42 or chapters 21 and 24 of title 26. (d) The Director of the Bureau of the Budget shall prescribe regu- lations necessary for the uniform administration of this section. SUBCHAPTER II—QUARTERS §5911. Quarters and facilities; employees in the United States (a) For the purpose of this section— (1) "Government" means the Government of the United States; (2) "agency" means an Executive agency, but does not include the Tennessee Valley Authority; (3) "employee" means an employee of an agency;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 509 (4) "United States" means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Eico; (5) "quarters" means quarters owned or leased by the Govern- ment; and (6) "facilities" means household furniture and equipment, ga- rage space, utilities, subsistence, and laundry service. (b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action. (c) Rental rates for quarters provided for an employee under sub- section (b) of this section or occupied on a rental basis by an em- ployee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are pro- vided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law. (d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate au- thority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of pay- ment of the rates and charges shall be credited to the Government as provided by law. (e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise. (f) The President may prescribe regulations governing the provi- sion, occupancy, and availability of quarters and facilities, the determi- nation of rates and charges therefor, and other related matters, neces- sary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regula- tions of the President, necessary and appropriate to carry out the functions of the agency head under this section. (g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute. § 5912. Quarters in Government owned or rented buildings; em- ployees in foreign countries Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor. 65-300 0-67—35
510 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 5913. Official residence expenses (a) F o r the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for— (1) the chief representatives of the United States at the posts; and (2) such other senior officials of the Government of the United States as the President may designate. SUBCHAPTEE III—OVEKSEAS DIFFEKENTIALS AND ALLOWANCES § 5921. Definitions. For the purpose of this subchapter— (1) "Government" means the Government of the United States; (2) "agency" means an Executive agency and the Library of Congress, but does not include a Government controlled corpo- ration ; (3) "employee" means an employee in or under an agency and more specifically defined by regulations prescribed by the President; (4) "United States", when used in a geographical sense, means the several States and the District of Columbia; (5) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; and (6) "foreign area" means— (A) the Trust Territory of the Pacific Islands; and (B) any other area outside the United States, the Com- monwealth of Puerto Rico, the Canal Zone, and territories and possessions of the United States. § 5922. General provisions (a) Notwithstanding section 5536 of this title and except as other- wise provided by this subchapter, the allowances and differentials authorized by this subchapter may be granted to an employee officially stationed in a foreign area— (1) who is a citizen of the United States; and (2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials pro- vided by this subchapter, is fixed by administrative action pursu- ant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States. To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this sub- chapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States. (b) Allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expendi- tures must be made in advance by the employee. An advance of funds
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 511 not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by— (1) setoff against accrued pay, compensation, amount of retire- ment credit, or other amount due the employee from the Govern- ment; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under regulations of the Presi- dent, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest. (c) The allow^ances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing— (1) payments of the allowances and differentials and the re- spective rates at which the payments are made; (2) the foreign areas, the groups of positions, and the cate- gories of employees to which the rates apply; and (3) other related matters. § 5923. Quarters allowances When Government owned or rented quarters are not provided with- out charge for an employee in a foreign area, one or more of the fol- lowing quarters allowances may be granted when applicable: (1) A temporary lodging allow^ance for the reasonable cost of temporary quarters incurred by the employee and his family— (A) for a period not in excess of 3 months after first ar- rival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and (B) for a period of not more than 1 month immediately before final departure from the post after the necessary evacuation of residence quarters. (2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section 529 of title 31. (3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not other- wise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if— (A) the expenses are administratively approved in ad- vance; and (B) the duration and terms of the lease justify payment of the expenses by the Government. § 5924. Cost-of-living allowances The following cost-of-living allowances may be granted, when ap- plicable, to an employee in a foreign area: (1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia. (2) A transfer allowance for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assign- ment in— (A) a foreign area; or (B) the United States between assignments to posts in foreign areas.
512 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (3) A separate maintenance allowance to assist an employee who is compelled, because of dangerous, notably unhealthful, or excessively adverse living conditions at his post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining, elsewhere than at the post, his wife or his dependents, or both. (4) An education allowance or payment of travel costs to as- sist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate educa- tion for his dependents, as follows: (A) An allowance not to exceed the cost of obtaining such elementary and secondary educational services as are ordi- narily provided without charge by the public schools in the United States, plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the nearest locality where adequate schools are available, without regard to section 529 of title 31. The amount of the allowance ranted shall be determined on the basis of the educational f acility used. (B) The travel expenses of dependents of an employee to and from a school in the United States to obtain an American secondary or undergraduate college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education. An allowance payment under subparagraph (A) of this paragraph (4) may not be made for a dependent during the 12 months following his ar- rival in the United States for secondary education under au- thority contained in this subparagraph ( B ) . Notwithstand- ing section 5921(6) of this title, travel expenses, for the purpose of obtaining undergraduate college education, may be authorized under this subparagraph ( B ) , under such regu- lations as the President may prescribe, for dependents of employees who are citizens of the United States stationed in the Canal Zone. § 5925. Post differentials A post differential may be granted on the basis of conditions of en- vironment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential may not exceed 25 percent of the rate of basic pay. SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES §5941. Allowances based on living costs and conditions of en- vironment; employees stationed outside continental United States or in Alaska (a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on— (1) living costs substantially higher than in the District of Columbia;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 513 (2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or (3) both of these factors. The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the Presi- dent establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. (b) An employee entitled to a cost-of-living allowance under section 5924 of this title may not be paid an allowance under subsection (a) of this section based on living costs substantially higher than in the District of Columbia. § 5942. Allowance based on duty on California offshore islands Notwithstanding section 5536 of this title, an employee who is as- signed to duty, except temporary duty, on one of the California off- shore islands is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. However, the allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid, and defining the areas and groups of positions to which the rates apply. § 5943. Foreign currency appreciation allowances (a) The President, under such regulations as he may prescribe and on recommendation of the Director of the Bureau of the Budget, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes. (b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the ar- rangement approved by the President on July 27, 1933, for the con- version into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses. (c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section. (d) The Director of the Bureau of the Budget shall report annually to Congress all expenditures made under this section. § 5944. Illness and burial expenses; native employees in foreigrn countries (a) The head of an Executive department or military department which maintains a permanent staff of employees in foreign countries may pay the burial expenses and expenses in connection with the last illness and death of a native employee of his department in a country in which the Secretary of State determines it is customary for employ- ers to pay these expenses. Payment of these expenses may not exceed $100 in any one case. (b) The head of an Executive department or military department which maintains a permanent staff of employees in foreign countries in which the custom referred to by subsection (a) of this section does not exist, on finding that the immediate family of the deceased is desti- tute, may pay such of the expenses referred to by subsection (a) of this section within the limitations in that subsection to the family, heirs at law, or persons responsible for the debts of the deceased, as the em-
514 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. ployee in charge of the office abroad in which the deceased was em- ployed considers proper. (c) Payments under this section are made from appropriations available to the department concerned for miscellaneous or contingent expenses. § 5945. Notary public commission expenses An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia who is re- quired to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency concerned, not in excess of the expense required to obtain the commis- sion. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this section. §5946. Membership fees; expenses of attendance at meetings; limitations Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated funds may not be used for payment of— (1) membership fees or dues of an employee as defined by sec- tion 2105 of this title or an individual employed by the govern- ment of the District of Columbia in a society or association; or (2) expenses of attendance of an individual at meetings or con- ventions of members of a society or association. This section does not prevent the use of appropriations for the Depart- ment of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department. Subpart E—Attendance and Leave CHAPTER 61—HOURS OF WORK Sec. 6101. Basic 40-hour workweek; work schedules; regulations. 6102. Eight-hour day; 40-hour workweek; wage-board employees. 6103. Holidays. 6104. Holidays; daily, hourly, and piece-work basis employees. 6105. Closing of Executive departments. 6106. Time clocks; restrictions. § 6101. Basic 40-hour workweek; work schedules; regulations (a) The head of each Executive agency, military department, and of the government of the District of Columbia shall— (1) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and (2) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days. (b) Except when the head of an Executive agency, a military de- partment, or of the government of the District of Columbia deter- mines that his organization would be seriously handicapped in carry- ing out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that— (1) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 515 (2) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; (3) the working hours in each day in the basic workweek are the same; (4) the basic nonovertime workday may not exceed 8 hours; (5) the occurrence of holidays may not affect the designation of the basic workweek; and (6) breaks in working hours of more than 1 hour may not be scheduled in a basic workday. (c) The Architect of the Capitol may apply this section to em- ployees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this section to em- ployees under the Library of Congress. (d) For the purpose of this section, "employee" includes an indi- vidual employed by the government of the District of Columbia, but does not include an employee or individual excluded from the defini- tion of employee in section 5541 (2) of this title. (e) The Civil Service Commission may prescribe regulations, sub- ject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. § 6102. Eight-hour day; 40-hour workweek; wage-board employees The regular hours of work for an employee whose basic rate of pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose are established at not more than 8 a day or 40 a week. However, work in excess of these hours is permitted when adminis- tratively determined to be in the public interest. § 6103. Holidays (a) The following are legal public holidays: January 1, New Year's Day. February 22, Washington's Birthday. May 30, Memorial Day. July 4, Independence Day. The first Monday in September, Labor Day. November 11, Veterans Day. The fourth Thursday in November, Thanksgiving Day. December 25, Christmas. (b) For the purpose of statutes relating to pay and leave of em- ployees, with respect to a legal public holiday and any other day de- clared to be a holiday by Federal statute or Executive order, the fol- lowing rules apply: (1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for— (A) employees whose basic workweek is Monday through F r i d a y ; and (B) the purpose of section 6309 of this title. (2) Instead of a holiday that occurs on a regular weekly non- workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
516 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individ- uals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection. § 6104. Holidays; daily, hourly, and piece-work basis employees When a regular employee as defined by section 2105 of this title or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece- work basis, is relieved or prevented from working on a day— (1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Co- lumbia, by order of the Board of Commissioners; (2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Board of Commissioners; or (3) solely because of the occurrence of a legal public holiday under section 6103 of this title, or a day declared a holiday by Federal statute. Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Board of Commissioners; he is entitled to the same pay for that day as for a day on which an ordinary day's work is performed. § 6105. Closing of Executive departments An Executive department may not be closed as a mark to the memory of a deceased former official of the United States. § 6106. Time clocks; restrictions A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia. CHAPTER 63—LEAVE SUBCHAPTER I—ANNUAL AND SICK LEAVE Sec. 6301. Definitions. 6302. General provisions. 6303. Annual leave; accrual. 6304. Annual leave; accumulation. 6305. Home leave; leave for Chiefs of Missions. 6306. Annual leave; refund of lump-sum payment; recredit of annual leave. 6307. Sick leave.; accrual and accumulation. 6308. Transfers between positions under different leave systems. 6309. Leave of absence; rural carriers. 6310. Leave of absence; aliens. 6311. Regulations. SUBCHAPTER II—OTHER PAID LEAVE Sec. 6321. Absence of veterans to attend funeral services. 6322. Leave for jury service. 6323. Military leave; Reserves and National Guardsmen. 6324. Absence of certain police and firemen.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 517 SUBCHAPTER I—ANNUAL AND SICK LEAVE § 6301. Definitions F o r the purpose of this subchapter— (1) "United States", when used in a geographical sense, means the several States and the District of Columbia; and (2) "employee" means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; but does not include— (i) a teacher or librarian of the public schools of the Dis- trict of Columbia; (ii) a part-time employee, except an hourly employee in the postal field service, who does not have an established regular tour of duty during the administrative workweek; (iii) a temporary employee engaged in construction work at an hourly rate; (iv) an employee of the Canal Zone Government or the Panama Canal Company when employed on the Isthmus of Panama; (v) a physician, dentist, or nurse in the Department of Medicine and Surgery, Veterans' Administration; (vi) an employee of either House of Congress or of the two Houses; (vii) an employee of a corporation supervised by the F a r m Credit Administration if private interests elect or appoint a member of the board of directors; (viii) an alien employee who occupies a position outside the United States, except as provided by section 6310 of this title; (ix) a "teacher" or an individual holding a "teaching posi- tion" as defined by section 901 of title 20; (x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under section 5332 of this title; (xi) an officer in the executive branch or in the govern- ment of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal; or (xii) an officer who receives pay under section 866 of title 22. § 6302. General provisions (a) The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute. Executive order, or administrative order. (b) For the purpose of this subchapter an employee is deemed em- ployed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays estab- lished by Federal statute. Executive order, or administrative order, which fall within his basic administrative workweek. (c) A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and sections 6303, 630^1 ( a ) , (b), 6305 ( a ) , 6307, and 6310 of this title on a pro rata basis.
518 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (d) The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency con- cerned may prescribe. (e) If an officer excepted from this subchapter by section 6301 (2) ( x ) - ( x i i ) of this title, without a break in service, again becomes sub- ject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit. § 6303. Annual leave; accrual (a) An employee is entitled to annual leave with pay which accrues as follows— (1) one-half day for each full biweekly pay period for an em- ployee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, ex- cept that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. I n determining years of service, an employee is entitled to credit for all service creditable under section 8332 of this title for the purpose of an annuity under subchapter III of chapter 83 of this title. However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military serv- ice only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has laeen authorized; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods. (b) Notwithstanding subsection (a) of this section, an employee is entitled to annual leave under this subchapter only after being cur- rently employed for a continuous period of 90 days under one or more appointments without a break in service. After completing the 90- day period, the employee is entitled to be credited with the leave that would have accrued to him under subsection (a) of this section except for this subsection. (c) A change in the rate of accrual of annual leave by an employee under this section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee com- pleted the prescribed period of service. (d) Leave granted under this subchapter is exclusive of time actu- ally and necessarily occupied in going to or from a post of duty and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 519 time necessarily occupied awaiting transportation, in the case of an employee— (1) to whom section 6304(b) of this title applies; (2) whose post of duty is outside the United States; and (3) who returns on leave to the United States, or to his place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico. This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States. § 6304. Annual leave; accumulation (a) Except as provided by subsection (b) of this section, annual leave provided by section 6303 of this title, which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year. (b) Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year: (1) Individuals directly recruited or transferred by the Gov- ernment of the United States from the United States or its terri- tories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred. (2) Individuals employed locally but— (A) (i) who were originally recruited from the United States or its territories or possessions including the Com- monwealth of Puerto Rico but outside the area of employ- ? ment; (ii) who have been in substantially continuous employ- ment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign govern- ments; and (iii) whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or (B) (i) who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and (ii) who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment. (3) Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Govern- ment of the United States. (c) Annual leave in excess of the amount allowable— (1) under subsection (a) or (b) of this section which was ac- cumulated under earlier statute; or
520 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (2) under subsection (a) of this section which was accumu- lated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section; remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee's ac- cumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate. § 6305. Home leave; leave for Chiefs of Missions (a) After 24 months of continuous service outside the United States, an employee may be granted leave of absence, under regula- tions of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this sub- chapter. Leave so granted— (1) is for use in the United States, or if the employee's place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico; (2) accumulates for future use without regard to the limita- tion in section 6304(b) of this title; and (3) may not be made the basis for terminal leave or for a lump- sum payment. (b) The President may authorize leave of absence to an officer excepted from this subchapter by section 6301(2) (xii) of this title for use in the United States and its territories or possessions. Leave so authorized does not constitute a leave system and may not be made the basis for a lump-sum payment. § 6306. Annual leave; refund of lump-sum payment; recredit of annual leave (a) When an individual who received a lump-sum payment for leave under section 5551 of this title is reemployed before the end of the period covered by the lump-sum payment in or under the Govern- ment of the United States or the government of the District of Co- lumbia, except in a position excepted from this subchapter by section 6301(2) (ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump- sum period. (b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission. When an individual is reemployed in a position excepted from this sub- chapter by section 6301(2) ( x ) - ( x i i ) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit. § 6307. Sick leave; accrual and accumulation (a) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 521 sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period. (b) Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years. (c) When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia. § 6308, Transfers between positions under different leave systems The annual and sick leave to the credit of an employee who trans- fers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission, unless the individual is excepted from this subchapter by section 6301(2) (ii), (iii), (vi), or (vii) of this title. However, when a former member receiving a retirement annuity under sections 521-535 of title 4, District of Columbia Code, is reemployed in a posi- tion to which this subchapter applies, his sick leave balance may not be recredited to his account on the later reemployment. § 6309. Leave of absence; rural carriers The authorized absence of a rural carrier on a Saturday which occurs at the beginning, within, or at the end of a period of annual or sick leave of at least 5 days' duration, or 4 days' duration if a holiday falls at the beginning, within, or at the end of the period of annual or sick leave, is without charge to leave or loss of pay. A Saturday occurring in a period of annual or sick leave taken in a smaller number of days, at the option of the carrier, may be charged to his accrued leave and when so charged he is entitled to be paid for that absence. § 6310. Leave of absence; aliens The head of the agency concerned may grant leave of absence with pay, not in excess of the amount of annual and sick leave allowable to citizen employees under this subchapter, to alien employees who occupy positions outside the United States. §6311. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this subchapter. SUBCHAPTER II—OTHER PAID LEAVE § 6321. Absence of veterans to attend funeral services An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States.
522 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. § 6322. Leave for jury service Except as provided by section 5515 of this title, the pay of an employee as defined by section 2105 of this title or an individual em- ployed by the government of the District of Columbia may not be reduced during a period of absence for jury service in a State court or a court of the United States because of the absence. The period of absence for jury service is without deduction from other leave of absence authorized by statute. § 6323. Military leave; Reserves and National Guardsmen (a) An employee as defined by section 2105 of this title (except a substitute in the postal field service) or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss of pay, time, or performance or efficiency rating for each day, not in excess of 15 days in a calendar year, in which he is on active duty or is engaged in field or coast defense training under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard. (b) A substitute employee in the postal field service is entitled to leave without loss of pay, time, or efficiency rating for absence, not in excess of 80 hours in a calendar year, because of active duty or field or coast defense training under sections 502-505 of title 32 as a Reserve of the armed forces or member of the National Guard. This leave is on the basis of 1 hour of leave for each period aggre- gating 26 hours of work performed during the calendar year im- mediately before the calendar year in which he is ordered to that duty or training. However, he is entitled to this leave only if he worked at least 1,040 hours during that calendar year. § 6324. Absence of certain police and firemen (a) Sick leave may not be charged to the account of a member of the Metropolitan Police force or the Fire Department of the District of Columbia, the United States Park Police force, or the White House Police force for an absence due to injury or illness resulting from the performance of duty. (b) The determination of whether an injury or illness resulted from the performance of duty shall be made under regulations prescribed by— (1) the Commissioners of the District of Columbia for mem- bers of the Metropolitan Police force and the Fire Department of the District of Columbia; (2) the Secretary of the Interior for the United States Park Police force; and (3) the Secretary of the Treasury for the White House Police force. Subpart F—Employee Relations CHAPTER 71—POLICIES SUBCHAPTER I—EMPLOYEE ORGANIZATIONS Sec. 7101. Right to organize; postal employees. 7102. Right to petition Congress; employees.
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 523 SUBCHAPTER II—ANTIDISCRIMINATION IN EMPLOYMENT Sec. 7151. Policy. 7152. Marital status. 7153. Physical handicap. 7154. Other prohibitions. SUBCHAPTER I—EMPLOYEE ORGANIZATIONS § 7101. Right to organize; postal employees A postal employee may not be reduced in rank or pay or removed from the postal service because of— (1) membership in an organization of postal employees having for its objects, among other things, improvements in the working conditions of its members, including hours of work, pay, and leave of absence, and which is not affiliated with an outside organi- ^ zation imposing an obligation on the employees to engage in a strike, or proposing to assist them in a strike, against the United States; or (2) presenting, individually or as a member of a group of postal employees, a grievance to Congress or a Member of Con- gress. §7102. Right to petition Congress; employees The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied. SUBCHAPTER II—ANTIDISCRIMINATION IN EMPLOYMENT § 7151. Policy I t is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy. § 7152. Marital status The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service. § 7153. Physical handicap The President may prescribe rules which shall prohibit, as nearly as conditions of ^ood administration warrant, discrimination because of physical handicap in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Civil Service Commission, can be performed efficiently by an individ- ual with a physical handicap, except that the employment may not endanger the health or safety of the individual or others. §7154. Other prohibitions (a) The head of an Executive department or military department may appoint qualified women to positions in the department with the legal pay of the positions to which appointed. (b) I n the administration of chapter 51, subchapter I I I of chapter 53, and sections 305 and 3324 of this title, discrimination because of race, color, creed, sex, or marital status is prohibited with respect to an individual or a position held by an individual. (c) The Civil Service Commission may prescribe regulations neces- sary for the administration of subsection (b) of this section.
524 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. CHAPTER 73—SUITABILITY, SECURITY, A N D CONDUCT S U B C H A P T E R I — R E G U L A T I O N O F CONDUCT Sec. 7301. Presidential regulations. SUBCHAPTER II—LOYALTY, SECURITY, AND STRIKING Sec. 7311. Loyalty and striking. 7312. Employment and clearance; individuals removed for national security. SUBCHAPTER III—POLITICAL ACTIVITIES Sec. 7321. Political contributions and services. 7322. Political use of authority or influence ; prohibition. 7323. Political contributions; prohibition. 7324. Influencing elections; • taking part in political campaigns; prohibitions; exceptions. 7325. Penalties. 7326. Nonpartisan political activity permitted. 7327. Political activity permitted; employees residing in certain municipalities. SUBCHAPTER IV—FOREIGN DECORATIONS Sec. 7341. Receipt and display of foreign decorations. S U B C H A P T E R V—MISCONDUCT Sec. 7351. Gifts to superiors. 7352. Excessive and habitual use of intoxicants. S U B C H A P T E R I — R E G U L A T I O N O F CONDUCT § 7301. Presidential regulations The President may prescribe regulations for the conduct of em- ployees in the executive branch. SUBCHAPTER II—LOYALTY, SECURITY, A N D STRIKING § 7311. Loyalty and striking An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or (4) is a member of an organization of employees of the Gov- ernment of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia. § 7312. Employment and clearance; individuals removed for na- tional security Removal under section 7532 of this title does not affect the right of an individual so removed to seek or accept employment in an agency of the United States other than the agency from which removed. How- ever, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Civil
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 525 Service Commission. The Commission, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed. SUBCHAPTEK III—POLITICAL ACTIVITIES § 7321. Political contributions and services The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service is not obliged, by reason of that employment, to contribute to a political fund or to render political service, and that he may not be removed or otherwise prejudiced for refusal to do so. § 7322. Political use of authority or influence; prohibition The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service may not use his official authority or influence to coerce the political action of a person or body. § 7323. Political contributions; prohibition An employee in an Executive agency (except one appointed by the President, by and with the advice and consent of the Senate) may not request or receive from, or give to, an employee, a Member of Con- gress, or an officer of a uniformed service a thing of value for political purposes. An employee who violates this section shall be removed from the service. §7324. Influencing elections; taking part in political campaigns; prohibitions; exceptions (a) An employee in an Executive agency or an individual employed by the government of the District of Columbia may not— (1) use his official authority or influence for the pu^rpose of interfering with or affecting the result of an election; or (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase "an active part in polit- ical management or in political campaigns" means those acts of polit- ical management or political campaigning which were prohibited on the part of employees in the competitive service before J u l y 19,1940, by determinations of the Civil Service Commission under the rules prescribed by the President. (b) An employee or individual to whom subsection (a) of this section applies retains the right to vote as he chooses and to express his opinion on political subjects and candidates. (c) Subsection (a) of this section does not apply to an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (d) Subsection (a) (2) of this section does not apply to— (1) an employee paid from the appropriation for the office of the President; (2) the head or the assistant head of an Executive department or military department; (3) an employee appointed by the President, by and with the advice and consent of the Senate, who determines policies to be 65-300 0-67—36
526 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. pursued by the United States in its relations with foreign powers or in the nationwide administration of Federal laws; (4) the Commissioners of the District of Columbia; or (5) the Recorder of Deeds of the District of Columbia. § 7325. Penalties An employee or individual who violates section 7324 of this title shall be removed from his position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Civil Service Commission finds by unani- mous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Commission. § 7326. Nonpartisan political activity permitted Section 7324(a) (2) of this title does not prohibit political activity in connection with— (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as repre- senting a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a Na- tional or State political party or political party of a territory or possession of the United States. F o r the purpose of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party or political party of a territory or possession of the United States. § 7327. Political activity permitted; employees residing in certain municipalities (a) Section 7324(a) (2) of this title does not apply to an employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality. (b) The Civil Service Commission may prescribe regulations per- mitting employees and individuals to whom section 7324 of this title applies to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Commission considers it to be in their domestic interest, when— (1) the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and (2) the Commission determines that because of special or un- usual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation. SUBCHAPTER IV—FOREIGN DECORATIONS § 7341. Receipt and display of foreign decorations A present, decoration, or other thing presented or conferred by a foreign government to an employee, a Member of Congress, the President, or a, member of a uniformed service shall be tendered through the Department of State and not to the individual in person.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 527 The Department may deliver the present, decoration, or thing to the individual in person only if authorized by statute. After delivery is authorized by statute, the individual may not publicly show or wear the present, decoration, or thing. The Secretary of State shall fur- nish the 89th Congress and each alternate Congress thereafter a list of retired individuals for whom the Department of State is holding a present, decoration, or thing under this section. SUBCHAPTER V—MISCONDUCT § 7351. Gifts to superiors An employee may not— (1) solicit a contribution from another employee for a gift to an official superior; (2) make a donation as a gift to an official superior; or (3) accept a gift from an employee receiving less pay than himself. An employee who violates this section shall be removed from the service. § 7352. Excessive and habitual use of intoxicants An individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service. CHAPTER 75—ADVERSE ACTIONS SUBCHAPTER I—COMPETITIVE SERVICE Sec. 7501. Cause; procedure; exception. -. SUBCHAPTER II—PREFERENCE ELIGIBLE^ Sec. 7511. Definitions. 7512. Cause; procedure; exception. SUBCHAPTER HI—HEARING EXAMINERS Sec. 7521. Removal. SUBCHAPTER IV—NATIONAL SECURITY Sec. 7581. Definitions. 7532. Suspension and removal. 7533. Effect on other statutes. SUBCHAPTER I—COMPETITIVE SERVICE § 7501. Cause; procedure; exception (a) An individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service. (b) An individual in the competitive service whose removal or suspension without pay is sought is entitled to reasons in writing and to— (1) notice of the action sought and of any charges preferred against him; (2) a copy of the charges; (3) a reasonable time for filing a written answer to the charges, with affidavits; and (4) a written decision on the answer at the earliest practicable date.
528 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Examination of witnesses, trial, or hearing is not required but may be provided in the discretion of the individual directing the removal or suspension without pay. Copies of the charges, the notice of hear- ing, the answer, the reasons for and the order of removal or suspension without pay, and also the reasons for reduction in grade or pay, shall be made a part of the records of the employing agency, and, on request, shall be furnished to the individual affected and to the Civil Service Commission. (c) This section applies to a preference eligible employee as defined by section 7511 of this title only if he so elects. This section does not apply to the suspension or removal of an employee under section 7532 of this title. SUBCHAPTER II—PREFERENCE ELIGIBLES § 7511. Definitions For the purpose of this subchapter— (1) "preference eligible employee" means a permanent or indefinite preference eligible who has completed a probationary or trial period as an employee of an Executive agency or as an individual employed by the government of the District of Columbia, but does not include an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under section 3311 of title 39; and (2) "adverse action" means a removal/suspension for more than 30 days, furlough without pay, or reduction in rank or pay. § 7512. Cause; procedure; exception (a) An agency may take adverse action against a preference eligible employee, or debar him for future appointment, only for such cause as will promote the efficiency of the service. (b) A preference eligible employee against whom adverse action is proposed is entitled to— (1) at least 30 days' advance written notice, except when there is reasonable cause to believe him guilty of a crime for which a sentence of imprisonment can be imposed, stating any and all rea- sons, specifically and in detail, for the proposed action; (2) a reasonable time for answering the notice personally and in writing and for furnishing affidavits in support of the answer; and (3) a notice of an adverse decision. (c) This section does not apply to the suspension or removal of a preference eligible employee under section 7532 of this title. SUBCHAPTER III—HEARING EXAMINERS §7521. Removal A hearing examiner appointed under section 3105 of this title may be removed by the agency in which he is employed only for ^ood cause established and determined by the Civil Service Commission on the record after opportunity for hearing. SUBCHAPTER IV—NATIONAL SECURITY § 7531. Definitions For the purpose of this subchapter, "agency" means— (1) the Department of State; (2) the Department of Commerce;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 529 (3) the Department of Justice; (4) the Department of Defense; (5) a military department; (6) the Coast Guard; (7) the Atomic Energy Conimission; (8) the National Aeronautics and Space Administration; and (9) such other agency of the Government of the United States as the President designates in the best interests of national security. The President shall report any designation to the Committees on the Armed Services of the Congress. § 7532. Suspension and removal (a) Notwithstanding other statutes, the head of an agency may sus- pend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the sus- pended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty. (b) Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) oi this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security. The determination of the head of the agency is final. (c) An employee suspended under subsection (a) of this section who— (1) has a permanent or indefinite appointment; (2) has completed his probationary or trial period; and (3) is a citizen of the United States; is entitled, after suspension and before removal, to— (A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit; (B) an opportunity within 30 days thereafter, plus an ad- ditional 30 days if the charges are amended, to answer the charges and submit affidavits; (C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose; (D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and ( E ) a written statement of the decision of the head of the agency. § 7533. Effect on other statutes This subchajpter does not impair the powers vested in the Atomic Energy Commission by chapter 23 of title 42, or the requirement in section 2201(d) of title 42 that adequate provision be made for ad- ministrative review of a determination to dismiss an employee of the Atomic Energy Commission.
530 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. CHAPTER 77—APPEALS Sec. 7701. Appeals of preference eligibles. § 7701. Appeals of preference eligibles ^ A preference eligible employee as defined by section 7511 of this title is entitled to appeal to the Civil Service Commission from an adverse decision under section 7512 of this title of an administrative authority so acting. The employee shall submit the appeal in writ- ing within a reasonable time after receipt of notice of the adverse decision, and is entitled to appear personally or through a representa- tive under regulations prescribed by the Commission. The Commis- sion, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority and shall send copies of the findings and recommendations to the appellant or his representative. The administrative authority shall take the corrective action that the Commission finally recommends. CHAPTER 79—SERVICES TO EMPLOYEES Sec. 7901. Health service programs. 7902. Safety programs. 7903. Protective clothing and equipment. § 7901. Health service programs (a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction. (b) A health service program may be established by contract or otherwise, but only— (1) after consultation with the Public Health Service and con- sideration of its recommendations; and (2) in localities where there are a sufficient number of employees to warrant providing the service. (c) A health service program is limited to— (1) treatment of on-the-job illness and dental conditions requiring emergency attention; (2) preemployment and other examinations; (3) referral of employees to private physicians and dentists; and (4) preventive programs relating to health. (d) The Public Health Service, on request, shall review a health service program conducted under this section and shall submit com- ment and recommendations to the head of the agency concerned. (e) Wlien this section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law. (f) The health programs conducted by the following agencies are not affected by this section— (1) the Tennessee Valley Authority; (2) the Canal Zone Government; and (3) the Panama Canal Company. §7902. Safety programs (a) For the purpose of this section— (1) "employee" means an employee as defined by section 8101 of this title; and
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 531 (2) "agency" means an agency in any branch of the Govern- ment of the United States, including an instrumentality wholly owned by the United States, and the government of the District of Columbia. (b) The Secretary of Labor shall carry out a safety program under section 941 (b)(1) of title 33 covering the employment of each employee of an agency. (c) The President may— (1) establish by Executive order a safety council composed of representatives of the agencies to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and (2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies. (d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks. (e) Each agency shall— (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation. § 7903. Protective clothing and equipment Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. F o r the purpose of this section, "appropriations" includes funds made available by statute under section 849 of title 31. Subpart G—Insurance and Annuities CHAPTER 81—COMPENSATION FOR WORK INJURIES SUBCHAPTEE I—GENEEALLY Sec. 8101. Definitions. 8102. Compensation for disability or death of employee. 8103. Medical services and initial medical and other benefits. 8104. Vocational rehabilitation. 8105. Total disability. 8106. Partial disability. 8107. Compensation schedule. 8108. Reduction of compensation for subsequent injury to same member. 8109. Beneficiaries of awards unpaid at death; order of precedence. 8110. Augmented compensation for dependents. 8111. Additional compensation for services of attendants or vocational rehabili- tation. 8112. Maximum and minimum monthly payments. 8113. Increase or decrease of basic compensation. 8114. Computation of pay. 8115. Determination of wage-earning capacity. 8116. Limitations on right to receive compensation. 8117. Time of accrual of right. 8118. Election to use annual or sick leave, 8119. Notice of injury; failure to give. 8120. Report of injury. 8121. Claim. 8122. Time for making claim. 8123. Physical examinations. 8124. Findings and award.
532 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Sec. 8125. Misbehavior at proceedings. 8126. Subpenas; oaths; examination of witnesses. 8127. Representation; attorneys' fees. 8128. Review of award. 8129. Recovery of overpayments. 8130. Assignment of claim. 8131. Subrogation of the United States. 8132. Adjustment after recovery from a third person. 8133. Compensation in case of death. 8134. Funeral expenses; transportation of body. 8135. Lump-sum payment. 8136. Initial payments outside the United States. 8137. Compensation for noncitizens and nonresidents. 8138. Minimum limit modification for noncitizens and aliens, 8139. Employees of the District of Columbia. 8140. Members of the Reserve Officers' Training Corps. 8141. Civil Air Patrol volunteers. 8142. Peace Corps volunteers. 8143. Job Corps enroUees; volunteers in service to America. 8144. Student-employees. 8145. Administration. 8146. Administration for the Canal Zone and The Alaska Railroad. 8147. Employees' Compensation Fund. 8148. Reports. 8149. Regulations. 8150. Effect on other statutes. SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES Sec. 8171. Compensation for work injuries; generally. 8172. Employees not citizens or residents of the United States. 8173. Liability under this subchapter exclusive. SUBCHAPTER I—GENERALLY § 8101. Definitions For the purpose of this subchapter— (1) "employee" means— (A) a civil officer or employee in an^ branch of the Gov- ernment of the United States, including an officer or em- gloyee of an instrumentality wholly owned by the United tates; (B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wiscon- sin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; and ( E ) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of 3 use 102 note. August 25, 1958 (72 Stat. 838); but does not include— (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps of the Public Health Service on active duty;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 533 (iii) a commissioned officer of the Coast and Geodetic Survey; or (iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521-535 of title 4, District of Columbia Code; (2) "physician" includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law; (3) "medical, surgical, and hospital services and supplies" in- cludes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law; (4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under section 8113 of this title with respect to any period; (5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment; (6) "widow" means the wife living with or dependent for sup- port on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion; (7) "parent" includes stepparents and parents by adoption; (8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and step- sisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters; (9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children; (10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support; (11) "widower" means one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death; (12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death; (13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an in- dividual to whom this subchapter applies is serving; from— (A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual; (B) action of a hostile force or individual, including rebel- lion or insurrection against the United States or any of its allies;
534 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual; (D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or ( E ) the operation of vessels or aircraft in a zone of hostil- ities or engaged in war activities; (14) "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation— (A) engaged in a war against the United States or any of its allies; (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or (C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving; (15) "allies" means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance; and (16) "war activities" includes activities directly relating to mil- itary operations. § 8102. Compensation for disability or death of employee (a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is— (1) caused by willful misconduct of the employee; (2) caused by the employee's intention to bring about the injury or death of himself or of another; or (3) proximately caused by the intoxication of the injured employee. (b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the con- tinental United States or in Alaska or in the Canal Zone, is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual— (1) whose residence is at or in the vicinity of the place of his employmei;it and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or (2) who is a prisoner of war or a protected individual under 6 usT 3316. ^YiQ Geneva Conventions of 1949 and is detained or utilized by the United States. This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 535 § 8103. Medical services and initial medical and other benefits (a) The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and sup- plies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished— (1) whether or not disability has arisen; (2) notwithstanding that the employee has accepted or is en- titled to receive benefits under subchapter I I I of chapter 83 of this title; and (3) by or on the order of United States medical officers and hospitals, or, when this is not practicable, by or on the order of private physicians and hospitals designated or approved by the Secretary. The employee may be furnished transportation and may be paid all expenses incident to the securing of these services, appliances, and supplies which the Secretary considers necessary and reasonable. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund. (b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate. § 8104. Vocational rehabilitation The Secretary of Labor may direct a permanently disabled indi- vidual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Wel- fare in carrying out the purposes of chapter 4 of title 29, except to the extent that the Secretary of Labor provides for furnishing these services under section 8103 of this title. The cost of providing these services to individuals undergoing vocational rehabilitation under this section shall be paid from the Employees' Compensation Fund. How- ever, in reimbursing a State or corresponding agency under an ar- rangement pursuant to this section the cost to the agency reimbursable in full under section 32 (b) (1) of title 29 is excluded. § 8105. Total disability (a) If the disability is total, the United States shall pay the em- ployee during the disability monthly monetary compensation equal to 66% percent of his monthly pay, which is known as his basic com- pensation for total disability. (b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
536 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 8106. Partial disability (a) If the disability is partial, the United States shall pay the em- ployee during the disability monthly monetary compensation equal to 66% percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial dis- ability. (b) The Secretary of Labor may require a partially disabled em- ployee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report tlie value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who— (1) fails to make an affidavit or report when required; or (2) knowingly omits or understates any part of his earnings; forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 8129 of this title, unless recovery is waived under that section. (c) A partially disabled employee who— (1) refuses to seek suitable work; or (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him; is not entitled to compensation. § 8107. Compensation schedule (a) If there is a permanent disability involving— (1) solely the loss of use of a member or function of the body, Avhether or not the cause of the disability originates in a part of the body other than the member; or (2) disfigurement as provided by the schedule in subsection (c) of this section; the employee is entitled to basic compensation for the period specified by the schedule at the rate of 66% percent of his monthly pay. T i e basic compensation is— (A) in addition to compensation for temporary total or tem- porary partial disability; and (B) instead of compensation for permanent disability, except in a case involving disfigurement and as otherwise provided by subsection (b) of this section. (b) If an injury causes the total and permanent loss of use of an arm, a hand, a leg, a foot, or an eye, including loss of binocular vision, or total and permanent loss of hearing in both ears, whether or not the disability also involves other impairment of the body, the individ- ual is entitled— (1) for the period specified by the schedule in subsection (c) of this section, to basic compensation at the rate of 66% percent of his monthly pay; and (2) for a later period, to basic compensation as provided by— (A) section 8105 of this title if the disability is total; or (B) section 8106 of this title if the disability is partial. Tlie basic compensation is in addition to compensation for periods of temporary total or temporary partial disability, and is payable not- withstanding subsection (a) of this section and sections 8105 and 8106 of this title.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 537 (c) The compensation schedule is as follows: (1) Arm lost, 312 weeks' compensation. (2) Leg lost, 288 weeks' compensation. (3) Hand lost, 244 weeks'compensation. (4) Foot lost, 205 weeks' compensation. (5) Eye lost, 160 weeks' compensation. (6) Thumb lost, 75 weeks' compensation. (7) First finger lost, 46 weeks' compensation. (8) Great toe lost, 38 weeks' compensation. (9) Second finger lost, 30 weeks' compensation. (10) Third finger lost, 25 weeks' compensation. (11) Toe other than great toe lost, 16 weeks' compensation. (12) Fourth finger lost, 15 weeks' compensation. (13) Loss of hearing— (A) complete loss of hearing of one ear, 52 weeks' com- pensation; or (B) complete loss of hearing of both ears, 200 weeks' com- X^ensation. (14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye. (15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit. (16) If, in the case of an arm or a leg, the member is ampu- tated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively. (17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby. (18) Compensation for permanent total loss of use of a member is the same as for loss of the member. (19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is de- termined without regard to correction. (20) I n case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, para- graph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears. (21) F o r serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or main- taining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compen- sation payable under this schedule.
538 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 8108. Reduction of compensation for subsequent injury to same member The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if— (1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability. In such a case, for the purposes of disabilities specified by section 8107(b) of this title, compensation for disability continuing after tlu scheduled period starts on expiration of that period as reduced under this section. § 8109. Beneficiaries of awards unpaid at death; order of prece- dence (a) If an individual— (1) has sustained disability compensable under section 8107 (a) of this title, including a disability compensable under the sched- ule in section 8107(c) of this title because of section 8107(b) of this title; (2) has filed a valid claim in his lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid— (A) under an award made before or after the death; (B) for the period specified by the schedule; (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and (D) in the following order of precedence: (i) If there is no child, to the widow or widower. (ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children. (iii) If there is no widow or widower, to the child or children. (iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by section 8133(a)(5) of this title, or to both in proportions provided by regulation, (V) If there is no survivor in the above classes and no burial allowance is payable under section 8134 of this title, an amount not exceeding that which would be expendable un- der section 8134 of this title if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled. (b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability speci-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 539 fied by section 8107(a) of this title even if at the time of death the individual was entitled to the augmented rate specified by section 8110 of this title. (c) A surviving beneficiary under subsection (a) of this section, ex- cept one under subsection (a) (D) ( v ) , does not have a vested right to payment and must be alive to receive payment. (d) A beneficiary under subsection (a) of this section, except one under subsection ( a ) ( D ) ( v ) , ceases to be entitled to payment on the happening of an event which would terminate his right to com- pensation for death under section 8133 of this title. When that en- titlement ceases, compensation remaining unpaid under subsection (a) of this section is payable to the surviving beneficiary in accordance with subsection (a) of this section. § 8110. Augmented compensation for dependents (a) For tlie purpose of this section, "dependent" means— (1) a wife, if— (A) she is a member of the same household as the em- ployee; (B) she is receiving regular contributions from the em- ployee for her support; or (C) the employee has been ordered by a court to contribute to her support; (2) a husband, if wholly dependent on the employee for sup- port because of his own j)hysical or mental disability; (3) an unmarried child, while living with the employee or re- ceiving regular contributions from the employee toward his sup- port, and who is— (A) under 18 years of age; or (B) over 18 years of age and incapable of self-support because of physical or mental disability; and (4) a parent, while wholly dependent on and supported by the employee. (b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented— (1) at the rate of Sy^ percent of his monthly pay if that com- pensation is payable under section 8105 or 8107(a) of this title including compensation payable under the schedule in section 8107(c) by virtue of section 8107(b) of this title; and (2) at the rate of 8l^ percent of the difference between his monthly pay and his monthly wage-earning capacity if that com- pensation is payable under section 8106(a) of this title. However, for a period of temporary total disability the augmentation of basic compensation for disability payable under section 8105 of this title is limited to that part of the monthly pay of the employee which is not in excess of $420. § 8111. Additional compensation for services of attendants or vo- cational rehabilitation (a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $125 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or IS paralyzed and unable to walk, or because of other disability re- sulting from the injury making him so helpless as to require constant attendance.
540 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (b) The Secretary may pay an individual undergoing vocational rehabilitation under section 8104 of this title additional compensation necessary for his maintenance, but not to exceed $100 a month. § 8112. Maximum and minimum monthly payments Except as provided by section 8138 of this title, the monthly rate of compensation for disability, including augmented compensation un- der section 8110 of this title but not including additional compensa- tion under section 8111 of this title, may not exceed $525 a month, and in case of total disability may not be less than $180 a month or the amount of the monthly pay of the employee, whichever is less. § 8113. Increase or decrease of basic compensation (a) If an individual— (1) was a minor or employed in a learner's capacity at the time of injury; and (2) was not physically or mentally handicapped before the the Secretary of Labor, on review under section 8128 of this title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute pros- pectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable in- creased wage-earning capacity. (b) The Secretary, on review under section 8128 of this title after a disabled employee becomes 70 years of age and his wage-earning capacity would probably have decreased because of old age aside from and independently of the effects of the injury, shall recompute pros- pectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable de- creased wage-earning capacity. (c) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under section 8104 of this title, the Secretary, on review under section 8128 of this title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially in- creased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his wage-earning capacity in the absence of the failure, until the indi- vidual in good faith complies with the direction of the Secretary, § 8114. Computation of pay (a) For the purpose of this section— (1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and (2) "year" means a period of 12 calendar months, or the equiva- lent thereof as specified by regulations prescribed by the Sec- retary of Labor. (b) I n computing monetary compensation for disability or death on the basis of monthly pay, tliat pay is determined under this section. (c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earn- ings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of com- pensable disability, the compensation, in the discretion of the Secre-
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 541 tary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury, (d) Average annual earnings are determined as follows: (1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the em- ployment was in a position for which an annual rate of pay— (A) was fixed, the average annual earnings are the annual rate of pay; or (B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the par- ticular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5i/^-day week, and 260 if employed on the basis of a r)-dny week. (2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the posi- tion was one which would have afforded employment for substan- tially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under para- graph (1) of this subsection. (3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably repre- sents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Fed- eral employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the em- ployment during the days employed within 1 year immediately preceding his injury. (4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS-15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year. (e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, is included as part of the pay, but account is not taken of— (1) overtime pay; (2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or (3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war. 65-300 0-67—37
542 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. § 8115. Determination of wage-earning capacity (a) I n determining compensation for partial disability, except per- manent partial disability compensable under sections 8107-8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as ap- pears reasonable under the circumstances is determined with due re- gard to— (1) the nature of his injury; (2) the degree of physical impairment; (3) his usual employment; (4) his age; (5) his qualifications for other employment; (6) the availability of suitable employment; and (7) other factors or circumstances which may affect his wage- earning capacity in his disabled condition. (b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability. § 8116. Limitations on right to receive compensation (a) While an employee is receiving compensation under this sub- chapter, or if he has been paid a lump sum in commutation of install- ment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except— (1) in return for service actually performed; and (2) pension for service in the Army, Navy, or Air Force. However, eligibility for or receipt of benefits under subchapter I I I of chapter 83 of this title does not impair the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title. (b) An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Sec- retary of Labor. The election when made is irrevocable, except as otherwise provided by statute. (c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's com- pensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 543 § 8117. Time of accrual of right An employee is not entitled to compensation for the first 3 days of temporary disability, except— (1) when the disability exceeds 21 days; (2) when the disability is followed by permanent disability; or (3) as provided by sections 8103 and 8104 of this title. § 8118. Election to use annual or sick leave An employee may use annual or sick leave to his credit at the time disability begins, but his compensation for disability does not begin, and the time periods specified by section 8117 of this title do not begin to run, until the use of the annual or sick leave ends. § 8119. Notice of injury; failure to give (a) An employee injured in the performance of his duty, or some- one on his behalf, shall give notice thereof. The notice shall— (1) be given within 48 hours after the injury; (2) be given to the immediate superior of the employee by per- sonal delivery or by depositing it m the mail properly stamped and addressed; (3) be in writing; (4) state the name and address of the employee; (5) state the year, month, day, and hour when and the particu- lar locality where the injury occurred; (6) state the cause and nature of the injury; and (7) be signed by and contain the address of the individual giv- ing the notice. (b) Compensation may be allowed only if the notice is given within 48 hours after the injury or if the immediate superior of the employee has actual knowledge of the injury. However, the Secretary of Labor may allow compensation if— (1) the notice is filed within 1 year after the injury and reasonable cause for the delay is shown; or (2) the requirement for 48 hours' notice is waived under sec- tion 8122 of this title. § 8120. Report of injury Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may— (1) prescribe the information that the report shall contain; (2) require the immediate superior to make supplemental re- ports; and (3) obtain such additional reports and information from em- ployees as are agreed on by the Secretary and the head of the employing agency. § 8121. Claim Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall— (1) be made in writing within the time specified by section 8122 of this title; (2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
544 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (3) be on a form furnished by the Secretary; (4) contain all information required by the Secretary; (5) be sworn to by the individual entitled to compensation or someone on his behalf; and (6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability. The Secretary may waive paragraphs ( 3 ) - ( 6 ) of this section for reasonable cause shown. § 8122. Time for making claim (a) An original claim for compensation— (1) for death shall be made within 1 year after the death; and (2) for disability shall be made within 60 days after the in- jury. However, the Secretary of Labor may allow an original claim for disability to be made within 1 year after the injury for reasonable cause shown. (b) In a case of latent disability due to radiation or other cause, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. I n such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability. (c) The Secretary may waive compliance with the requirements of this subchapter for giving notice of injury and for filing claim for compensation for disability or death if— (1) a claim is filed within 5 years after the injury or death; and (2) the Secretary finds— (A) that the failure to comply was due to circumstances beyond the control of the individual claiming benefits; or (B) that the individual claiming benefits has shown suffi- cient cause or reason in explanation of, and material prejudice to the interest of the United States has not resulted from, the failure. § 8123. Physical examinations (a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the em- ployee, tlie Secretary shall appoint a third physician who shall make an examination. (b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employ- ees' Compensation Fund.
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 545 (c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when au- thorized or approved by the Secretary, are paid from the Employees' Compensation Fund. (d) If an employee refuses to submit to or obstructs an examina- tion, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee. § 8124. Findings and award The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after— (1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and (2) completing such investigation as he considers necessary. § 8125. Misbehavior at proceedings If an individual— (1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his rep- resentative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct i t ; the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts com- plained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court. § 8126. Subpenas; oaths; examination of witnesses The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may— (1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles; (2) administer oaths; (3) examine witnesses; and (4) require the production of books, papers, documents, and other evidence. § 8127. Representation; attorneys* fees (a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor. (b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary. § 8128. Review of award' (a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on applica- tion. The Secretary, in accordance with the facts found on review, may—
546 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (1) end, decrease, or increase the compensation previously awarded; or (2) award compensation previously refused or discontinued, (b) The action of the Secretary or his designee in allowing or deny- ing a payment under this subchapter is— (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the United States or by a court by mandamus or otherwise. Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action. § 8129. Recovery of overpayments (a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by de- creasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this sub- chapter with respect to the individual's deatli. (b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is with- out fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. (c) A certifying or disbursing official is not liable for an amount certified or paid by him when— (1) adjustment or recovery of the amount is waived under subsection (b) of this section; or (2) adjustment under subsection (a) of this section is not com- pleted before the death of all individuals against whose benefits deductions are authorized. § 8130. Assignment of claim An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors. § 8131. Subrogation of the United States (a) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal lia- bility on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to— (1) / assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that lia- bility; or (2) prosecute the action in his own name. An employee required to appear as a party or witness in the prosecu- tion of such an action is in an active duty status while so engaged. (b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter. (c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of compensation al- ready paid to the beneficiary and the expense of realization or collec- tion. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 547 (d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation— (1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Com- pany; or (2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the lia- bility of the Panama Canal Company. § 8132. Adjustment after recovery from a third person If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a benefi- ciary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that lia- bility as a result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reason- able attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injuiy. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensa- tion payable to him by the United States for the same injury. § 8133. Compensation in case of death (a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) To the widow or widower, if there is no child, 45 percent. (2) To the widow or widower, if there is a child, 40 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children. (3) To the children, if there is no widow or widower, 35 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike. (4) To the parents, if there is no widow, widower, or child, as follows— (A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not depend- ent to any extent; (B) 20 percent to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Secre- tary of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent. (5) To the brothels, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows— (A) 20 percent if one was wholly dependent on the employee at the time of death;
548 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or (C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total per- centages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent. (b) The compensation payable under subsection (a) of this section is paid from the time of death until— (1) a widow dies or remarries; (2) a widower dies or remarries or becomes capable of self- support ; (3) a child, a brother, a sister, or a grandchild dies or marries or becomes 18 years of age, or if over age 18 and incapable of self- support becomes capable of self-support; or (4) a parent or grandparent dies or marries or ceases to be dependent. (c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individ- uals entitled to compensation for the unexpired p a r t of the period dur- ing which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compen- sation at the time of the death of the employee. (d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compen- sation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case. (e) The monthly pay for computing compensation under this sec- tion is deemed at least $240, but the total monthly compensation may not exceed the monthly pay computed under section 8114 of this title or $525, whichever is less. § 8134. Funeral expenses; transportation of body (a) If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor. (b) The body of an employee whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the Employees' Compensation F u n d if— (1) the employee dies from— (A) the injury while away from his home or official station or outside the United States; or (B) from other causes while away from his home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and (2) the relatives of the employee request the return of his body. If the relatives do not request the return of the body of the employee, the Secretary may provide for its disposition and incur and pay from the Employees' Compensation F u n d the necessary and reasonable transportation, funeral, and burial expenses. § 8135. Lump-sum payment The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial dis- ability may be discharged by a lump-sum payment equal to the present
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 549 value of all future payments of compensation computed at 4 percent true discount compounded annually if— (1) the monthly payment to the beneficiary is less than $5 a month; (2) the beneficiary is or is about to become a nonresident of the United States; or (3) the Secretary of Labor determines that it is for the best interest of the beneficiary. The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality, but the limip-sum payment to a widow or widower of the deceased em- ployee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or dura- tion of compensation shall be disregarded. § 8136. Initial payments outside the United States If an employee is injured outside the continental LTnited States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this sub- chapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury occurred. § 8137. Compensation for noncitizens and nonresidents (a) When the Secretary of Labor finds that the amount of com- pensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for dis- ability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of iijjury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by— (1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen's compensation pro- visions or other local statute, regulation, or custom applicable in cases of personal injury or death; or (2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places. Irrespective of the basis adopted, the Secretary may at any time— (A) modify or limit the maximum monthly and total aggre- gate payments for injury, death, and medical or other benefits; (B) modify or limit the percentages of the wage of the em- ployee payable as compensation for the injury or death; and (C) modify, limit, or redesignate the class or classes of bene- ficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of bene- ficiaries otherwise specified by this subchapter. (b) In a case under this section, the Secretary or his designee may— (1) make a lump-sum award in the manner prescribed by sec- tion 8135 of this title when he or his designee considers it to be for the best interest of the United States; and (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.
550 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Compensation paid under this subsection is instead of all other com- pensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death. (c) The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he con- siders advisable, authority to process, adjudicate, commute by lump- sum award, compromise, and pay a claim or class of claims for com- pensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter. (d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that— (1) conditions prevent the establishment of facilities for proc- essing and adjudicating claims under this section; or (2) claimants under this section are alien enemies. (e) The Secretary may applv this section retrospectively with ad- justment of compensation and oenefits as he considers necessary and j)roper. § 8138. Minimum limit modification for noncitizens and aliens (a) Except as provided by subsection (b) of this section, the mini- mum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title do not apply in the case of a noncitizen employee, or a class or classes of noncitizen employees, who sustain injury outside the continental United States. The Secretary of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such noncitizen employees. (b) The President may remove or modify the minimum limit on monthly compensation for disability under section 8112 of this title and the minimum limit on monthly pay on which death compensation is computed under section 8133 of this title in the case of an alien em- ployee, or a class or classes of alien employees, of the Canal Zone Gov- ernment or the Panama Canal Company. § 8139. Employees of the District of Columbia Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia. § 8140. Members of the Reserve Officers* Training Corps (a) Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers' Training Corps of the Army, Navy, or Air Force who suffers disability or death from an injury incurred in line of duty— (1) while engaged in a flight or in flight instruction under chapter 103 of title 10; or (2) while performing authorized travel to or from, or while attending, field training or a practice cruise under chapter 103 of title 10.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 551 (b) For the purpose of this section, an injury is incurred in line of duty only if it is the proximate result of the performance of mili- tary training by the member concerned, or of his travel to or from that training, during the periods specified by subsection (a) (2) of this section. A member or applicant for membership who contracts a disease or illness which is the proximate result of the performance of training during the periods specified by subsection (a) (2) of this section is considered for the purpose of this section to have been in- jured in line of duty during that period. Subject to review by the Secretary of Labor, the Secretary of the military department con- cerned, under regulations prescribed by him, shall determine whether or not an injury, disease, or illness was incurred or contracted in line of duty and was the proximate result of the performance of military training by the member concerned or of his travel to or from that military training. (c) In computing the compensation payable under this section, tiie monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150. (d) The Secretary of the military department concerned shall co- operate fully with the Department of Labor in the prompt investiga- tion and prosecution of a case involving the legal liability of a third party other than the United States. (e) An individual may not receive disability benefits under this section while on active duty with the armed forces, but these benefits may be reinstated when the individual is released from that active duty. (f) Expenses incurred by a military department in providing hos- pitalization, medical and surgical care, necessary transportation inci- dent to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual cov- ered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees' Compensation Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual while attending field training or a practice cruise under chapter 103 of title 10. § 8141. Civil Air Patrol volunteers. (a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet. (b) In administering this subchapter for a member of the Civil Air Patrol covered by this section— (1) the monthly pay of a member is deemed $300 for the pur- pose of computing compensation for disability or death; (2) the percentages applicable to payments under section 8133 of this title are— (A) 45 percent for section 8133(a) (2) of this title, if the member dies fully or currently insured under subchapter I I of chapter 7 of title 42, with no additional payments for a child or children while the widow" or widower remains eligible for payments under section 8133(a) (2) of this title; (B) 20 percent for section 8133(a)(3) of this title for one child and 10 percent additional for each additional child, but not to exceed a total of 75 percent, if the member died fully or currently insured under subchapter I I of chapter 7 of title 42; and
552 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (C) 25 percent for section 8133(a) (4) of this title, if one parent was wholly dependent on the deceased member at the time of his death and the other was not dependent to any extent; 16 percent to each,, if both were wholly dependent; and if one was or both were partly dependent, a proportion- ate amount in the discretion of the Secretary of Labor; (3) a payment may not be made under section 8133(a) (5) of this title; (4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or sup- j)ort of operational missions of the Civil Air Patrol under direc- tion of the Department of the Air Force and under written authorization by competent authority covering a specific assign- ment and prescribing a time limit for the assignment; and (5) the Secretary of Labor or his designee shall inform the Secretary of Health, Education, and Welfare when a claim is filed and eligibility for compensation is established under section 8133(a) (2) or (3) of this title, and the Secretary of Health, Edu- cation, and Welfare shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter I I of chapter 7 of title 42 at the time of his death. (c) The Secretary of Labor or his designee may inform the Secre- tary of the Air Force or his designee when a claim is filed. The Sec- retary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from serv- ice, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by section 8120 of this title, or other reports agreed on under that section. § 8142. Peace Corps volunteers (a) For the purpose of this section, "volunteer" means— (1) a volunteer enrolled in the Peace Corps under section 2504 of title 22; (2) a volunteer leader enrolled in the Peace Corps under section 2505of title 22; and (3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under section 2507 (a) of title 22 before enrollment. (b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of h's service as a volunteer. (c) For the purpose of this subchapter— (1) a volunteer is deemed receiving monthly pay at the mini- mum rate for G S - 7 ; (2) a volunteer leader referred to by section 2505 of title 22 is deemed receiving monthly pay at the minimum rate for GS—11; (3) an injury suffered by a volunteer when he is outside the several States, territories and possessions of the United States, and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is— (A) caused by willful misconduct of the volunteer; (B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 553 (C) proximately caused by the intoxication of the injured volunteer; and (4) the period of service of an individual as a volunteer in- cludes— (A) any period of training under section 2507(a) of title 22 before enrollment as a volunteer; and (B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation. §8143. Job Corps enrollees; volunteers in service to America (a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps under sections 2711-2720 of title 42, except that compensation for disability does not begin to accrue until the day after the date of termination of his enrollment as an enrollee. I n administering this subchapter for an enrollee covered by this subsection— (1) the monthly pay of an enrollee is deemed $150 for the purpose of computing compensation for disability or death, ex- cept that with respect to compensation for disability accruing after the individual concerned becomes 21 years of age the monthly pay is deemed to be that received at the minimum rate forGS-2; (2) section 8113(a), (b) of this title applies to an enrollee; and (3) "performance of duty" does not include an act of an en- rollee while— (A) on authorized leave or pass; or (B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direc- tion or supervision of the Job Corps. (b) This subchapter applies to a volunteer in service to America during training and a volunteer in service to America assigned under section 2943(a) (2) of title 42 to the same extent as enrollees of the Job Corps under subsection (a) of this section. § 8144. Student-employees A student-employee as defined by section 5351 of this title who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the perform- ance of duty. §8145. Administration The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. H e may— (1) appoint employees to administer this subchapter; and (2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter. § 8146. Administration for the Canal Zone and The Alaska Railroad (a) The President, from time to time, may transfer the administra- tion of this subchapter— (1) so far as employees of the Canal Zone Government and of the Panama Canal Company are concerned to the Governor of the Canal Zone; and (2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
554 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under section 8123 of this title shall be paid from appropria- tions for the Canal Zone Government or for The Alaska Railroad or from funds of the Panama Canal Company, as the case may be, instead of from the Employees' Compensation Fund. The President may authorize the Governor of the Canal Zone and the general man- ager of The Alaska Railroad to pay the compensation provided by this subchapter, including medical, surgical, and hospital services and supplies under section 8103 of this title and the transportation and burial expenses under sections 8103 and 8134 of this title, from appro- priations for the Canal Zone Government and for The Alaska Rail- road, and these appropriations shall be reimbursed for the payments by transfer of funds from the Employees' Compensation Fund. (c) The President may authorize the Governor of the Canal Zone to waive, at his discretion, the making of the claim required by section 8121 of this title in the case of compensation to an employee of the Canal Zone Government or of the Panama Canal Company for tem- porary disability, either total or partial. (d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secre- tary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Rail- road to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review m a j proceed under section 8128 of this title. The Secretary shall provide the form and manner of taking an appeal. (e) The same right of appeal exists with respect to claims filed by employees of the Canal Zone Government and of the Panama Canal Company or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under section 8149 of this title. The Employees' Compensa- tion Appeals Board referred to by section 8149 of this title has juris- diction, under regulations prescribed by the Secretary, over appeals relating to claims of the employees or their dependents. § 8147. Employees' Compensation Fund (a) There is in the Treasury of the United States the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that other- wise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, author- ized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secre- tary of Labor shall submit annually to the Bureau of the Budget esti- mates of appropriations necessary for the maintenance of the Fund. (b) Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an em- ployee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement show- ing the total cost of benefits and other payments made from the Em- ployees' Compensation Fund during the preceding fiscal year on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and in- strumentality shall include in its annual budget estimates for the next
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 555 fiscal year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality. (c) In addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, a mixed ownership corporation as defined by section 856 of title 31, or any other corporation or agency or instrumentality (or activity thereof) which is required by statute to submit an annual budget pursuant to or as provided by sections 841-869 of title 31, shall pay an additional amount for its fair share of the cost of administration of this sub- chapter as determined by the Secretary. With respect to these corpo- rations, agencies, and instrumentalities, the charges billed by the Secretary under this section shall include an additional amount for these costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner otherwise provided by this section. §8148. Reports The Secretary of Labor shall report to Congress at the beginning of each regular session on the work for the preceding fiscal year under this subchapter. The report shall include— (1) a detailed statement of appropriations and expenditures; (2) a detailed statement showing receipts of and expenditures from the Employees' Compensation F u n d ; and (3) his recommendations for legislation. §8149. Regulations The Secretary of Labor may prescribe rules and regulations neces- sary for the administration and enforcement of this subchapter. The rules and regulations shall provide for an Employees' Compensation Appeals Board of three individuals designated or appointed by the Secretary with authority to hear and, subject to applicable law and the rules and regulations of the Secretary, make final decisions on appeals taken from determinations and awards with respect to claims of employees. § 8150. Effect on other statutes (a) This subchapter does not affect the maritime rights and rem- edies of a master or member of the crew of a vessel. (b) Section 8141 of this title and section 9441 of title 10 do not confer military or veteran status on any individual. SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES § 8171. Compensation for work injuries; generally (a) Chapter 18 of title 33 applies with respect to disability or death resulting from injury, as defined by section 902 (2) of title 33, occurring to an employee of a nonappropriated fund instrumentality described by section 2105 (c) of this title who is— (1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
556 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (2) employed inside the continental United States. However, that p a r t of section 903(a) of title 33 which follows the first comma does not apply to such an employee. (b) F o r the purpose of this subchapter, the term "employer" in sec- tion 902(4) of title 33 includes the nonappropriated fund instrumen- talities described by section 2105(c) of this title. (c) The Secretary of Labor may— (1) extend compensation districts established under section 939 (b) of title 33, or establish new districts to include the areas out- side the continental United States; and (2) assign to each district one or more deputy commissioners as the Secretary considers advisable. (d) Judicial proceedings under sections 918 and 921 of title 33 with respect to an injury or death occurring outside the continental United States shall be instituted in the district court within the territorial jurisdiction of which is located the office of the deputy commissioner having jurisdiction with respect to the injury or death. § 8172. Employees not citizens or residents of the United States I n case of disability or death resulting from injury, as defined by section 902(2) of title 33, occurring to an employee of a nonappropri- ated fund instrumentality described by section 2105(c) of this title who is— (1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and (2) employed outside the continental United States; compensation shall be provided in accordance with regulations pre- scribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of the Treasury, as the case may be. § 8173. Liability under this subchapter exclusive The liability of the United States or of a nonappropriated fund instrumentality described by section 2105(c) of this title, with respect to the disability or death resulting from injury, as defined by section 902(2) of title 33, of an employee referred to by sections 8171 and 8172 of this title, shall be determined as provided by this subchapter. This liability is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal rep- resentative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the disability or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. CHAPTER 83—RETIREMENT SUBCHAPTER I—GENERAL PROVISIONS Sec. 8301. Uniform retirement date. SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY Sec. 8311. Definitions. 8312. Conviction of certain offenses. 8313. Absence from the United States to avoid prosecution. 8314. Refusal to testify.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 557 Sec. 8315. Falsifying employment applications. 8316. Refund of contributions and deposits. 8317. Repayment of annuity or retired pay properly paid; waiver. 8318. Restoration of annuity or retired pay. 8319. Removal of members of the uniformed services from rolls; restoration; reappointment. 8320. Offense or violation committed in compliance with orders. 8321. Liability of accountable employees. 8322. Effect on other statutes. SUBCHAPTER III—CIVIL SERVICE RETIREMENT Sec. 8331. Definitions. 8332. Creditable service. 8333. Eligibility for annuity. 8334. Deductions, contributions, and deposits. 8335. Mandatory separation. 8336. Immediate retirement. 8337. Disability retirement. 8338. Deferred retirement. 8339. Computation of annuity. 8340. Cost-of-living adjustment of annuities. 8341. Survivor annuities. 8342. Lump-sum benefits; designation of beneficiary; order of precedence. 8343. Additional annuities; voluntary contributions. 8344. Annuities and pay on reemployment. 8345. Payment of benefits; commencement, termination, and waiver of annuity. 8346. Exemption from legal process; recovery of payments. 8347. Administration; regulations. 8348. Civil Service Retirement and Disability Fund. SUBCHAPTER I—GENERAL PROVISIONS § 8301. Uniform retirement date (a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is eflfective on the first day of the month following the month in which retirement would otherwise be effective. (b) Notwithstanding subsection (a) of this section, the rate of ac- tive or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section. SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY §8311. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (BJ a Member of Congress as defined by section 2106 of this title and a Delegate to Congress; (C) a member or former member of a uniformed service; and (D) an individual employed by the government of the District of Columbia; (2) "annuity" means a retirement benefit, including a dis- ability insurance benefit and a dependent's or survivor's benefit under subchapter I I of chapter 7 of title 42, and a monthly annuity under section 228b or 228e of title 45, payable by an agency of the Government of the United States or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee 65-300 0-67—38
558 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include— (A) a benefit j)rovided under statutes administered by the Veterans' Administration; (B) pay or compensation which may not be diminished under section 1 of Article I I I of the Constitution of the United States; (C) that portion of a benefit payable under subchapter I I of chapter 7 of title 42 which would be payable without tak- ing into account, for any of the purposes of that subchapter, including determinations of periods of disability under sec- tion 416 (i) of title 42, pay for services as an employee; (D) monthly annuity awarded under section 228b or 228e of title 45 before September 26j 1961, whether or not com- puted under section 228c (e) of title 45; (E) that portion of an annuity awarded under section 228b or 228e of title 45 after September 25,1961, which would be payable without taking into account military service credit- able under section 228c-l of title 45; ( F ) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under sub- chapter I I of chapter 7 of title 42, awarded before Sep- tember 1,1954, to an individual or his survivor or beneficiary, insofar as the individual, before September 1,1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8314 or 8315(a) (1) of this title; or (G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under sub- chapter I I of chapter 7 of title 42, awarded before September 26,1961, to an individual or his survivor or beneficiary, inso- far as the individual, before September 26,1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315(a)(2) of this title; and (3)' "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), but does not include— (A) a benefit provided under statutes administered by the Veterans' Administration; (B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1,1954, to an individual, inso- far as the individual, before September 1,1954— (i) was convicted of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8B14 or 8315(a) (1) of this title; (C) retired pay, retirement pay, retainer pay, or equivalent
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 559 pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961— (i) was convicted of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; or (ii) violated section 8315 (a) (2) of this title; or (D) an annuity payable to an eligible beneficiary of an individual under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before Septem- ber 26, 1961, insofar as the individual, on the basis of whose service the annuity was awarded, before September 26,1961— (i) was convicted of an offense named by section 8312 of this title, to the extent provided by that section; or (ii) violated section 8314 or 8315 of this title. § 8312. Conviction of certain offenses (a]) An individual, or his survivor or beneficiary, mav not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311 (2) and (3) of this title, if the individual— (1) was convicted, before, on, or after September 1,1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or (2) was convicted, before, on, or after September 26,1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection. The prohibition on payment of annuity or retired pay applies— (A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1,1954, whichever is later; and (B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after Sep- tember 26,1961, whichever is later. (b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1,1954: (1) An offense within the purview of— (A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of chapter 37 (relating to espionage and censorship) of title 18; (B) chapter 105 (relating to sabotage) of title 18; (C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of chapter 115 (relating to treason, sedition, and subversive activities) of title 18; (D) section 10(b) (2), (3), or (4) of the Atomic Energy Act of 1946 (60 Stat. 766, 767), as in effect before August 30,1954;
560 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. ( E ) section 16(a) or (b) of the Atomic Energy Act of 1946 (60 Stat. 773), as in effect before August 30,1954, inso- far as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation; or ( F ) an earlier statute on which a statute named by sub- paragraph ( A ) , ( B ) , o r (C) of this paragraph (1) is based. (2) An offense within the purview of— (A) article 104 (aiding the enemy) or article 106 (spies) of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which article 104 or article 106, as the case may be, is based; or (B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dis- honorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. (3) Perjury committed under the statutes of the United States or the District of Columbia— (A) in falsely denying the commission of an act which constitutes an offense within the purview of— (i) a statute named by paragraph (1) of this subsec- tion; or (ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A^ of this subsection; (B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or (C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the con- gressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States, (4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection. (c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961: (1) An offense within the purview of— (A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of chapter 23 of title 42) of title 42 insofar as the offense is committed with intent to injure the United States or with intent to secure an advantage to a foreign nation;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 561 (B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with re- stricted data) of title 42; or (C) section 783 (conspiracy and communication or receipt of classified information), 822 (conspiracy or evasion of ap- prehension during internal security emergency), or 823 (aid- ing evasion of apprehension during internal security emer- gency) of title 50. (2) An offense within the purview of a current article of the Uniform Code of Military Justice (chapter 47 of title 10) or an earlier article on which the current article is based, as the case may be, on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. (3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection. (4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection. § 8313. Absence from the United States to avoid prosecution (a) A n individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311 (2) and (3) of this title, if the individual— (1) is under indictment, or has outstanding against-him charges preferred under the Uniform Code of Military Justice— (A) after July 31, 1956, for an offense named by section 8312(b) of this title; or (B) after September 26, 1961, for an offense named by section 8312(c) of this title; and (2) willfully remains outside the United States, or its terri- tories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until— (1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (2) the individual returns and thereafter the indictment or charges is or are dismissed; or (3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. § 8314. Refusal to testify (a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311 (2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or know- ingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an em-
562 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. ployee, before a Federal grand jury, court of the United States, court- martial, or congressional committee, in a proceeding concerning— (1) his past or present relationship with a foreign government; or (2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States. (b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1,1954, which- ever is later. § 8315. Falsifying employment applications (a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311 (2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudu- lent statement or representation, or knowingly and willfully concealed or conceals a material fact— (1) before, on, or after September 1,1954, concerning his— (A) past or present membership in, affiliation or associa- tion with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating— (i) the overthrow, by force, violence, or other uncon- stitutional means, of the Government of the United States; (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dic- tatorship in the United States; or (iii) the right to strike against the United States; (B) conviction of an offense named by subsection (b) of section 8312 of this title, to the extent provided by that subsection; or (C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section 8314 of this title; or (2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of section 8312 of this title, to the extent provided by that subsection; in a document executed by the individual in connection with his em- ployment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Gov- ernment of the United States or the government of the District of Columbia. (b) The prohibition on the payment of annuity or retired pay applies— (1) with respect to matters specified by subsection (a) (1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1,1954, whichever is later; and (2) with respect to matters specified by subsection (a) (2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26,1961, whichever is later.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 563 § 8316. Refund of contributions and deposits (a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section 8312 of this title, to the extent provided by that section, or violated section 8314 or 8315 of this title— (1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amoimt previously re- funded or paid as annuity benefits; and (2) deposits made under section 1438 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits; shall be refunded, on appropriate application therefor— (A) to the individual; (B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or (C) if a beneficiary is not designated, in the order of precedence prescribed by section 8342(c) of this title or section 2771 of title 10, as the case may be. (b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed— (1) if the individual was convicted of an offense named by sec- tion 8312(b) of this title, or violated section 8314 or 8315(a) (1) of this title, for the period after the conviction or commission of the violation, or after September 1,1954, whichever is later; or (2) if the individual was convicted of an offense named by sec- tion 8312(c) of this title, or violated section 8315(a) (2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later. §8317. Repayment of annuity or retired pay properly paid; waiver (a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individ- ual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contri- butions of the individual toward the annuity, with applicable interest. (b) An individual, including an eligible beneficiary under chapter 73 of title 10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504), to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter. § 8318. Restoration of annuity or retired pay (a) If an individual who was convicted, before, on, or after Septem- ber 1, 1954, of— (1) an offense named by section 8312 of this title; or (2) an offense constituting a violation of section 8314 or 8315 of this title; is pardoned by the President, the right of the individual and his sur- vivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
564 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. (b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary. (c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before— (1) the date of pardon referred to by subsection (a) of this section; or (2) the effective date of restoration referred to by subsec- tion (b) of this section. (d) Credit for a period of service covered by a refund under section 8316 of this title is allowed only after the amount refunded has been redeposited. § 8319. Removal of members of the uniformed services from rolls; restoration; reappointment (a) The President may drop from the rolls a member of a uni- formed service who is deprived of retired pay under this subchapter. (b) The President may restore— (1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under sec- 5 u s e 228 1 tion 2 of the Act of September 26,1961 (75 Stat. 648) ; and note. (2) all rights and privileges to the individual and his bene- ficiaries of which he or they were deprived because his name was dropped from the rolls. (c) If the individual restored was a commissioned officer, the Presi- dent alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls. § 8320. Offense or violation committed in compliance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by section 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive annuity or retired pay may not be denied. § 8321. Liability of accountable employees An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. § 8322. Effect on other statutes This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. SUBCHAPTEK III—CIVIL SERVICE RETIREMENT §8331. Definitions For the purpose of this subchapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol and an employee of the Architect of the Capitol;
80 STAT. ] PUBLIC LAW89-554-SEPT. 6, 1966 565 (C) a Congressional employee as defined by section 2107 of this title (except the Architect of the Capitol and an em- ployee of the Architect of the Capitol^, after he gives notice in writing to the oflEicial by whom he is paid of his desire to come within the purview of this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter; ( E ) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31,1954; ( F ) an individual employed by a county committee estab- lished under section 590h(b) of title 16; (G) an individual employed by the government of the District of Columbia; ( H ) an individual employed by Gallaudet College; and (I) an individual appointed to a position on the office staff of a former President under section 1 (b) of the Act of August 25,1958 (72 Stat. 838); 3 u s e 102 note. but does not include— (i) a justice or judge of the United States as defined by section 451 of title 28; (ii) an employee subject to another retirement system for Government employees; (iii) an employee or group of employees in or under an Executive agency excluded by the Civil Service Commission under section 8347(g) of this title; (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Commission under section 8347 (h) of this title; (v) a temporary employee of the Administrative Office of the United States Courts or of a court named by section 610 of title 28; (vi) a construction employee or other temporary, part- time, or intermittent employee of the Tennessee Valley Authority; (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under sec- tion 8347(i) of this title; (viii) an employee under the Library of Congress excluded by the Librarian of Congress under section 8347(j) of this title; or (ix) a student-employee as defined by section 5351 of this title. Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the pre- ceding sentence, "teacher" and "teaching position" have the meanings given them by section 901 of title 20; (2) "Member" means a Member of Congress as defined by sec- tion 2106 of this title, and a Delegate to Congress, after he gives notice in writing to the official by whom he is paid of his desire to come within the purview of this subchapter;
566 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (3) "basic pay" includes— (A) the amount a Member received from April 1, 1954, to February 28,1955, as expense allowance under section 601 (b) of the Legislative Reorganization Act of 1946 (60 Stat. 850), as amended; and that amount from January 3, 1953, to March 31, 1954, if deposit is made therefor as provided by section 8334 of tnis title; and (B) additional p a y provided by— (i) subsection (a) of section 60e-7 of title 2 and the provisions of law referred to by that subsection; and (ii) sections 60e-8, 60e-9, 60e-10, and 60e-ll of title 2 ; but does not include bonuses, allowances, overtime pay, military ay, pay given in addition to the base pay of the position as fixed E y law or regulation except as provided by subparagraph (B) of this paragraph, retroactive pay under section 5344 of this title in the case of a retired or deceased employee, uniform allowances under section 5901 of this title, or lump-sum leave payments under subchapter V I of chapter 55 of this title. For an employee paid on a fee basis, the maximum amount of basic pay which may be used is $10,000; (4) "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect— (A) over any 5 consecutive years of creditable service; or (B) at a Member's option over all periods of Member service after August 2, 1946, used in the computation of an annuity under this subchapter; with each rate weighted by the time it was in effect; (5) " F u n d " means the Civil Service Retirement and Disability Fund; (6) "disabled" and "disability" mean totally disabled or total disability, respectively, for useful and efficient service in the grade or class of position last occupied by the employee or Member be- cause of disease or injury not due to vicious habits, intemperance, or willful misconduct on his part within 5 years before becoming so disabled; (7) "Government" means the Government of the United States, the government of the District of Columbia, and Gallaudet College; (8) "lump-sum credit" means the unrefunded amount consist- ing of— (A) retirement deductions made from the basic pay of an employee or Member; (B) amounts deposited by an employee or Member cover- ing earlier service; and (C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31,1956, or, in the case of an employee or Member separated or transferred to a position not within the purview of this subchapter before he has com- pleted 5 years of civilian service, to the date of the separation or transfer; but does not include interest— (i) if the service covered thereby aggregates 1 year or less; or (ii) for the fractional part of a month in the total service;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 567 (9) "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor; (10) "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant; (11) "survivor annuitant" means a survivor who files claim for annuity; (12) "service" means employment creditable under section 8332 of this title; (13) "military service" means honorable active service— (A) in the armed forces ; (B) in the Regular or Reserve Corps of the Public Health Service after June 30,1960; or (C) as a commissioned officer of the Coast and Geodetic Survey after June 30,1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States; (14) "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member; and (15) "price index" means the annual average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics. § 8332. Creditable service (a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. (b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes— (1) employment as a substitute in the postal field service; (2) service in the Pan American Sanitary Bureau; (3) subject to sections 8334 (c) and 8339 (h) of this title, service performed before July 10, 1960, as an employee of a county committee established under section 590h(b) of title 16 or of a committee or an association of producers described by section 610(b) of title 7; (4) service as a student-employee as defined by section 5351 of this title only if he later becomes subject to this subchapter; and (5) a period of satisfactory service of a volunteer or volunteer leader under chapter 34 of title 22 only if he later becomes subject to this subchapter. The Civil Service Commission shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. For the purpose of para- graph (5) of this subsection— (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under sections 2504(c) and 2505(1) of title 22: and
568 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (B) the period of an individual's service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. (c) Except as provided by subsection (d) of this section, an em- ployee or Member shall be allowed credit for periods of military service before the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded— (1) on account of a service-connected disability— (A) incurred in combat with an enemy of the United States; or (B) caused by an instrumentality of war and incurred in line of duty during a period of w^ar as defined by section 301 of title 38; or (2) under chapter 67 of title 10. (d) For the purpose of section 8339 (c) (1) of this title, a Member—• (1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing mili- tary service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separa- tion from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute, (e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter. (f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while re- ceiving benefits under subchapter I of chapter 81 of this title. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds 6 months in the aggregate in a calendar year. (g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves liis position to enter the military service is deemed, for the pur- pose of this subchapter, as not separated from his civilian position be- cause of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31,1956, or after the expiration of 5 years of that military service, whichever is later. (h) An employee who— (1) has at least 5 years' Member service; and (2) serves as a Member at any time after August 2, 1946; may not be allowed credit for service which is used in the computation of an annuity under section 8339(c) of this title, (i) An individual who qualifies as an employee under section 8331 (1) (E) of this title is entitled to credit for his service as a United States Commissioner, which is not credited for the purpose of this subchapter for service performed by him in a capacity other than Commissioner, on the basis of— (1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1,1945; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 569 (2) 1/260 of a year for each day on which he performed service as a Commissioner after June 30,1915. Credit for service performed as Commissioner may not exceed 313 days in a year before July 1,1945, or 260 days in a year after June 30, 1945. For the purpose of this subcliapter, the employment and pay of a Commissioner is deemed on a daily basis when actually emj)loyed. (j) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, and the period of an individual's service as a volunteer or vol- unteer leader under chapter 34 of title 22, shall be excluded in deter- mining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his widow or child is based, if the individual, widow, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under section 402 of title 42 based on the individual's wages and self-employment income. If the military serv- ice or service as a volunteer or volunteer leader under chapter 34 of title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or widow becomes entitled, or would on proper application be entitled, to the described benefits, the Civil Service Commission shall redetermine the aggregate period of service on which the annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Secretary of Health, Education, and Welfare, on request of the Commission, shall inform the Commission whether or not the indi- vidual, widow, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an indi- vidual's service as a volunteer or volunteer leader under chapter 34 of title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or by death or resignation. § 8333. Eligibility for annuity (a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter. (b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service dur- ing which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is estab- lished based on the separation shall be returned to him on the sepa- ration. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation. (c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of this title have been deducted or deposited with respect to his last 5 years of civilian service. § 8334. Deductions, contributions, and deposits (a) The employing agency shall deduct and withhold 61^ percent of the basic pay of an employee and 7 ^ percent of the basic pay of
570 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. a Member, and an equal amount shall b€s contributed from the appro- priation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Clerk of the House of Repre- sentatives, the Clerk may pay from the contingent fund of the House the contribution that otherwise would be contributed from the appro- priation or fund used to pay the employee. The amounts so deducted and withheld, together with the amounts so contributed, shall be de- posited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. Deposits made by an employee or Member under this section also shall be credited to the Fund. (b) Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regu- lation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter. (c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the follow- ing percentages of his basic pay received for that service: Percentage of basic pay Service period Employee 2i^ August 1, 1920, to June 30, 1926. 3% July 1,1926, to June 30,1942. 5 July 1,1942, to June 30,1948. 6 July 1,1948, to October 31,1956. ey^ After October 31, 1956. Member for Member 2% August 1, 1920, to June 30, 1926. service. 3^^ July 1,1926, to June 30,1942. 5 July 1,1942, to August 1,1946. 6 August 2, 1946, to October 31, 1956, 7% After October 31, 1956. (d) Each employee or Member who has received a refund of retire- ment deductions under this or any other retirement system established for employees of the Government covering service for which he may be allowed credit under this subchapter may deposit the amount re- ceived, with interest. Credit ladij not be allowed for the service cov- ered by the refund until the deposit is made. (e) Interest under subsection (c) or (d) of this section is computed from the mid-point of each service period included in the computation, or from the date refund was paid, to the date of deposit or commencing date of annuity, whichever is earlier. The interest is computed at the rate of 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually. The deposit may be made in one or more installments. Interest may not be charged for a period of separation from the service which began before October 1, 1956. (f) Under such regulations as the Civil Service Commission may prescribe, amounts deducted under subsection (a) of this section and deposited under subsections (c) and (d) of this section shall be entered on individual retirement records. (g) Deposit may not be required for— (1) service before August 1,1920; (2) military service; or (3^ service for the Panama Railroad Company before January 1, 1924.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 571 (h) F o r the purpose of survivor annuity, deposits authorized by subsections (c) and (d) of this section may also be made by the sur- vivor of an employee or Member. § 8335. Mandatory separation (a) Except as otherwise provided by this section, an employee who becomes 70 years of age and completes 15 years of service shall be auto- matically separated from the service. The separation is effective on the last day of the month in which the employee becomes 70 years of age or completes 15 years of service if then over that age, and pay ends from that day. (b) The employing office shall notify each employee under its direction of the date of his separation from the service at least 60 days in advance thereof, and subsection (a) of this section does not take effect without the consent of the employee until 60 days after he is so notified. (c) The President, by Executive order, may exempt an employee from automatic separation under this section when in his judgment the public interest so requires. (d) The automatic separation provisions of this section do not apply to— (1) an individual named by a statute providing for the con- tinuance of the individual in the service; (2) a Member; (3) a Congressional employee; or (4) an employee in the judicial branch appointed to hold office for a definite term of years. (e) This section applies to an employee of The Alaska Railroad in Alaska, and to an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Company or the Canal Zone Government, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama. § 8336. Immediate retirement (a) A n employee who is separated from the service after becoming 60 years of age and completing 30 years of service is entitled to an annuity. (b) An employee who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. (c) An employee, the duties of whose position are primarily the in- vestigation, apprehension, or detention of individuals suspected or con- victed of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position, who is separated from the service after becoming 50 years of age and completing 20 years of service in the performance of these duties is entitled to an annuity if the head of his agency recommends his retirement and the Civil Serv- ice Commission approves that recommendation. The head of the agency and the Commission shall consider fully the degree of hazard to which the employee is subjected in the performance of his duties, instead of the general duties of the class of the position held by the employee. F o r the purpose of this subsection, "detention" includes the duties of— (1) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; (2) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison In- dustries, Incorporated;
572 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (3) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and (4) employees of the Department of Corrections of the District of Columbia, its industries and utilities; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (chapter 47 of title 10) require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, train- ing, employment, care, transportation, or rehabilitation. (d) An employee who is mvoluntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to a reduced annuity. (e) An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity. (f) A INIember who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after becom- ing 60 years of age and completing 10 years of Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to a reduced annuity. (g) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title. § 8337. Disability retirement (a) An employee who completes 5 years of civilian service and is found by the Civil Service Commission to have become disabled shall be retired on his own application or on application by his agency. A Member who completes 5 years of Member service and is found by the Commission to have become disabled shall be retired on his own ap- plication. An annuity authorized by this section is computed under section 8339 of this title. (b) A claim may be allowed under this section only if the applica- tion is filed with the Commission before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Commission for an employee or Mem- ber who at the date of separation from service or within 1 year thereafter is mentally incompetent, if the application is filed with the Commission within 1 year from the date of restoration of the em- ployee or Member to competency or the appointment of a fiduciary, whichever is earlier. (c) An annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Commission— (1) at the end of 1 year from the date of the disability retire- ment; and (2) annually thereafter until he becomes 60 years of age; unless his disability is permanent in character. I f the annuitant fails to submit to examination as required by this section, payment of
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 573 the annuity shall be suspended until continuance of the disability is satisfactorily established. (d) If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Govern- ment or 1 year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving dis- ability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Govern- ment or 1 year after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in each of 2 succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied im- mediately before retirement. (e) If an annuitant whose annuity is terminated under subsection (d) of this section is not reemployed in a position within the purview of this subchapter, he is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of this sub- chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable pro- visions of this subchapter. If an annuitant whose annuity is hereto- fore or hereafter terminated because of an earning capacity provision of this subchapter or an earlier statute— (1) is not reemployed in a position within the purview of this subchapter; and (2) has not recovered from the disability for which he was retired; his annuity shall be restored at the same rate effective the first of the year following any calendar year in which his income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. If an annuitant whose annuity is heretofore or hereafter terminated because of a medical finding that he has recovered from disability is not re- employed in a position within the purview of this subchapter, his annuity shall be restored at the same rate effective from the date of medical examination showing a recurrence of the disability. The sec- ond and third sentences of this subsection do not apply to an individ- ual who has become 62 years of age and is receiving or is eligible to receive annuity under the first sentence of this subsection. (f) An individual is not entitled to receive an annuity under this subchapter and compensation for injury or disability to himself under subchapter I of chapter 81 of this title covering the same period of time. This provision does not bar the right of a claimant to the greater benefit conferred by either subchapter for any part of the same period of time. Neither this provision nor any provision of subchapter I of chapter 81 of this title denies to an individual an annuity accruing to him under this subchapter on account of service performed by him, or denies any concurrent benefit to him under subchapter I of chapter 81 of this title on account of the death of another individual. (g) The right of an individual entitled to an annuity under this sub- chapter is not affected because he has received a lump-sum payment for compensation under section 8135 of this title. However, if the annuity is payable on account of the same disability for which com- pensation under section 8135 of this title has been paid, so much of 65-300 0-67—39
574 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. the compensation as has been paid for a period extended beyond the date the annuity becomes effective, as determined by the Department of Labor, shall be refunded to that Department to be covered into the Employees' Compensation Fund. Before the individual may receive Ihe annuity he shall— (1) refund to the Department of Labor the amount represent- ing the commuted compensation payments for the extended period; or (2) authorize the deduction of that amount from the annuity payable to him under this subchapter, which amount shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. Deductions from the annuity may be made from accrued and accruing payments. When the Department of Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as that Department determines. § 8338. Deferred retirement (a) An employee who is separated from the service or transferred to a position not within the purview of this subchapter after complet- ing 6 years of civilian service is entitled to an annuity beginning at the age of 62 years. (b) A Member who, after December 31,1955, is separated from the service as a Member after completing 5 years of civilian service is en- titled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years. (c) An annuity or reduced annuity authorized by this section is computed under section 8339 of this title. § 8339. Computation of annuity (a) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is— (1) iy2 percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus (2) 1% percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus (3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years. However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof. (b) The annuity of a Congressional employee, or former Congres- sional employee, retiring under this subchapter is computed under sub- section (a) of this section, except, if he has had— (1) at least 5 years' service as a Congressional employee or Member or any combination thereof; and (2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service; his annuity is computed, with respect to so much of his service as a Congressional employee and his military service as does not exceed a
80 STAT. ] PUBUC LAW 89-554-SEPT. 6, 1966 575 total of 15 years and any Member service, by multiplying 21/^ percent of his average pay by the years of that service. (c) The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years' service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to— (1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and (2) so much of his Congressional employee service as does not exceed 15 years; by multiplying 21/^ percent of his average pay by the years of that service. (d) The annuity of an employee retiring under section 8336(c) of this title is 2 percent of his average pay multiplied by his total service. (e) The annuity computed under subsections ( a ) - ( d ) of this sec- tion may not exceed 80 percent of— (1) the average pay of the employee; or (2) the final basic pay of the Member. (f) The annuity of an employee or Member retiring under section 8337 of this title is at least the smaller of— (1) 40 percent of his average pay; or (2) the sum obtained under subsections ( a ) - ( c ) of this section after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age. However, this subsection does not increase the annuity of a survivor. (g) The annuity computed under subsections ( a ) - ( c ) and (e) of this section for an employee retiring under section 8336 (b) or (d) of this title, or a Member retiring under the second or third sentence of section 8336(f) of this title or the third sentence of section 8338(b) of this title, is reduced by 1/12 of 1 percent for each full month not in excess of 60 months, and l^ of 1 percent for each full month in excess of 60 months, the employee or Member is under 60 years of age at the date of separation. (h) The annuity computed under subsections ( a ) - ( g ) of this sec- tion is reduced by 10 percent of a deposit described by section 8334 (c) of this title remaining unpaid, unless the employee or Member elects to eliminate the service involved for the purpose of annuity computation. (i) The annuity computed under subsections ( a ) - ( h ) of this sec- tion (excluding any increase because of retirement under section 8337 of this title) for a married employee or Member retiring under this subchapter, or any portion of that annuity designated in writing for the purpose of section 8341(b) of this title by the employee or Mem- ber at the time of retirement, is reduced by 2^4 percent of so much thereof as does not exceed $3,600 and by 10 percent of so much thereof as exceeds $3,600, unless the employee or Member notifies the Civil Service Commission in writing at the time of retirement that he does not desire his spouse to receive an annuity under section 8341(b) of this title. (j) At the time of retiring under section 8336 or 8338 of this title, an unmarried employee or Member who is found to be in good health by the Commission may elect a reduced annuity instead of an annuity computed under subsections ( a ) - ( h ) of this section and name in writ- ing an individual having an insurable interest in the employee or Member to receive an annuity under section 8341 (c) of this title after
576 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member. However, the total reduc- tion may not exceed 40 percent. (k) The annuity computed under subsections ( a ) - ( j) of this section for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of— (1) the Alaska Engineering Commission, or The Alaska Rail- road, in Alaska between March 12,1914, and July 1, 1923; or (2) the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904, and April 1,1914. § 8340. Cost-of-living adjustment of annuities (a) After January 1 of each year the Civil Service Commission shall determine the percent change in the price index from the later of 1962 or the year preceding the most recent cost-of-living adjust- ment to the latest complete year. On the basis of this determination, and effective April 1 of any year after the»price index change equals a rise of at least 3 percent, each annuity payable from the F u n d which has a commencing date earlier than January 2 of the preceding year shall be increased by the percent rise in the price index adjusted to the nearest i/io of 1 percent. (b) Eligibility for an annuity increase under this section is gov- erned by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: (1) Effective from the date of the first increase under this section, an annuity payable from the Fund to an annuitant's sur- vivor (except a child entitled under section 8341(e) of this title), which annuity commenced the day after the death of the an- nuitant, shall be increased as provided by subsection (a) of this section if the commencing date of annuitjr to the annuitant was earlier than January 2 of the year preceding the first increase. (2) Effective from its commencing date, an annuity payable from the F u n d to an annuitant's survivor (except a child en- titled under section 8341(e) of this title), which annuity com- mences the day after the death of the annuitant and after the effective date of the first increase under this section, shall be in- creased by the total percent increase the annuitant was receiving under this section at death. (3) For the purpose of computing an annuity which com- mences after the effective date of the first increase under this section to a child under section 8341(e) of this title, the items $600, $720, $1,800, and $2,160 appearing in section 8341(e) of this title shall be increased by the total percent increase allowed and in force under this section, and, in case of a deceased an- nuitant, the items 40 percent and 50 percent appearing in sec- tion 8341(e) of this title shall be increased by the total percent increase allowed and in force under this section to the annuitant at death. Effective from the date of the first increase under this section, this paragraph applies as if the first increase were in effect with respect to computation of the annuity of a child under section 8341(e) of this title which commenced l)etween January 2 of the year preceding the first increase and the effective date of the first increase.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6. 1966 577 (c) This section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions. (d) The monthly installment of annuity after adjustment under this section is fixed at the nearest dollar. § 8341. Survivor annuities (a) F o r the purpose of this section— (1) "widow" means the surviving wife of an employee or Mem- ber who— (A) was married to him for at least 2 years immediately before his death; or (B) is the mother of issue by that marriage; C2) "widower" means the survivmg husband of an employee or Member who— (A) was married to her for at least 2 years immediately before her death; or (B) is the father of issue by that marriage; (3) "dependent widower" means a widower who— (A) is incapable of self-support because of mental or physical disability; and (B) received more than half his support from the em- ployee or Member; and (4) "child" means— (A) an unmarried child under 18 years of age, including (i) an adopted child, and (ii) a stepchild or recognized natural child who received more than half his support from and lived with the employee or Member in a regular parent- child relationship; (B) such unmarried child regardless of age who is in- capable of self-support because of mental or physical disa- bility incurred before age 18; or (C) such unmarried child between 18 and 21 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, col- lege, university, or comparable recognized educational insti- tution. For the purpose of this paragraph and subsection (e) of this section, a child whose 21st birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 21 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Civil Service Commission that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim. (b) If an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he was married at the time of retirement, the spouse is entitled to an annuity equal to 55 percent of an annuity computed under section 8339 ( a ) - ( h ) of this title as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339 (i) of this title, unless the employee or Member has notified the Commission in writing at the time of retirement that he does not
578 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. desire his spouse to receive this annuity. The annuity of the spouse commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the spouse dies or remarries. (c) The annuity of a survivor named under section 8339(j) of this title is 55 percent of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. (d) If an employee or Member dies after completing at least 5 years of civilian service, the widow or dependent widower of the em- ployee or Member is entitled to an annuity equal to 55 percent of an annuity comj)uted under section 8339 ( a ) - ( e ) and (h) of this title as may apply with respect to the employee or Member. The annuity of the widow or dependent widower commences on the day after the em- ployee or Member dies. This annuity and the right thereto terminate on the last day of the month before— (1) the widow or dependent widower dies or remarries; or (2) the dependent widower becomes capable of self-support. (e) (1) If an employee or Member dies after completing at least 5 years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child who received more than half of his support from the em- ployee or Member is entitled to an annuity equal to the smallest of— (A) 40 percent of the average pay of the employee or Member divided by the number of children; (B) $600; or (C) $1,800 divided by the number of children. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— (i) 50 percent of the average pay of the employee or Member divided by the number of children; (ii) $720; or (iii) $2,160 divided by the number of children. (2) The annuity of the child commences on the day after the em- ployee or Member dies. This annuity granted under this subchapter or under the Act of May 29,1930, as amended from and after February 28, 1948, and the right thereto terminate on the last day of the month before the child— (A) becomes 18 years of age unless incapable of self-support; (B) becomes capable of self-support after age 18; or (C) dies or marries. However, the annuity of a child who is a student as described by sub- section (a) (4) of this section terminates on the last day of the month before he— (i) ceases to be such a student; n i ) becomes 21 years of age; or (iii) dies or marries. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recom- puted and paid as though the spouse or child had not survived the employee or Member. (f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the F u n d hereafter dies before having established a valid claim for annuity and is survived by a
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 579 spouse to whom married at the date of separation, the surviving spouse— (1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the sur- viving spouse dies or remarries; or (2) may elect to receive the lump-sum credit instead of annuity if the spouse is tlie individual who would be entitled to the lump- sum credit and files application therefor with the Commission be- fore the award of the annuity. §8342. Lump-sum benefits; designation of beneficiary; order of precedence (a) An employee or Member who is separated from the service, or is transferred to a position not within the purview of this subchapter, is entitled to be paid the lump-sum credit if his separation or transfer occurs and application for payment is filed with the Civil Service Commission at least 31 days before the earliest commencing date of any annuity for which he is eligible. The receipt of payment of the lump-sum credit by the individual voids all annuity rights under this subchapter, until he is reemployed in the service subject to this sub- chapter. This subsection also applies to an employee or Member separated before October 1,1956, after completing at least 20 years of civilian service. (b) Under regulations prescribed by the Commission, a present or former employee or Member may designate a beneficiary or benefici- aries for the purpose of this subchapter. (c) Lump-sum benefits authorized by subsections ( d ) - ( f ) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the fol- lowing order of precedence, and the payment bars recovery by any other person: First, to the beneficiary or beneficiaries designated by the em- ployee or Member in a writing received in the Commission before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. Sixth, if none of the above, to such other next of kin of the employee or Member as the Commission determines to be entitled under the laws of the domicile of the employee or Member at the date of his death. (d) If an employee or Member dies— (1) without a survivor; or (2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or if a former employee or Member not retired dies, the lump-sum credit shall be paid. (e) If all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
580 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (f) If an annuitant dies, annuity accrued and unpaid shall be paid. (g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of prece- dence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant. Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Commission determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death, (h) Amounts deducted and withheld from the basic pay of an em- ployee or Member from the first day of the first month which begins after he has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under section 8339 of this title) to entitle him to the maximum annuity provided by section 8339 of this title, together with interest on the amounts at the rate of 3 percent a year com- pounded annually from the date of the deductions to the date of retirement or death, shall be applied toward any deposit due under section 8334 of this title, and any balance not so required is deemed a voluntary contribution for the purpose of section 8343 of this title, (i) An employee who— (1) is separated from the service before July 12, 1960; and (2) continues in the service after July 12, 1960, without break in service of 1 workday or more; is entitled to the benefits of subsection (h) of this section. §8343. Additional annuities; voluntary contributions (a) Under regulations prescribed by the Civil Service Commission, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary con- tribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year compounded annually to— (1). the date of payment under subsection (d) of this section, separation, or transfer to a position not within the purview of this subchapter, whichever is earliest; or (2) the commencing date fixed for a deferred annuity or date of death, whicliever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account. (b) The voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20 cents for each full year, if any, the employee or Member is over 55 years of age at the date of retire- ment. (c) A retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this section and designate in writing an individual to receive after his death an annuity of 50 percent of his reduced additional annuity. The additional annuity of the employee or Member making the elec- tion is reduced by 10 percent, and by 5 percent for each full 5 years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 581 (d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Commission before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter. (e) If a present or former employee or Member not retired dies, the voluntary contribution acco]/int is paid under section 8342(c) of this title. If all additional annuities or any right thereto based on the voluntary contribution account of a deceased employee or Member terminate before the total additional annuity paid equals the account, the difference is paid under section 8342 (c) of this title. § 8344. Annuities and pay on reemployment (a) If an annuitant receiving annuity from the Fund, except— (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity; (2) an annuitant whose annuity is based on an involuntary separation from the service other than an automatic separation; or (3) a Member receiving annuity from the F u n d ; becomes employed after September 30, 1956, or on July 31, 1956 was serving, in an appointive or elective position, his service on and after the date he was or is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay. An amount equal to the annuity allocable to the period of actual employ- ment shall be deducted from his pay. If the annuitant serves on a full-time basis, except as President, for at least 1 year in employment not excluding him from coverage under section 8331(1) (i) or (ii) of t his title— (A) his annuity on termination of employment is increased by an annuity computed under section 8339 ( a ) , (b), ( d ) , ( g ) , and (h) of this title as may apply based on the period of employment and the basic pay, before deduction, averaged during that em- ployment; and (B) his lump-sum credit may not be reduced by annuity paid during that employment. If the described employment of the annuitant continues for at least 5 years, he may elect, instead of the benefits provided by this subsec- tion, to deposit in the Fund an amount computed under section 8334(c) of this title covering that employment and have his rights redetermined under this subchapter. A similar right to redetermination after deposit is applicable to an annuitant— (i) whose annuity is based on an involuntary separation from the service; and (ii) who is separated after October 3, 1961, following a period of employment on a full-time basis which began before October 1, 1956. The employment of an annuitant under this subsection does not create an annuity for or affect the annuity of a survivor. (b) If a Member receiving annuity from the Fund becomes em- ployed in an appointive or elective position, annuity payments are dis- continued during the employment and resumed in the same amount on termination of the employment, except that— (1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after sep-
582 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. aration as a Member in an appointive position in which he is within the purview of this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective— (A) the day Member annuity commences; or (B) the day after the date of separation from the ap- pointive position; whichever is later; (2) if the retired Member becomes employed after December 31, 1958, in an appointive position on an intermittent-service basis— (A) his annuity continues during the employment and is not increased as a result of service performed during that employment; (B) retirement deductions may not be withheld from his pay; (C) an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay; and (D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the F u n d ; (3) if the retired Member becomes employed after December 31, 1958, in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the em- ployment and is not increased as a result of service performed during the employment; and (4) if the retired Member takes office as Member and gives notice as provided by section 8331(2) of this title, his service as Member during that period shall be credited in determining his right to and the amount of later annuity. This subsection does not apply to a Member appointed by the Presi- dent to a position not requiring confirmation by the Senate. §8345. Payment of benefits; commencement, termination, and waiver of annuity (a) Each annuity is stated as an annual amount, one-twelfth of which, fixed at the nearest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. (b) Except as otherwise provided, the annuity of an employee or Member commences on the day after he is separated from the service, or on the day after his pay ceases and he meets the service and the age or disability requirements for title to annuity. An annuity payable from the Fund allowed after September 5, 1960, commences on the day after the occurrence of the event on which payment thereof is based. (c) The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. (d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Civil Service Commission. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. (e) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is con-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 583 stituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the indi- vidual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who, in the judgment of the Commission, is responsible for the care of the claimant, and the payment bars recovery by any other person. § 8346. Exemption from legal process; recovery of payments (a) The money mentioned by this subchapter is not assignable, either in law or equity, or subject to execution, levy, attachment, garnish- ment, or other legal process. (b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Civil Service Com- mission, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Com- mission that the certification or payment involved fraud on the part of the former employee. § 8347. Administration; regulations (a) The Civil Service Commission shall administer this subchapter. Except as otherwise specifically provided herein, the Commission shall perform, or cause to be performed, such acts and prescribe such regu- lations as are necessary and proper to carry out this subchapter. (b) Applications under this subchapter shall be in such form as the Commission prescribes. Agencies shall support the applications by such certificates as the Commission considers necessary to the deter- mination of the rights of applicants. The Commission shall adjudi- cate all claims under this subchapter. (c) The Commission shall determine questions of disability and dependency arising under this subchapter. The decisions of the Com- mission concerning these matters are final and conclusive and are not subject to review. The Commission may direct at any time such medi- cal or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under this subchapter. The Commission may suspend or deny annuity for failure to submit to examination. (d) An administrative action or order affecting the rights or inter- ests of an individual or of the United States under this subchapter may be appealed to the Commission under procedures prescribed by the Commission. (e) The Commission shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter. (f) The Commission shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Commission shall fix the pay of the members of the Board, except members otherwise in the employ of the United States. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Commission. The Board may recommend to the Commission and to Congress
584 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. such changes as in the Board's judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Commission shall keep, or cause to be kept, such records as it con- siders necessary for making periodic actuarial valuations of the Sys- tem. The Board shall make actuarial valuations every 5 years, or oftener if considered necessary by the Commission. (g) The Commission may exclude from the operation of this sub- chapter an employee or group of employees in or under an Executive agency whose emj)loyment is temporary or intermittent. (h) The Commission, on recommendation by the Commissioners of the District of Columbia, may exclude from the operation of this sub- chapter an individual or group of individuals employed by the govern- ment of the District of Columbia whose employment is temporary or intermittent. (i) The Architect of the Capitol may exclude from the operation of this subchapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration. (j) The Librarian of Congress may exclude from the operation of this subchapter an employee under the Library of Congress whose employment is temporary or of uncertain duration. (k) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this subchapter to an individual named by section 8331 (1) ( F ) of this title. § 8348. Civil Service Retirement and Disability Fund (a) There is a Civil Service Retirement and Disability Fund. The F u n d is appropriated for the payment of benefits as provided by this subchapter. (b) The Secretary of the Treasury may accept and credit to the Fund money received in the form of a donation, gift, legacy, or be- quest, or otherwise contributed for the benefit of civil-service em- ployees generally. (c) The Secretary shall immediately invest in interest-bearing securities of the United States such currently available portions of the F u n d as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. (d) The purposes for which obligations of the United States may be 3^ use 774(2) issued under the Second Liberty Bond Act, as amended, are extended to authorize the issuance at par of public-debt obligations for pur- chase by the Fund. The obligations issued for purchase by the Fund shall have maturities fixed with due regard for the needs of the Fund and bear interest at a rate equal to the average market yield computed as of the end of the calendar month next preceding the date of the issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of 4 years from the end of that calendar month. If the average market yield is not a multiple of % of 1 percent, the rate of interest on the obligations shall be the multiple of l^ of 1 percent nearest the average market yield. (e) The Secretary may purchase other interest-bearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price only if he determines that the purchases are in the public interest. (f) The Civil Service Commission shall submit estimates of the appropriations necessary to finance the F u n d on a normal cost plus interest basis and to carry out this subchapter.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 585 (g) Money now or hereafter contained in the Fund may not be used to pay an increase in annuity benefits or a new annuity benefit under this subchapter or an earlier statute which is authorized by amend- ment thereof until and unless an appropriation is made to the Fund in an amount which the Commission estimates to be sufl&cient to pre- vent an immediate increase in the unfunded accrued liability of the Fund. CHAPTER 85—UNEMPLOYMENT COMPENSATION SUBCHAPTER I—EMPLOYEES GENERALLY Sec. 8501. Definitions. 8502. Compensation under State agreement. 8503. Compensation absent State agreement. 8504. Assignment of Federal service and wages. 8505. Payments to States. 8506. Dissemination of information. 8507. False statements and misrepresentations. 8508. Reflations. SUBCHAPTER II—EX-SERVICEMEN Sec. 8521. Definitions; application. 8522. Assignment of Federal service and wages. 8523. Dissemination of information. 8524. Accrued leave. 8525. Effect on other statutes. SUBCHAPTER I—EMPLOYEES GENERALLY § 8501. Definitions For the purpose of this subchapter— (1) "Federal service" means service performed after 1952 in the employ of the United States or an instrumentality of the United States which is wholly or partially owned by the United States, but does not include service (except service to which subchapter I I of this chapter applies) performed— (A) by an elective official in the executive or legislative branch; (B) as a member of the armed forces; (C) by Foreign Service personnel for whom special sep- aration allowances are provided under chapter 14 of title 22; (D) outside the United States, the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the United States; (E) by an individual excluded by regulations of the Civil Service Commission from the operation of subchapter I I I of chapter 83 of this title because he is paid on a contract or fee basis; (F) by an individual receiving nominal pay and allow- ances of $12 or less a year; (G) in a hospital, home, or other institution of the United States by a patient or inmate thereof; (H) by a student-employee as defined by section 5351 of this title; (I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency; (J) by an individual employed under a Federal relief program to relieve him from unemployment;
586 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (K) as a member of a State, county, or community com- mittee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or (L) by an officer or a member of the crew on or in con- nection with an American vessel— (i) owned by or bareboat chartered to the United States; and (ii) whose business is conducted by a general agent of the Secretary of Commerce; if contributions on account of the service are required to be made to an unemployment fund under a State unemployment compensation law under section 3305(g) of title 26; (2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service; (3) "Federal employee" means an individual who has per- formed Federal service; (4) "compensation" means cash benefits payable to an individ- ual with respect to his unemployment including any portion there- of payable with respect to dependents; (5) "benefit year" means the benefit year as defined by the ap- plicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence oi such an agreement, the period prescribed by the Secretary of Labor; (6) "State" means the several States, the District of Columbia, and the Commonwealth of Puerto Rico; and (7) "United States", when used in a geographical sense, means the States. § 8502. Compensation under State agreement (a) The Secretary of Labor, on behalf of the United States, may enter into an agreement with a State, or with an agency administering the unemployment compensation law of a State, under which the State agency shall— (1) pay, as agent of the United States, compensation under this subchapter to Federal employees; and (2) otherwise cooperate with the Secretary and with other Stato agencies in paying compensation under this subchapter. (b) Except as provided by subsection (c) of this section, the agree- ment shall provide that compensation will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him under the unemployment compensation law of the State if his Federal service and Federal wages assigned under section 8504 of this title to the State had been included as employ- inent and wages under that State law. (c) I n the case of the Commonwealth of Puerto Rico, the agreement shall provide that compensation will be paid by the Commonwealth to a Federal employee whose Federal service and Federal wages are assigned under section 8504 of this title to the Commonwealth (but only in the case of weeks of unemployment beginning before Janu- ary 1, 1966), in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him under the unemployment compensation law of the District of
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 587 Columbia if his Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation dur- ing the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his Federal service and Federal wages. I n applying this subsection, employment and wages under the unemployment compensation law of the Com- monwealth may not be combined with Federal service or Federal wages. (d) A determination by a State agency with respect to entitlement to compensation under an agreement is subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. (e) Each agreement shall provide the terms and conditions on which it may be amended or terminated. § 8503. Compensation absent State agreement (a) I n the case of a Federal employee whose Federal service and Federal wages are assigned under section 8504 of this title to a State which does not have an agreement with the Secretary of Labor, the Secretary, under regulations prescribed by him, shall, on the filing by the Federal employee of a claim for compensation under this sub- section, pay compensation to him in the same amount, on the same terms, and subject to the same conditions as would be paid to him under the unemployment compensation law of the State if his Federal service and Federal wages had been included as employment and wages under that State law. However, if the Federal employee, with- out regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that State law, then payments of compensation under this sub- section may be made only on the basis of his Federal service and Federal wages. For the purpose of this subsection, "State" does not include the Commonwealth of Puerto Rico in the case of weeks of unemployment beginning before January 1, 1966. (b) In the case of a Federal employee whose Federal service and Federal wages are assigned under section 8504 of this title to— (1) the Virgin Islands; or (2) the Commonwealth of Puerto Rico with respect to weeks of unemployment beginning before January 1, 1966; the Secretary, under regulations prescribed by him and on the filing of a claim for compensation under this subsection by the Federal employee, shall pay the compensation to him in the same amounts, on the same terms, and subject to the same conditions as would be paid to him under the unemployment compensation law of the District of Columbia if his Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his Federal service and Federal wages. I n the case of weeks of unemployment beginning before January 1, 1966, this subsection applies with respect to the Commonw^ealth of Puerto Rico only if the Commonwealth does not have an agreement under this subchapter with the Secretary. I n applying this subsection, employment and wages under the unemploy-
588 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. ment compensation law of the Commonwealth may not be combined with Federal service or Federal wages. (c) A Federal employee whose claim for compensation under sub- section (a) or (b) of this section is denied is entitled to a fair hearing under regulations prescribed by the Secretary. A final determination by the Secretary with respect to entitlement to compensation under this section is subject to review by the courts in the same manner and to the same extent as is provided by section 405(g) of title 42. (d) For the purpose of this section, the Secretary may— (1) use the personnel and facilities of the agency in the Virgin Islands cooperating with the United States Employment Service under chapter 4B of title 29; and (2) delegate to officials of that agency the authority granted to him by this section when he considers the delegation to be neces- sary in carrying out the purpose of this subchapter. F o r the purpose of payments made to that agency under chapter 4B of title 29, the furnishing of the personnel and facilities is deemed a part of the administration of the public employment offices of that agency. § 8504. Assignment of Federal service and wages Under regulations prescribed by the Secretary of Labor, the Fed- eral service and Federal wages of a Federal employee shall be assigned to the State in which he had his last official station in Federal service before the filing of his first claim for compensation for the benefit year. However— (1) if, at the time of filing his first claim, he resides in another State in which he performed, after the termination of his Federal service, service covered under the unemployment compensation law of the other State, his Federal service and Federal wages shall be assigned to the other State; (2) if his last official station in Federal service, before filing his first claim, wac outside the United States, his Federal service and Federal wages shall be assigned to the State where he resides at the time he files his first claim; and (3) if his first claim is filed— (A) before January 1, 1966, while he is residing in the Commonwealth of Puerto Rico; or (B) while he is residing in the Virgin Islands; his Federal service and Federal wages shall be assigned to the one in which he resides. I n the case of a first claim filed before January 1, 1966, "United States" in paragraph (2) of this section does not include the Common- wealth of Puerto Rico. § 8505. Payments to States (a) Each State is entitled to be paid by the United States an amount equal to the additional cost to the State of payments of compensation in accordance with an agreement under this subchapter which would not have been made by the State but for the agreement. (b) Each State shall be paid, either in advance or by way of reim- bursement, as may be determined by the Secretary of Labor, the sum that the Secretary estimates the State is entitled to receive under this subchapter for each calendar month. The sum shall be reduced or increased by the amount which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Secretary and the State agency.
80 STAT. 1 PUBLIC LAW 89-554-SEPT. 6, 1966 589 (c) The Secretary, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or settlement by the General Accounting Office, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this sub- chapter. (d) Money paid a State under this subchapter may be used solely for the purposes for which it is paid. Money so paid which is not used for these purposes shall be returned, at the time specified by the agreement, to the Treasury of the United States and credited to cur- rent applicable appropriations, funds, or accounts from which pay- ments to States under this subchapter may be made. (e) An agreement may— (1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who other- wise participates in its performance, to give a surety bond to the United States in the amount the Secretary considers necessary; and (2) provide for payment of the cost of the bond from funds for carrying out the purposes of this subchapter. (f) In the absence of gross negligence or intent to defraud the United States, an individual designated by the Secretary, or designated under an agreement, as a certifying official is not liable for the pay- ment of compensation certified by him under this subchapter. (g) In the absence of gross negligence or intent to defraud the United States, a disbursing official is not liable for a payment by him under this subchapter if it was based on a voucher signed by a certi- fying official designated as provided by subsection (f) of this section. (h) For the purpose of payments made to a State under subchapter I I I of chapter 7 of title 42, administration by a State agency under an agreement is deemed a part of the administration of the State un- employment compensation law. § 8506. Dissemination of information (a) Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements under this subchapter, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter. The information shall include the findings of the employing agency concerning— (1) whether or not the Federal employee has performed Fed- eral service; (2) the periods of Federal service; (3) the amount of Federal wages; and (4) the reasons for termination of Federal service. The employing agency shall make the findings in the form and manner prescribed by regulations of the Secretary. The regulations shall include provision for correction by the employing agency of errors and omissions. Findings made in accordance with the regulations are final and conclusive for the purpose of sections 8502(d) and 8503(c) of this title. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter I I of this chapter. (b) The agency administering the unemployment compensation law of a State shall furnish the Secretary such information as he con- 65-300 0-67—40
590 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. siders necessary or appropriate in carrj^ing out this subchapter. The information is deemed the report recjuired by the Secretary for the purpose of section 503(a)(6) of title 42. § 8507. False statements and misrepresentations (a) If a State agency, the Secretary of Labor, or a court of com- petent jurisdiction finds that an individual— (1) knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and (2) as a result of that action has received an amount as com- pensation under this subchapter to which he was not entitled; the individual shall repay the amount to the State agency or the Secre- tary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 8502 (d) and 8503 (c) of this title. (b) An amount repaid under subsection (a) of this section shall be— (1) deposited in the fund from which payment was made, if the repayment was to a State agency; or (2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary. §8508. Regulations The Secretary of Labor may prescribe rules and regulations neces- sary to carry out this subchapter and subchapter I I of this chapter. The Secretary, insofar as practicable, shall consult with representa- tives of the State unemployment compensation agencies before pre- scribing rules or regulations which may affect the performance by the State agencies of functions under agreements under this subchapter. SUBCHAPTER II—EX-SERVICEMEN § 8521. Definitions; application (a) For the purpose of this subchapter— (1) "Federal service" means active service, including active duty for training purposes, in the armed forces which either began after January 31, 1955, or terminated after October 27, 1958, if— (A) that service was continuous for 90 days or more, or was terminated earlier because of an actual service-incurred injury or disability; and (B) with respect to that service, the individual— (i) was discharged or released under conditions other than dishonorable; and (ii) was not given a bad conduct discharge, or, if an officer, did not resign for the good of the service; and (2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service, computed on the basis of the pay and allowances for the pay grade of the individual at the time of his latest discharge or release from Federal service as specified in the schedule applicable at the time he files his first claim for compen-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 591 sation for the benefit year. The Secretary of Labor shall issue, from time to time, after consultation with the Secretary of De- fense, schedules specifying the pay and allowances for each pay grade of servicemen covered by this subchapter, which reflect representative amounts for appropriate elements of the pay and allowances whether in cash or in kind, (b) The provisions of subchapter I of this chapter, subject to the modifications made by this subchapter, apply to individuals who have had Federal service as defined by subsection (a) of this section. § 8522. Assignment of Federal service and wages Notwithstanding section 8504 of this title. Federal service and Fed- eral wages not previously assigned shall be assigned to the State or to the Virgin Islands, as the case may be, in wliich tlie claimant first files claim for unemployment compensation after his latest discharge or release from Federal service. This assignment is deemed an assign- ment under section 8504 of this title for the purpose of this subchapter. § 8523. Dissemination of information (a) When designated by the Secretary of Labor, an agency of the United States shall make available to the appropriate State agency or to the Secretary, as the case may be, such information, including find- ings in the form and manner prescribed by regulations of the Secre- tary, as the Secretary considers practicable and necessary for the determination of the entitlement of an individual to compensation under this subchapter. (b) Subject to correction of errors and omissions as prescribed by regulations of the Secretary, the following are final and conclusive for the purpose of sections 8502 (d) and 8503 (c) of this title: (1) Findings by an agency of the United States made in accord- ance with subsection (a) of this section with respect to— (A) whether or not an individual has met any condition specified by section 8521 ( a ) ( 1 ) of this title; (B) the periods of Federal service; and (C) the pay grade of the individual at the time of his latest discharge or release from Federal service. (2) The schedules of pay and allowances prescribed by the Secretary under section 8521 (a) (2) of this title. § 8524. Accrued leave For the purpose of this subchapter, a payment for unused accrued leave under section 501(b) of title 37 at the termination of Federal service is deemed— (1) to continue that Federal service during the period after the termination with respect to which the individual received the payment; and (2) Federal wages, subject to regulations prescribed by the Secretary of Labor concerning allocation over the period after termination. § 8525. Effect on other statutes (a) An individual eligible to receive a mustering-out payment under chapter 43 of title 38 is not entitled to compensation under this sub- chapter with respect to weeks of unemployment completed— (1) within 30 days after his discharge or release if he receives $100 in mustering-out payments; (2) within 60 days after his discharge or release if he receives $200 in mustering-out payments; or (3) within 90 days after his discharge or release if he receives $300 in mustering-out payments.
592 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) An individual is not entitled to compensation under this sub- chapter for any period with respect to which he receives— (1) a subsistence allowance under chapter 31 of title 38 or under part V I I I of Veterans Regulation Numbered 1 ( a ) ; or (2) an educational assistance allowance under chapter 35 of title 38. CHAPTER 87—LIFE INSURANCE Sec. 8701. Definition. 8702. Automatic coverage. 8703. Benefit certificate. 8704. Group insurance; amounts. 8705. Deatli claims; order of precedence; escheat. 8706. Termination of insurance. 8707. Employee deductions; withholding. 8708. Government contributions. 8709. Insurance policies. 8710. Reinsurance. 8711. Basic tables of premium rates. 8712. Annual accounting; special contingency reserve. 8713. Advisors. 8714. Employees' Life Insurance Fund. 8715. Jurisdiction of courts. 8716. Regulations. §8701. Definition (a) F o r the purpose of this chapter, "employee" means— (1) an employee as defined by section 2105 of this title; (2) a Member of Congress as defined by section 2106 of this title; (3) a Congressional employee as defined by section 2107 of this title; (4) the President; (5) an individual employed by the government of the District of Columbia; (6) an individual employed by Gallaudet College; (7) a United States Commissioner to whom subchapter I I I of chapter 83 of this title applies by operation of section 8331 (1) ( E ) of this title; (8) an individual employed by a county committee established under section 590h(b) of title 16; and (9) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 3 use 102 note. ^ggg (72 Stat. 838); but does not include— (A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (B) a noncitizen employee whose permanent duty station is outside the United States; or (C) an employee excluded by regulation of the Civil Service Commission under section 8716(b) of this title. (b) Notwithstanding subsection (a) of this section, the employ- ment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immedi- ately before the recess period does not qualify the individual as an employee for the purpose of this chapter. F o r the purpose of this subsection, "teacher" and "teaching position" have the meanings given them by section 901 of title 20.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 593 § 8702. Automatic coverage (a) An employee is automatically insured on the date lie becomes eligible for insurance and each policy of insurance purchased by the Civil Service Commission under this chapter shall provide for that automatic coverage. (b) An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Commission. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received. § 8703. Benefit certificate The Civil Service Commission shall arrange to have each insured employee receive a certificate setting forth the benefits to which he is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue. § 8704. Group insurance; amounts (a) An employee eligible for insurance is entitled to be insured for an amount of group life insurance approximating his annual pay not exceeding $20,000 plus an ec[ual amount of group accidental death and dismemberment insurance, m accordance with the following schedule: If annual pay is— The amount of The amount of group accidental group life Insur- death and dis- Greater than— But not greater than— ance is— memberment insurance is— 0 $1,000. $1,000 $1,000 $1,000.. 2,000.. 2,000 2,000 $2,000.. 3,000.. 3,000 3,000 $3,000.. 4,000.. 4,000 4,000 $4,000.. 5,000.. 5,000 5,000 $5,000.. 6,000.. 6,000 6,000 $6,000.. 7,000.. 7,000 7,000 $7,000.. 8,000.. 8,000 8,000 $8,000.. 9,000.. 9,000 9.000 $9,000.. 10,000. 10,000 10,000 $10,000. 11,000. 11,000 11,000 $11,000. 12,000. 12,000 12.000 $12,000. 13,000. 13,000 13,000 $13,000. 14,000. 14,000 14,000 $14,000. 15,000. 15,000 15,000 $15,000. 16,000. 16,000 16,000 $16,000. 17,000. 17,000 17,000 $17,000. 18,000. 18,000 18,000 $18,000. 19,000. 19,000 19,000 $19,000. 20,000 20,000 (b) Subject to the conditions and limitations approved by the Civil Service Commission which are contained in the policy purchased by the Commission, the group accidental death and dismemberment in- surance provides payment as follows: Loss Amount payable For loss of life Full amount shown in the schedule In subsection (a) of this section. Loss of one hand or of one foot or loss One-half the amount shown in the sched- of sight of one eye. ule in subsection (a) of this section. Loss of two or more such members Full amount shown in the schedule in subsection (a) of this section.
594 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed the amount shown in the schedule in subsection (a) of this section. (c) The Commission shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. (d) In determining the amount of insurance to which an employee is entitled— (1) a change in rate of pay under section 5337 of this title is deemed effective as of the first day of the pay period after the pay period in which the payroll change is approved; and (2) a change in rate of pay under section 5343 of this title is deemed effective as of the date of issuance of the order granting the increase or the effective date of the increase, whichever is later. § 8705. Death claims; order of precedence; escheat (a) The amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of prece- dence: First, to the beneficiary or beneficiaries designated by the em- ployee in a writing received in the employing office before death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the em- ployee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee. Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death. (b) If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of prece- dence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regula- tion, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person. (c) If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Civil Service Commission nor the administrative office established by the company concerned pursuant to section 8709(b) of this title has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Commission is equitablj^ entitled thereto, and the payment bars recovery by any other person. (d) If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees' Life Insurance Fund.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 595 § 8706. Termination of insurance (a) A policy purchased under this chapter shall contain a provision, approved by the Civil Service Commission, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a pro- vision for temporary extension of life insurance coverage and for con- version to an individual policy of life insurance under conditions approved by the Commission. (b) If on the date the insurance would otherwise stop the employee retires on an immediate annuity and— (1) his retirement is for disability; or (2) he has completed 12 years of creditable service as deter- mined by the Commission; his life insurance only may be continued, without cost to him, under conditions determined by the Commission. Periods of honorable, active service in the armed forces shall be credited toward the re- quired 12 years if the employee has completed at least 5 years of civilian service. The amount of life insurance continued under this subsection shall be reduced by 2 percent at the end of each full calen- dar month after the date the employee becomes 65 years of age or retires, whichever is later. The Commission may prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced. (c) If on the date the insurance would otherwise stop the employee is receiving benefits under subchapter I of chaj^ter 81 of this title because of disease or injury to himself, his life insurance only may be continued, without cost to him, under conditions determined by the Commission while he is receiving the benefits and is held by the Department of Labor to be unable to return to duty. (d) The insurance granted to an employee stops, except for a 31-day extension of life insurance coverage, on the day immediately before liis entry on active duty or active duty for training unless the period of duty is covered by military leave with pay. The insurance does not stop during a period of inactive duty training. For the purpose cf this subsection, the terms "active duty", "active duty for training", and "inactive duty training" have the meanings given them by section 101 of title 38. § 8707. Employee deductions; withholding During each period in which an employee is insured under a policy of insurance purchased by the Civil Service Commission under section 8709 of this title, an amount determined by the Commission shall be withheld from the pay of the employee as his share of the cost of his group life and accidental death and dismemberment insurance. The amount may not exceed the rate of 25 cents biweekly for each $1,000 of his group life insurance. The amount withheld from an employee paid on other than a biweekly basis is determined at a proportional rate adjusted to the nearest cent. § 8708. Government contributions (a) For each period in which an employee is insured under a policy of insurance purchased by the Civil Service Commission under section 8709 of this title, a sum computed at a rate determined by the Com- mission shall be contributed from the appropriation or fund which is used to pay him. The sum may not exceed one-half the amount which is withheld from the pay of the employee under section 8707 of this title.
596 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) When an employee is paid by the Clerk of the House of Kej)re- sentativeSj the Clerk may contribute the sum required by subsection (a) of this section from the contingent fund of the House. * (c) When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment. § 8709. Insurance policies (a) The Civil Service Commission, without regard to section 5 of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismember- ment insurance to provide the benefits specified by this chapter. A company must meet the following requirements: (1) I t must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia. (2) I t must have in effect, on the most recent December 31 for which information is available to the Commission, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies. (b) A company issuing a policy under subsection (a) of this sec- tion shall establish an administrative office under a name approved by the Commission. (c) The Commission at any time may discontinue a policy pur- chased from a company under subsection (a) of this section. §8710. Reinsurance (a) The Civil Service Commission shall arrange with a company issuing a policy under this chapter for the reinsurance, under con- ditions approved by the Commission, of portions of the total amount of insurance under the policy, determined under this section, with other life insurance companies which elect to participate in the reinsurance. (b) The Commission shall determine for and in advance of a policy year which companies are eligible to participate as reinsurers and the amount of insurance under a policy which is to be allocated to the issuing company and to reinsurers. The Commission shall make this determination at least every 3 years and when a participating com- pany withdraws. (c) The Commission shall establish a formula under which the amount of insurance retained by an issuing company after ceding re- insurance, and the amount of reinsurance ceded to each reinsurer, is in proportion to the total amount of each company's group life insur- ance, excluding insurance purchased under this chapter, in force in the United States on the determination date, which is the most recent December 31 for which information is available to the Commission. In determining the proportions, the portion of a company's group life insurance in force on the determination date in excess of $100,000,000 shall be reduced by— (1) 25 percent of the first $100,000,000 of the excess; (2) 50 percent of the second $100,000,000 of the excess; (3) 75 percent of the third $100,000,000 of the excess; and (4) 95 percent of the remaining excess. However, the amount retained by or ceded to a company may not exceed 25 percent of the amount of the company's total life insurance in force in the United States on the determination date.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 597 (d) A fraternal benefit association which is— (1) licensed to transact life insurance under the laws of a State or the District of Columbia; and (2) engaged in issuing insurance certificates on the lives of employees of the United States exclusively; is eligible to act as a reinsuring company and may be allocated an amount of reinsurance equal to 25 percent of its total life insurance in force on employees of the United States on the determination date named by subsection (c) of this section. (e) An issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from December 31, 1953, to the determination date, in the amount of the company's group life insurance under policies issued to associations of employees of the United States. However, any in- crease under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Commission. (f) The Commission may modify the computations under this sec- tion as necessary to carry out the intent of this section. § 8711. Basic tables of premium rates (a) A policy purchased under this chapter shall include, for the first policy year, basic tables of premium rates as follows: (1) For group life insurance, a schedule of basic premium rates by age which the Civil Service Commission determines to be consistent with the lowest schedule of basic premium rates gener- ally charged for new group life insurance policies issued to large employers. (2) F o r group accidental death and dismemberment insurance, a basic premium rate which the Commission determines is con- sistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large em- ployers. The schedule for group life insurance, except as otherwise provided by this section, shall be applied to the distribution by age of the amounts of group life insurance under the policy at its date of issuance to determine an average basic premium rate per $1,000 of life insur- ance. (b) The policy shall provide that the basic premium rates de- termined for the first policy year continue for later policy years except as readjusted for a later vear based on experience under the policy. The company issuing the policy may make the readjust- ment on a basis that the Commission determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers. (c) The policy shall provide that if the Commission determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Commis- sion may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Commission, on request by the company issuing the policy, shall redetermine the tentative average premiuni rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year.
598 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (d) The policy shall stipulate the maximum expense and risk charges for the first policy year. The Commission shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large em- ployers. The maximum charges continue from year to year, except that the Commission may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least 1 year before the beginning of the year for which the redetermined maximum charges will be effective. § 8712. Annual accounting; special contingency reserve A policy purchased under this chapter shall provide for an account- ing to the Civil Service Commission not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Commission— (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year; (2) the total of all mortality and other claim charges incurred for that period; and (3) the amounts of the insurers' expense and risk charges for that period. An excess of the total of paragraph (1) of this section over the sum of paragraphs (2) and (3) of this section shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy. The reserve shall bear in- terest at a rate determined in advance of each policy year by the com- pany and approved by the Commission as being consistent with the rates generally used by the company for similar funds held under other group life insurance policies. When the Commission determines that the special contingency reserve has attained an amount estimated by it to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited in the Treasury of the United States to the credit of the Employees' Life Insurance Fund. When a policy is discontinued, any balance remain- ing in the special contingency reserve after all charges have been made shall be deposited in the Treasury to the credit of the Fund. The company may make the deposit in equal monthly installments over a period of not more than 2 years. §8713. Advisors (a) There is an Advisory Council on Group Insurance consisting of the Secretary of the Treasury as Chairman, the Secretary of Labor, and the Director of the Bureau of the Budget. The Council mem- bers serve without additional pay. The Council shall— (1) meet once a year, or oftener as called by the Civil Service Commission; (2) review the operations under this chapter; and (3) advise the Commission on matters of policy relating to its activities thereunder. (b) The Chairman of the Commission shall appoint a committee composed of five employees insured under this chapter, who serve without additional pay, to advise the Commission regarding matters of concern to employees under this chapter. § 8714. Employees' Life Insurance Fund (a) The amounts withheld from employees under section 8707 of this title and the sums contributed from appropriations and funds
80 STAT. PUBLIC LAW 89-554-SEPT. 6, 1966 599 under section 8708 of this title shall be deposited in the Treasury of the United States to the credit of the Employees' Life Insurance Fund. The F u n d is available without fiscal year limitation for— (1) premium payments under an insurance policy purchased under this chapter; and (2) expenses incurred by the Civil Service Commission in the administration of this chapter within the limitations that may be specified annually by appropriation acts. (b) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations, and the income derived from dividend or premium rate adjustments from insurers, become a part of the Fund. § 8715. Jurisdiction of courts The district courts of the United States have original jurisdiction, concurrent with the Court of Claims, of a civil action or claim against the United States founded on this chapter. § 8716. Regulations (a) The Civil Service Commission may prescribe regulations neces- sary to carry out the purposes of this chapter. (b) The regulations of the Commission may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. T h e Commission, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appoint- ment, seasonal, intermittent or part-time employment, and employ- ment of like nature. The Commission may not exclude— (1) an employee or group of employees solely on the basis of the hazardous nature of employment; or (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years. (c) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8701 (a) (8) of this title. CHAPTER 89—HEALTH INSURANCE Sec. 8901. Definitions. 8902. Contracting authority. 8903. Health benefits plans. 8904. Types of benefits. 8905. Election of coverage. 8906. Contributions. 8907. Information to employees. 8908. Coverage of restored employee. 8909. Employees Health Benefits Fund. 8910. Studies, reports, and audits. 8911. Advisory committee. 8912. Jurisdiction of courts. 8913. Regulations.
600 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. §8901. Definitions. For the purpose of this chapter— (1) "employee" means— (A) an employee as defined by section 2105 of this title; (B) a Member of Congress as defined by section 2106 of this title; (C) a Congressional employee as defined by section 2107 of this title; (D) the President; ( E ) an individual employed by the government of the District of Columbia; ( F ) an individual employed by Gallaudet College; (G) a United States Commissioner to whom subchapter I I I of chapter 83 of this title applies by operation of section 8331(1) (E) of this title; and ( H ) an individual employed by a county committee established under section 590h(b) of title 16; but does not include— (i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (ii) a noncitizen employee whose permanent duty station is outside the United States; (iii) an employee of the Tennessee Valley Authority; or (iv) an employee excluded by regulation of the Civil Serv- ice Commission under section 8913 (b) of this title; (2) "Government" means the Government of the United States and the government of the District of Columbia; (3) "annuitant" means— (A) an employee who retires on an immediate annuity un- der subchapter I I I of chapter 83 of this title or another re- tirement system for employees of the Government, after 12 or more years of service or for disability; (B) a member of a family who receives an immediate annuity as the survivor of a retired employee described by subparagraph (A) of this paragraph or of an employee who dies after completing 5 or more years of service; (C) an employee who receives monthly compensation un- der subchapter I of chapter 81 of this title and who is deter- mined by the Secretary of Labor to be unable to return to duty; and (D) a member of a family who receives monthly com- pensation under subchapter I of chapter 81 of this title as the surviving beneficiary of— (i) an employee who, having completed 5 or more years of service, dies as a result of injury or illness com- pensable under that subchapter; or (ii) a former employee who is separated after having completed 5 or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to duty; (4) "service", as used by paragraph (3) of this section, means service which is creditable under subchapter I I I of chapter 83 of this title;
80 STAT. ] PUBUC LAW 89.554-SEPT. 6, 1966 601 (5) "member of family" means the spouse of an employee or annuitant and an unmarried child under 21 years of age, including— (A) an adopted child; and (B) a stepchild, foster child, or recognized natural child who lives with the employee or annuitant in a regular parent- child relationship; or such an unmarried child regardless of a^e who is incapable of self-support because of mental or physical disability which existed before age 21; (6) "health benefits plan" means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services; (7) "carrier" means a voluntary association, corporation, part- nership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost oi, health services under group insurance policies or contracts, medi- cal or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, includ- ing a health benefits plan duly sponsored or underwritten by an employee organization; and (8) "employee organization" means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter, and which, before January 1, 1964, applied to the Com- mission for approval of a plan provided under section 8903(3) of this title. § 8902. Contracting authority (a) The Civil Service Commission may contract with qualified carriers offering plans described by section 8903 of this title, without regard to section 5 of title 41 or other statute requiring competitive bidding. Each contract shall be for a uniform term of at least 1 year, but may be made automatically renewable from term to term in the absence of notice of termination by either party, (b) To be eligible as a carrier for the plan described by section 8903(2) of this title, a company must be licensed to issue group health insurance in all the States and the District of Columbia. (c) A contract for a plan described by section 8903(1) or (2) of this title shall require the carrier— (1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the United States during the latest year for which the information is available, to be determined by the carrier and approved by the Commission; or (2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Commission. (d) Each contract under this chapter shall contain a detailed statement of benefits offered and shall include such maximums, limi- tations, exclusions, and other definitions of benefits as the Commission considers necessary or desirable.
602 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (e) The Commission may prescribe reasonable minimum standards for health benefits plans described by section 8903 of this title and for carriers offering the plans. Approval of a plan may be withdrawn only after notice and opportunity for hearing to the carrier concerned without regard to subchapter I I of chapter 5 and chapter 7 of this title. The Commission may terminate the contract of a carrier effec- tive at the end of the contract term, if the Commission finds that at no time during the preceding two contract terms did the carrier have 300 or more employees and annuitants, exclusive of family members, enrolled in the plan. (f) A contract may not be made or a plan approved which excludes an individual because of race, sex, health status, or, at the time of the first opportunity to enroll, because of age. (g) A contract may not be made or a plan approved which does not offer to each employee or annuitant whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which he may exercise the option to convert, with- out evidence of good health, to a nongroup contract providing health benefits. An employee or annuitant who exercises this option shall pay the full periodic charges of the nongroup contract. (h) The benefits and coverage made available under subsection (g) of this section are noncancelable by the carrier except for fraud, over- insurance, or nonpayment of periodic charges. (i) Rates charged under health benefits plans described by section 8903 of this title shall reasonably and equitably reflect the cost of the benefits provided. Rates under health benefits plans described by sec- tion 8903 (1) and (2) of this title shall be determined on a basis which, in the judgment of the Commission, is consistent with the low- est schedule of basic rates generally charged for new group health benefit plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, ex- cept that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Commission, is consistent with the general practice of carriers which issue group health benefit plans to large employers. § 8903. Health benefits plans The Civil Service Commission may contract for or approve the following health benefits plans: (1) SERVICE BENEFIT PLAN.—One Government-wide plan, offering two levels of benefits, under which payment is made by a carrier under contracts with physicians, hospitals, or other pro- viders of health services for benefits of the types described by sec- tion 8904(1) of this title given to employees or annuitants, or members of their families, or, under certain conditions, payment is made by a carrier to the employee or annuitant or member of his family. (2) INDEMNITY BENEFIT PLAN.—One Government-wide plan, offering two levels of benefits, under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses in- curred, for benefits of the types described by section 8904(2) of this title. (3) EMPLOYEE ORGANIZATION PLANS.—Employee organization plans which offer benefits of the types referred to by section 8904 (3) of this title, which are sponsored or underwritten, and are ad- ministered, in whole or substantial part, by employee organiza-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 603 tions, which are available only to individuals, and members of their families, who at the time of enrollment are members of the organization. (4) COMPREHENSIVE MEDICAL PLANS.— ( A ) GROUP-PRACTICE PREPAYMENT PLANS.—Group-practice prepayment plans which offer health benefits of the types referred to by section 8904(4) of this title, in whole or in substantial part on a prepaid basis, with professional serv- ices thereunder provided by physicians practicing as a group in a common center or centers. The group shall include phy- sicians representing at least three major medical specialties who receive all or a substantial part of their professional in- come from the prepaid funds. (B) INDIVIDUAL-PRACTICE PREPAYMENT PLANS.—Individ- ual-practice prepayment plans which offer health services in whole or substantial part on a prepaid basis, with profes- sional services thereunder provided by individual physicians who agree, under certain conditions approved by the Com- mission, to accept the payments provided by the plans as full payment for covered services given by them including, in ad- dition to in-hospital services, general care given in their offices and the patients' homes, out-of-hospital diagnostic proce- dures, and preventive care, and which plans are offered by organizations which have successfully operated similar plans before approval by the Commission of the plan in which em- ployees may enroll. § 8904. Types of benefits The benefits to be provided under plans described by section 8903 of this title may be of the following types: (1) SERVICE BENEFIT P L A N . — (A) Hospital benefits. (B) Surgical benefits. (C) In-hospital medical benefits. (D) Ambulatory patient benefits. (E) Supplemental benefits. (F) Obstetrical benefits. (2) INDEMNITY BENEFIT P L A N . — ^A) Hosj)ital care. (B) Surgical care and treatment. (C) Medical care and treatment. (D) Obstetrical benefits. (E) Prescribed drugs, medicines, and prosthetic devices. (F) Other medical supplies and services. (3) EMPLOYEE ORGANIZATION PLANS.—Benefits of the types named under paragraph (1) or (2) of this section or both. (4) COMPREHENSIVE MEDICAL PLANS.—Benefits of the types named under paragraph (1) or (2) of this section or both. All plans contracted for under paragraphs (1) and (2) of this sec- tion shall include benefits both for costs associated with care in a gen- eral hospital and for other health services of a catastrophic nature. § 8905. Election of coverage (a) A n employee may enroll in an approved health benefits plan described by section 8903 of this title either as an individual or for self and family.
604 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. (b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter— (1) as an employee for a period of not less than— (A) the 5 years of service immediately before retirement; (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Civil Service Commission, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or (C) the full period or periods of service beginning with the enrollment which became effective before January 1,1965, and ending with the date on which he becomes an annuitant; whichever is shortest; or (2) as a member of the family of an employee or annuitant; may continue his enrollment under the conditions of eligibility pre- scribed by regulations of the Commission. (c) If an employee has a spouse who is an employee, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee or annuitant and as a member of the family. (d) An employee or annuitant enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions pre- scribed by regulations of the Commission. (e) An employee or annuitant may transfer his enrollment from a health benefits plan described by section 8903 of this title to another plan described by that section at the times and under the conditions prescribed by regulations of the Commission. §8906. Contributions (a) Except as provided by subsection (b) of this section, the Gov- ernment contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter, in addition to the contributions required by subsection (c) of this section, is 60 percent of the lowest rates charged by a carrier for a level of benefits offered by a plan under section 8903 (1) or (2) of this title, but— (1) not less than $1.25 or more than $1.75 biweekly for an employee or annuitant who is enrolled for self alone; and (2) not less than $3 or more than $4.25 biweekly for an em- ployee or annuitant who is enrolled for self and family. (b) The Government contribution for an employee or annuitant enrolled in a plan described by section 8903 (3) or (4) of this title for which the biweekly subscription charge is less than twice the Govern- ment contribution established under subsection (a) of this section, is 50 percent of the subscription charge. (c) There shall be withheld from the pay of each enrolled employee and the annuity of each enrolled annuitant and there shall be con- tributed by the Government, amounts, in the same ratio as the con- tributions of the employee or annuitant and the Government under subsections (a) and (b) of this section, which are necessary for the administrative costs and the reserves provided for by section 8909 (b) of this title. (d) The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 605 (e) An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Commission. The regulations may provide for the waiving of con- tributions by the employee and the Government. (f) The Government contributions for health benefits for an em- ployee shall be paid— (1) in the case of employees generally, from the appropriation or fund which is used to pay the employee; (2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment; (3) in the case of an employee of the legislative branch who is paid by the Clerk of the House of Kepresentatives, from the contingent fund of the House; and (4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status. (g) The Government contributions authorized by subsection (a) of this section for health benefits for an annuitant shall be paid from an- nual appropriations which are authorized to be made for that purpose. (h) The Commission shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent. § 8907. Information to employees (a) The Civil Service Commission shall make available to each employee eligible to enroll in a health benefits plan under this chapter such information, in a form acceptable to the Commission after con- sultation with the carrier, as may be necessary to enable the employee to exercise an informed choice among the types of plans described by section 8903 of this title. (b) Each employee enrolled in a health benefits plan shall be issued an appropriate document setting,forth or summarizing the— (1) services or benefits, including maximums, limitations, and exclusions, to which the employee or the employee and members of his family are entitled thereunder; (2) procedure for obtaining benefits; and (3) principal provisions of the plan affecting the employee or members of his family. § 8908. Coverage of restored employee An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or re- stored to duty on the ground that the removal or suspension was un- justified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place. § 8909. Employees Health Benefits Fund (a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Civil Service Com- mission. The contributions of employees, annuitants, and the Govern- 65-300 0-67—41
606 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. ment described by section 8906 of this title shall be paid into the Fund. The Fund is available— (1) without fiscal year limitation for all payments to approved health benefits plans; and (2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress. (b) Portions of the contributions made by employees, annuitants, and the Government shall be regularly set aside in the Fund as follows: (1) A percentage, not to exceed 1 percent of all contributions, determined by the Commission to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section. (2) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Commission to be reasonably adequate to provide a contingency reserve. The Commission, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Commission. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The con- tingency reserves may be used to defray increases in future rates, or may be applied to reduce the contributions of employees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Commission from time to time shall determine. (c) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations become a part of the Fund. (d) When the assets, liabilities, and membership of employee orga- nizations sponsoring or underwriting plans approved under section 8903(3) of this title are merged, the assets (including contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall be transferred at the beginning of the con- tract term next following the date of the merger to the plan sponsored or underwritten by the successor organization. Each employee or annuitant affected by a merger shall be transferred to the plan spon- sored or underwritten by the successor organization unless he enrolls in another plan under this chapter. (e) Except as provided by subsection (d) of this section, when a plan described by section 8903 (3) or (4) of this title is discontinued under this chapter, the contingency reserve of that plan shall be cred- ited to the contingency reserves of the plans continuing under this chapter for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination. § 8910. Studies, reports, and audits (a) The Civil Service Commission shall make a continuing study of the operation and administration of this chapter, including sur- veys and reports on health benefits plans available to employees and on the experience of the plans.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 607 (b) Each contract entered into under section 8902 of this title shall contain provisions requiring carriers to— (1) furnish such reasonable reports as the Commission deter- mines to be necessary to enable it to carry out its functions under this chapter; and (2) permit the Commission and representatives of the General Accounting Office to examine records of the carriers as may be necessary to carry out the purposes of this chapter. (c) Each Government agency shall keep such records, make such certifications, and furnish the Commission with such information and reports as may be necessary to enable the Commission to carry out its functions under this chapter. § 8911. Advisory committee The Chairman of the Civil Service Commission shall appoint a com- mittee composed of five members, who serve without pay, to advise the Commission regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee en- rolled under this chapter or an elected official of an employee orga- nization. § 8912. Jurisdiction of courts The district courts of the United States have original jurisdiction, concurrent with the Court of Claims, of a civil action or claim against the United States founded on this chapter. §8913. Regulations (a) The Civil Service Commission may prescribe regulations neces- sary to carry out this chapter. (b) The regulations of the Commission may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by section 8903 of this title. The regulations may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal or inter- mittent employment, and employment of like nature. The Com- mission may not exclude— (1) an employee or group of employees solely on the basis of the hazardous nature of employment; or (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years. (c) The regulations of the Commission shall provide for the begin- ning and ending dates of coverage of employees and annuitants and members of their families under health benefits plans. The regula- tions may permit the coverage to continue, exclusive of the temporary extension of coverage described by section 8902(g) of this title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant ceases to be entitled to annuity, and in case of the death of an employee or an- nuitant, may permit a temporary extension of the coverage of mem- bers of his family for not to exceed 90 days. (d) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8901(1) ( H ) of this title.
608 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. 61 Stat. 643. s^c. 2. (a) Sectloii 42 of title 4, United States Code, is amended to read as follows: "§ 42. S a m e ; custody and use of "The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902(a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor." (b) The analysis of chapter 4 of title 4, United States Code, is amended by redesignating item 111 as "112", and by inserting after item 110: "111. Same; taxation affecting Federal employees; income tax." (c) Chapter 4 of title 4, United States Code, is further amended by redesignating section 111 as "112", and by inserting after section 110: **§ 111. Same; taxation affecting Federal employees; income tax "The United States consents to the taxation of pay or compensa- tion for personal service as an officer or employee of the United States, a territory or possession or political subdivision thereof, the govern- ment of the District of Columbia, or an agency or instrumentality of one or more of the foregoing, by a duly constituted taxing authority having jurisdiction, if the taxation does not discriminate against the officer or employee because of the source of the pay or compensation." SEC. 3. (a) The analysis of chapter 15 of title 18, United States Code, is amended by adding the following: "292. Solicitation of employment and receipt of unapproved fees concerning Federal employees' compensation." 62 Stat. 6 9 7 . (b) Chapter 15 of title 18, United States Code, is amended by add- ing the following new section; ^§ 292. Solicitation of employment and receipt of unapproved fees concerning F e d e r a l employees* compensation "Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or "Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gratuity is approved by the Secretary of Labor— "Shall, for each offense, be fined not more than $1,000 or imprisoned not more than one year, or both." 62 Stat. 790. (c) The analysis of chapter 93 of title 18, United States Code, is amended by adding the following: "1916. Unauthorized employment and disposition of lapsed appropriations. "1917. Interference with civil seirice examinations. "1918. Disloyalty and asserting the right to strike against the Government. "1919. False statement to obtain unemployment compensation for Federal service. "1920. False statement to obtain Federal employees' compensation. "1921. Receiving Federal employees' compensation after marriage. "1922. False or vpithheld report concerning Federal employees' compensation. "1923. Fraudulent receipt of payments of missing i>ersons." (d) Chapter 93 of title 18, United States Code, is amended by add- ing the following new sections: "§1916. Unauthorized employment a n d disposition of lapsed appropriations "Whoever— "(1) violates the provision of section 3103 of title 5 that an individual may be employed in the civil service in an Executive
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 609 department at the seat of Government only for services actually rendered in connection with and for the purposes of the appro- priation from which he is paid; or "(2) violates the provision of section 5501 of title 5 that money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States; shall be fined not more than $1,000 or imprisoned not more than one year. "§ 1917. Interference with civil service examinations "Wlioever, being a member or employee of the United States Civil Service Commission or an individual in the public service, willfully and corruptly— "(1) defeats, deceives, or obstructs an individual in respect of his right of examination according to the rules prescribed by the President under title 5 for the administration of the competitive service and the regulations prescribed by the Commission under section 1302(a) of title 5; "(2) falsely marks, grades, estimates, or reports on the exam- ination or proper standing of an individual examined; "(3) makes a false representation concerning the mark, grade, estimate, or report on the examination or proper standing of an individual examined, or concerning the individual examined; or "(4) furnishes to an individual any special or secret informa- tion for the purpose of improving or injuring the prospects or chances of an individual examined, or to be examined, being ap- pointed, employed, or promoted; shall, for each offense, be fined not less than $100 nor more than $1,000 or imprisoned not less than ten days nor more than one year, or both. "§ 1918. Disloyalty and asserting the right to strike against the Government "Whoever violates the provision of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he— "(1) advocates the overthrow of our constitutional form of government; "(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government; "(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or "(4) is a member of an organization of employees of the Gov- ernment of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia; shall be fined not more than $1,000 or imprisoned not more than one year and a day, or both. "§ 1919. False s t a t e m e n t to obtain unemployment compensation for F e d e r a l service "Whoever makes a false statement or representation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment authorized to be paid under chapter 85 of title 5 or under an agreement thereunder, shall be fined not more than $1,000 or im- prisoned not more than one year, or both.
610 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. "§1920. False statement to obtain Federal employees* compen- sation "Whoever makes, in an affidavit or report required by section 8106 of title 5 or in a claim for compensation under subchapter I of chapter 81 of title 5, a statement, knowing it to be false, is guilty of perjury and shall be fined not more than $2,000 or imprisoned not more than one year, or both. "§1921. Receiving Federal employees' compensation after mar- riage "Whoever, being entitled to compensation under sections 8107-8113 and 8133 of title 5 and whose compensation by the terms of those sec- tions stops or is reduced on his marriage or on the marriage of his dependent, accepts after such marriage any compensation or payment to which he is not entitled shall be fined not more than $2,000 or im- prisoned not more than one year, or both. '*§ 1922. False or withheld report concerning Federal employees* compensation "Whoever, being an officer or employee of the United States charged with the responsibility for making the reports of the immediate su- perior specified by section 8120 of title 6, willfully fails, neglects, or refuses to make any of the reports, or knowingly files a false report, or induces, compels, or directs an injured employee to forego filing of any claim for compensation or other benefits provided under sub- chapter I of chapter 81 of title 5 or any extension or application there- of, or willfully retains any notice, report, claim, or paper which is required to be filed under that subchapter or any extension or applica- tion thereof, or regulations prescribed thereunder, shall be fined not more than $500 or imprisoned not more than one year, or both. "§ 1923. Fraudulent receipt of payments of missing persons "Whoever obtains or receives any money, check, or allotment under— "(1) subchapter V I I of chapter 55 of title 5; or ^°^'' p- ^25. «(2) chapter 10 of title 37; without being entitled thereto, with intent to defraud, shall be fined not more than $2,000 or imprisoned not more than one year, or both." 62 Stat. 847. (g) rp|^g aualysis of chapter 301 of title 18, United States Code, is amended by adding the following: "4010. Acquisition of additional land. "4011. Disposition of cash collections for meals, laundry, etc." (f) Chapter 301 of title 18, United States Code, is amended by adding tlie following new sections: "§ 4010. Acquisition of additional land "Tlie Attorney OJeneral may, when authorized by law, acquire land adjacent to or in the vicinity of a Federal penal or correctional in- stitution if he considers the additional land essential to the protection of the health or safety of the inmates of the institution. "§ 4011. Disposition of cash collections for meals, laundry, etc. "Collections in cash for meals, laundry, barber service, uniform equipment, and other items for which payment is made originally from appropriations for the maintenance and operation of Federal penal and correctional institutions, may be deposited in the Treasury to the credit of the appropriation currently available for those items when the collection is made."
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 611 62 Stat. 9 0 9 . SEC. 4. (a) The analysis of title 28, United States Code, is amended by striking out: "II. UNITED STATES ATTORNEYS AND MARSHALS 501" and inserting in place thereof: "II. DEPARTMENT OF JUSTICE 501" (b) Part I I of the subanalysis of title 28, United States Code, is amended to read as follows: "PART II—DEPARTMENT OF JUSTICE "31. T H E ATTOBNET GENEBAL 501 "33. FEDEBAL BUBEAU OF INVESTIGATION 531 "35. UNITED STATES ATTORNETS 541 "37. UNITED STATES MARSHALS 561" (c) Part I I of title 28, United States Code, is amended to read as follows: "PAKT II—DEPARTMENT OF JUSTICE "CHAPTBB Sec. "31. T H E ATTORNEY GENERAL 501 "33. FEDERAL BUBEAU OF INVESTIGATION 531 "35. UNITED STATES ATTORNEYS 541 "37. UNITED STATES MARSHALS 561 "CHAPTER 31—THE ATTORNEY GENERAL ••Sec. "501. Executive department. "502. Seal. "503. Attorney General. "504. Deputy Attorney General. "505. Solicitor General. "506. Assistant Attorneys General. "507. Assiistant Attorney General for Administration. "508. Vacancies. "509. Functions of the Attorney General. > "510. Delegation of authority. "511. Attorney General to advise the President. "512. Attorney General to advise heads of executive departments. "513. Attorney General to advise Secretaries of military departments. "514. Legal services on pending claims in departments and agencies. "515. Authority for legal proceedings; commission, oath, and salary for special attorneys. "516. Conduct of litigation reserved to Department of Justice. "517. Interests of United States in pending suita "518. Conduct and argument of cases. "519. Supervision of litigation. "520. Transmission of petitions in Court of Claims; statement furnished by departments. "521. Publication and distribution of opinions. "522. Report of business and statistics. "523. Requisitions. "524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs. "525. Procurement of law books, reference books, and periodicals; sale and exchange. "526. Authority of the Attorney General to investigate United States attorneys and marshals, clerks of court, and others. "§ 501. Executive department "The Department of Justice is an executive department of the United States at the seat of Government. •*§502. Seal "The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President.
612 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. "§ 503. Attorney General "The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The At- torney General is the head of the Department of Justice. "§ 504. Deputy Attorney General "The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General. "§ 505. Solicitor General "The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties. **§ 506. Assistant Attorneys General "The President shall appoint, by and with the advice and consent of the Senate, nine Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. "§ 507. Assistant Attorney General for Administration " ( a ) The Attorney General shall appoint, with the appjroval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. "(b) The position of Assistant Attorney General for Administra- tion is in the competitive service. "§ 508. Vacancies " ( a ) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. " ( b ) When, by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General. **§ 509. Functions of the Attorney General "All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions— " (1) vested by subchapter I I of chapter 5 of title 5 in hearing examiners employed by the Department of Justice; "(2) of the Federal Prison Industries, Inc.; "(3) of the Board of Directors and officers of the Federal Prison Industries, Inc.; and "(4) of the Board of Parole. **§ 510. Delegation of authority "The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General. "§ 511. Attorney General to advise the President "The Attorney General shall give his advice and opinion on ques- tions of law when required by the President.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 613 **§512. Attorney General to advise heads of executive depart- ments "The head of an executive department may require the opinion of the Attorney General on questions of law arising in the adminis- tration of his department. **§ 513. Attorney General to advise Secretaries of military depart- ments "When a question of law arises in the administration of the Depart- ment of the Army, the Department of the Navy, or the Department of the Air Force, the cognizance of which is not given by statute to some other officer from whom the Secretary of the military department concerned may require advice, the Secretary of the military depart- ment shall send it to the Attorney General for disposition. **§ 514. Legal services on pending claims in departments and agen- cies "When the head of an executive department or agency is of the opinion that the interests of the United States require the service of counsel on the examination of any witness concerning any claim, or on the legal investigation of any claim, pending in the department or agency, he shall notify the Attorney General, giving all facts necessary to enable him to furnish proper professional service in attending the examination or making the investigation, and the Attorney General shall provide for the service. "§515. Authority for legal proceedings; commission, oath, and salary for special attorneys " ( a ) The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney Gen- eral under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, in- cluding grand jury proceedings and proceedings before committing magistrates, which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought. "(b) Each attorney specially retained under authority of the De- partment of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney at not more than $12,000. "§ 516. Conduct of litigation reserved to Department of Justice "Except as otherwise authorized by law, the conduct of litiga- tion in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the At- torney General. "§ 517. Interests of United States in pending suits "The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States. **§ 518. Conduct and argument of cases " (a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall con-
614 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. duct and argue suits and appeals in the Supreme Court and suits in the Court of Claims in which the United States is interested. " ( b ) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so. "§ 519. Supervision of litigation "Except as otherwise authorized by law, the Attorney General shall supervise all litigation to which the United States, an agency, or officer thereof is a party, and shall direct all United States attorneys, assistant United States attorneys, and special attorneys appointed under section 543 of this title in the discharge of their respective duties. "§520. Transmission of petitions in Court of Claims; s t a t e m e n t furnished by d e p a r t m e n t s " ( a ) I n suits against the United States in the Court of Claims founded on a contract, agreement, or transaction with an executive de- partment or milita,ry department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military depart- ment, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circum- stances, and evidence concerning the claim in the possession or knowl- edge of the department, bureau, or officer. " (b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bu- reau, or officer shall furnish the Attorney General with a written state- ment of all facts, information, and proofs. The statement shall con- tain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be neces- sary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the rea- sons and principles on which the decision was based. When the deci- sion was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively. '*§ 521. Publication and distribution of opinions "The Attorney General, from time to time— "(1) shall cause to be edited, and printed in the Government Printing Office, such of his opinions as he considers valuable for preservation in volumes; and
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 615 "(2) may prescribe the manner for the distribution of the volumes. Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve. *'§ 522. Report of business and statistics "The Attorney General, at the beginning of each regular session of Congress, shall report to Congress on the business oi the Depart- ment of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including— "(1) a statement of the several appropriations which are placed under the control of the Department and the amount appro- priated ; "(2) the statistics of crime under the laws of the United States; and "(3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States. ''§523. Requisitions "The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the General Accounting Office. '*§ 524. Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs "Appropriations for the Department of Justice are available for payment of— "(1) notarial fees, including such additional stenographic serv- ices as are required in connection therewith in the taking of deposi- tions, and compensation and expenses of witnesses and inform- ants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and "(2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. ''§ 525. Procurement of law books, reference books, and periodi- cals ; sale and exchange "In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor. **§526. Authority of Attorney General to investigate United States attorneys and marshals, clerks of court, and others " (a) The Attorney General may investigate the official acts, records, and accounts of— "(1) the United States attorneys and marshals; and " (2) at the request and on behalf of the Director of the Admin- istrative Office of the United States Courts, the clerks of the United States courts and of the district courts of the Canal Zone and the Virgin Islands, probation officers, referees, trustees and receivers in bankruptcy. United States commissioners, and court reporters;
616 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. for which purpose all the official papers, records, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time. " ( b ) Appropriations for the examination of judicial officers are available for carrying out this section. "CHAPTER 33—FEDERAL BUREAU OF INVESTIGATION "Sec. "531. Federal Bureau of Investigation. "532. Director of Federal Bureau of Investigation. "533. Investigative and other officials ; appointment. "534. Acquisition, preservation, and exchange of identification records; appoint- ment of officials. "535. Investigation of crimes involving Government officers and employees; limitations. "536. Positions in excepted service. "537. Expenses of unforeseen emergencies of a confidential nature. '*§ 531. Federal Bureau of Investigation "The Federal Bureau of Investigation is in the Department of Justice. "§ 532. Director of the Federal Bureau of Investigation "The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation. "§ 533. Investigative and other officials; appointment "The Attorney General may appoint officials— "(1) to detect and prosecute crimes against the United States; "(2) to assist in the protection of the person of the President; and "(3) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as niay be directed by the Attorney General. This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies. "§534. Acquisition, preservation, and exchange of identification records; appointment of officials " ( a ) The Attorney General shall— "(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records; and "(2) exchange these records with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions. " ( b ) The exchange of records authorized by subsection (a) (2) of this section is subject to cancellation if dissemmation is made outside the receiving departments or related agencies. "(c) The Attorney General may appoint officials to perform the functions authorized by this section. "§ 535. Investigation of crimes involving Government officers and employees; limitations " ( a ) The Attorney General and the Federal Bureau of Investiga- tion may investigate any violation of title 18 involving Government officers and employees— "(1) notwithstanding any other provision of law; and "(2) without limiting the authority to investigate any matter
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 617 which is conferred on them or on a department or agency of the Government. " ( b ) Any information, allegation, or complaint received in a department or agency of the executive branch of the Government relating to violations of title 18 involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, unless— "(1) the responsibility to perform an investigation with re- spect thereto is specifically assigned otherwise by another pro- vision of law; or "(2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint. "(c) This section does not limit— "(1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or "(2) the primary authority of the Postmaster General to in- vestigate postal offenses. "§ 536. Positions in excepted service "All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service. "§ 537. Expenses of unforeseen emergencies of a confidential character "Appropriations for the Federal Bureau of Investigation are avail- yble for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent. "CHAPTER 35—UNITED STATES ATTORNEYS "Sec, "541. United States attorneys. "542. Assistant United States attorneys. "543. Special attorneys. "544. Oath of office. "545. Residence. "546. Vacancies. *'547. Duties. "548. Salaries. "549. Expenses. "550. Clerical assistants and messengers. "§ 541. United States attorneys " ( a ) The President shall appoint, by and with the advice and con- sent of the Senate, a United States attorney for each judicial district. " ( b ) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. "(c) Each United States attorney is subject to removal by the President.
618 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. '*§ 542. Assistant United States attorneys " ( a ) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires. " ( b ) Each assistant United States attorney is subject to removal by the Attorney General. "§ 543. Special attorneys " ( a ) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires. " ( b ) Each attorney appointed under this section is subject to re- moval by the Attorney General. «§ 544. Oath of office "Each United States attorney, assistant United States attorney, and attorney appointed under section 543 of this title, before taking office, shall take an oath to execute faithfully his duties. '*§545. Residence " ( a ) Each United States attorney and assistant United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia and the Southern Dis- trict of New York may reside within 20 miles thereof. " ( b ) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed. **§546. Vacancies "The district court for a district in which the office of United States attorney is vacant may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. "§ 547. Duties "Except as otherwise provided by law, each United States attorney, within his district, shall— "(1) prosecute for all offenses against the United States; " (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned; "(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury; "(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and "(5) make such reports as the Attorney General may direct. «§548. Salaries "Subject to sections 5315-5317 of title 5, the Attorney General shall fix the annual salaries of United States attorneys, assistant United States attorneys, and attorneys appointed under section 543 of this title at rates of compensation not in excess of the highest rate of GS-18 of the General Schedule set forth in section 5332 of title 5. "§549. Expenses "Necessary office expenses of United States attorneys shall be al- lowed when authorized by the Attorney General.
80 STAT. ] PUBLIC LAW 89-554-SEPX. 6, 1966 619 **§ 550. Clerical assistants and messengers "The United States attorneys may employ clerical assistants and messengers on approval of the Attorney General. "CHAPTER 37—UNITED STATES MARSHALS "Sec. "561. United States marshals. "562. Deputy marshals and clerical assistants. "563. Oath of office. "564. Bond. "565. Vacancies. "566. Death of a marshal. "567. Expenses of marshals. "568. Availability of appropriations; transfer of prisoners to narcotic farms. "569. Powers and duties generally; supervision by Attorney General. "570. Power as sheriff. "571. Disbursement of salaries and moneys. "572. Collection of fees; accounting. "573. Delivery of prisoners to successor. "574. Delivery of unserved process to successor. "575. Practice of law prohibited. ''§ 561. United States marshals " ( a ) The President shall appoint, by and with the advice and con- sent of the Senate, a United States marshal for each judicial district. " ( b ) Each marshal shall be appointed for a term of four years. On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. " (c) The Attorney General shall designate places within the district for the official station and offices of each marshal. Each marshal shall reside within the district for which he was appointed, except that the marshal for the District of Columbia and the Southern District of New York may reside within 20 miles thereof. **§ 562. Deputy marshals and clerical assistants "The Attorney General may authorize a United States marshal to appoint deputies and clerical assistants. Each deputy marshal is sub- ject to removal by the marshal pursuant to civil-service regulations. "§ 563. Oath of office "Each United States marshal and deputy marshal before assuming the duties of his office shall take the following oath or affirmation: " 'I, ; , do solemnly swear (or affirm) that I will faithfully execute all lawful precepts directed to the under the authority of the United States, make true returns, take only lawful fees, and in all things well and truly, and without malice or partiality, perform the duties of the office of during my continuance in office. So help me God'. '*§564. Bond " ( a ) Each United States marshal, including a marshal appointed to serve during a vacancy, shall be bonded in the sum of $20,000 for the faithful performance of duty by himself and his deputies during his continuance in office and by his deputies after his death until his successor is appointed and qualifies. " ( b ) The Attorney General may require the United States marshal for the Southern District of New York to be bonded in a sum not exceeding $75,000 and any other United States marshal to be bonded in a sum not exceeding $40,000.
620 PUBUC LAW 89.554-SEPT. 6, 1966 [80 STAT. "(c) A person injured by a breach of a United States marshal's bond may sue thereon, in his own name, to recover his damages. Such an action shall be commenced within six years after the right accrues, but a person under legal disability may sue within three years after the removal of his disability. After judgment, the marshal's bond shall remain as security until the whole penalty has been recovered. "§565. Vacancies "The district court for a district in which the office of United States marshal is vacant may appoint a United States marshal to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. "§ 566. Death of a marshal " ( a ) On the death of a United States marshal, his deputy or deputies shall perform the duties of the deceased marshal in his name until his successor is appointed and qualifies. " ( b ) The default or misfeasance of a deputy is a breach of the deceased marshal's bond, and his executor or administrator has like remedies against the deputy for the default or misfeasance as the marshal would have had if he had continued in office. **§ 567. Expenses of marshals "Under regulations prescribed by the Attorney General, each United States marshal shall be allowed— " (1) his actual and necessary office expenses; "(2) the expense of transporting prisoners, including the cost of necessary guards and the travel and subsistence expense of prisoners and guards; and " (3) other necessary expenditures in line of duty, approved by the Attorney General. "§568. Availability of appropriations; transfer of prisoners to narcotic farms "Appropriations for salaries and expenses of United States mar- shals are available for actual and necessary expenses incident to the transfer of prisoners in the custody of the marshals to narcotic farms. "§569. Powers and duties generally; supervision by Attorney General " ( a ) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in his dis- trict, and of the Customs Court holding sessions in his district else- where than in the Southern and Eastern Districts of New York, and may, in the discretion of the respective courts, be required to attend any session of court. (b) United States marshals shall execute all lawful writs, process and orders issued under authority of the United States, including those of the courts and Government of the Canal Zone, and command all necessary assistance to execute their duties. "(c) The Attorney General shall supervise and direct United States marshals in the performance of public duties and accounting for pub- lic moneys. Each marshal shall report his official proceedings, re- ceipts and disbursements and the condition of his office as the Attorney General directs. "§ 570. Power as sheriff "A United States marshal and his deputies, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 621 "§ 571. Disbursement of salaries and moneys " ( a ) The United States marshals, under regulations prescribed by the Attorney General, shall pay the salaries, office expenses and travel and per diem allowances of United States attorneys, their assistants, clerks and messengers, and of the marshals, their deputies and clerical assistants. " ( b ) The United States marshals, under regulations prescribed by the Director of the Administrative Office of the United States Courts, shall pay the salaries, office expenses, and travel and per diem allow- ances of circuit and district judges, clerks of court and their deputies, court reporters, and other personnel of courts within their districts. "(c) On all disbursements made by United States marshals for official salaries or expenses, the certificate of the payee is sufficient without verification on oath. '*§ 572. Collection of fees; accounting " ( a ) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys. " ( b ) The marshal's accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by sections 1825 and 1871 of this title may not be reexamined to charge him for an erroneous payment of the fees or costs. **§ 573. Delivery of prisoners to successor "Each United States marshal shall deliver to his successor all prisoners in his custody. **§ 574. Delivery of unserved process to successor "All unserved process remaining in the hands of a United States marshal or his deputies shall be delivered to his successor. When a deputy marshal resigns or is removed, he shall deliver to the marshal all process in his hands. **§ 575. Practice of law prohibited "A United States marshal or deputy marshal may not practice law in any court of the United States." (d) The analysis of part V I of title 28, United States Code, is ^^ stat. 964. amended by inserting after item 157: "158. Orders of Federal Agencies; Review 2341". (e) P a r t V I of title 28, United States Code, is amended by inserting after chapter 157: "CHAPTER 158—ORDERS OF FEDERAL AGENCIES; REVIEW "Sec. "2341. Definitions. "2342. Jurisdiction of court of appeals. "2343. Venue. "2344. Review of orders ; time; notice ; contents of petitions; service. "2345. Prehearing conference. "2346. Certification of record on review. "2347. Petitions to review; proceedings. "2348. Representation in proceeding; intervention. "2349. Jurisdiction of the proceeding. "2350. Review in Supreme Court on certiorari or certification, "2351. Enforcement of orders by district courts. "2352. Rules. 65-300 0-67—42
622 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. ''§2341. Definitions "As used in this chapter— "(1) 'clerk' means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; " (2) 'petitioner' means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and "(3) 'agency' means— "(A) the Commission, when the order sought to be re- viewed was entered by the Federal Communications Commis- sion, the Federal Maritime Commission, or the Atomic Energy Commission, as the case may be; "(B) the Secretary, when the order was entered by the Secretary of Agriculture; and "(C) the Administration, when the order was entered by the Maritime Administration. ''§ 2342. Jurisdiction of court of appeals "The court of appeals has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of— "(1) all final orders of the Federal Communications Commis- sion made reviewable by section 402(a) of title 47; " (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under sections 210(e), 217a, and 499g(a) of title 7; "(3) such final orders of the Federal Maritime Commission or the Maritime Administration entered under chapters 23 and 23A of title 46 as are subject to judicial review under section 830 of title 46; and " ( 4 ) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42. Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. "§2343. Venue "The venue of a proceeding under this chapter is in the judicial cir- cuit in which the petitioner resides or has its principal office, or in the United States Court of Appeals for the Distract of Columbia Circuit. "§2344. Review of orders; time; notice; contents of petition; service "On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of- " (1) the «Jj- - nature -facts onofwhich the -- -proceedings as-to which review is sought; [ 2 S the venue.ispbased; "0[3) the grounds on which relief is sought; and *'^4) the relief prayed. The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt. "§ 2345. Prehearing conference "The court of appeals may hold a prehearing conference or direct a judge of the court to hold a prehearing conrerence.
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 623 **§ 2346. Certification of record on review "Unless the proceeding has been terminated on a motion to dismiss the petition, the agency shall file in the office of the clerk the record on review as provided by section 2112 of this title. "§ 2347. Petitions to review; proceedings " ( a ) Unless determined on a motion to dismiss, petitions to review orders reviewable under this chapter are heard in the court of appeals on the record of the pleadings, evidence adduced, and proceedings be- fore the agency, when the agency has held a hearing whether or not required to do so by law. " (b) When the agency has not held a hearing before taking the ac- tion of which review is sought by the petition, the court of appeals shall determine whether a hearing is required by law. After that determi- nation, the court shall— "(1) remand the proceedings to the agency to hold a hearing, when a hearing is required by law; "(2) pass on the issues presented, when a hearing is not re- quired by law and it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is pre- sented; or "(3) transfer the proceedings to a district court for the dis- trict in which the petitioner resides or has its principal office for a hearing and determination as if the proceedings were originally initiated in the district court, when a hearing is not required by law and a genuine issue of material fact is presented. The pro- cedure in these cases in the district court is governed by the Fed- eral Rules of Civil Procedure. ^^ ^^^ ^PP- "(c) If a party to a proceeding to review applies to the court of appeals in which the proceeding is pending for leave to adduce addi- tional evidence and shows to the satisfaction of the court that— "(1) the additional evidence is material; and "(2) there were reasonable grounds for failure to adduce the evidence before the agency; the court may order the additional evidence and any counterevidence the opposite party desires to offer to be taken by the agency. The agency may modify its findings of fact, or make new findings, by reason of the additional evidence so taken, and may modify or set aside its order, and shall file in the court the additional evidence, the modified findings or new findings, and the modified order or the order setting aside the original order. '*§ 2348. Representation in proceeding; intervention "The Attorney General is responsible for and has control of the interests of the Government in all court proceedings under this chap- ter. The agency, and any party in interest in the proceeding before the agency whose interests will be affected if an order of the agency is or is not enjoined, set aside, or suspended, may appear as parties thereto of their own motion and as of right, and be represented by counsel in any proceeding to review the order. Communities, associa- tions, corporations, firms, and individuals, whose interests are affected by the order of the agency, may intervene in any proceeding to review the order. The Attorney General may not dispose of or discontinue the proceeding to review over the objection of any party or intervenor, but any intervenor may prosecute, defend, or continue the proceeding unaffected by the action or inaction of the Attorney General.
624 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. **§ 2349. Jurisdiction of the proceeding "(a) The court of appeals has jurisdiction of the proceeding on the filing and service of a petition to review. The court of appeals in which the record on review is filed, on the filing, has jurisdiction to vacate stay orders or interlocutory injunctions previously granted by any court, and has exclusive jurisdiction to make and enter, on the petition, evidence, and proceedings set forth in the record on review, a judgment determining the validity of, and enjoining, setting aside, or suspending, in whole or in part, the order of the agency. "(b) The filing of the petition to review does not of itself stay or suspend the operation of the order of the agency, but the court of appeals in its discretion may restrain or suspend, in whole or in part, the operation of the order pending the final hearing and determination of the petition. When the petitioner makes application for an inter- locutory injunction restraining or suspending the enforcement, opera- tion, or execution of, or setting aside, in whole or in part, any order reviewable under this chapter, at least 5 days' notice of the hearing thereon shall be given to the agency and to the Attorney General. In a case in which irreparable damage would otherwise result to the pe- titioner, the court of appeals may, on hearing, after reasonable notice to the agency^ and to the Attorney General, order a temporary stay or suspension, in whole or in part, of the operation of the order of the agency for not more than 60 days from the date of the order pending the hearing on the application for the interlocutory injunction, in which case the order of the court of appeals shall contain a specific finding, based on evidence submitted to the court of appeals, and identi- fied by reference thereto, that irreparable damage would result to the petitioner and specifying the nature of the damage. The court of appeals, at the time of hearing the application for an interlocutory injunction, on a like finding, may continue the temporary stay or suspension, in whole or in part, until decision on the application. The hearing on an application for an interlocutory injunction shall be given preference and expedited and shall be heard at the earliest prac- ticable date after the expiration of the notice of hearing on the appli- cation. On the final hearing of any proceeding to review any order under this chapter, the same requirements as to precedence and expe- dition apply. **§ 2350. Review in Supreme Court on certiorari or certification "(a) An order granting or denying an interlocutory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the j u d ^ e n t , as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari. "(b) The provisions of section 1254(3) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter. **§ 2351. Enforcement of orders by district courts "The several district courts have jurisdiction specifically to enforce, and to enjoin and restrain any person from violating any order issued under section 193 of title 7. ''§2352. Rules "The several courts of appeals shall adopt and promulgate rules, subject to the approval of the Judicial Conference of the United
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 625 States, governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this chapter." SEC. 5: (a) The chapter analysis of title 37, United States Code, is 76 stat. 48o. amended by inserting after item 9: "30. PAYMENTS TO MISSING PEESONS 551". (b) Title 37, United States Code, is amended by inserting after chapter 9: "CHAPTER 10--PAYMENTS TO MISSING PERSONS "Sec. "551. Definitions. "552. Pay and allowances; continuance while in a missing status; limitations. "553. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations. "554. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of biilky items; claims for proceeds; appropriation chargeable. "555. Secretarial review. "556. Secretarial determinations. "557. Settlement of accounts. "558. Income tax deferment. "§551. Definitions " I n this chapter— "(1) 'dependent', with respect to a member of a uniformed serv- ice, means— " ( A ) his wife; " ( B ) his unmarried child (including an unmarried de- pendent stepchild or adopted child) under 21 years of age; " ( C ) his dependent mother or father; " ( D ) a dependent designated in official records; and " ( E ) a person determined to be dependent by the Secre- tary concerned, or his designee; "(2) 'missing status' means the status of a member of a uni- formed service who is officially carried or determined to be absent in a status of— " ( A ) missing; " ( B ) missing in action.; " ( C ) interned in a foreign country; " ( D ) captured, beleaguered, or besieged by a hostile force; or " ( E ) detained in a foreign country against his will; and "(3) 'pay and allowances'means— " ( A ) basic pay; " ( B ) special pay; " ( C ) incentive pay; " ( D ^ basic allowance for quarters; " ( E ) basic allowance for subsistence; and " ( F ) station per diem allowances for not more than 90 days. "§552. Pay and allowances; continuance while in a missing status; limitations " ( a ) A member of a uniformed service who is on active duty or per- forming inactive-duty training, and who is in a missing status, is, for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may there-
626 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. after become entitled. However, a member who is performing full- time training duty or other full-time duty without pay, or inactive- duty training with or without pay, is entitled to the pay and allow- ances to which he would have been entitled if he had been on active duty with pay. " ( b ) The expiration of a member's term of service while he is in a missing status does not end his entitlement to pay and allowances un- der subsection (a) of this section. Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) of this section ends on the date— "^1) the Secretary concerned receives evidence that the mem- ber IS dead; or "(2) that his death is prescribed or determined under section 555 of this title. "(c) A member is not entitled to pay and allowances under subsec- tion (a) of this section for a period during which he is ojfficially deter- mined to be absent from his post of duty without authority, and he is indebted to the United States for payments from amounts credited to his account for that period. " ( d ) A member who is performing full-time training duty or inactive-duty training is entitled to the benefits of this section only when he is officially determined to be in a missing status that results from the performance of duties prescribed by competent authority. "(e) A member in a missing status who is continued in that status under section 555 of this title is entitled to be credited with pay and allowances under subsection (a) of this section. *^§553. Allotments; continuance, suspension, initiation, resump- tion, or increase while in a missing status; limitations " (a) Notwithstanding the end of the period for which it was made, an allotment, including one for the purchase of United States savings bonds, made by a member of a uniformed service before he was in a missing status may be continued for the period he is entitled to pay and allowances under section 552 of this title. " ( b ) When there is no allotment in effect, or when it is insufficient for a purpose authorized by the Secretary concerned, he, or his designee, may authorize new allotments or increases in allotments that are warranted by the circumstances and payable for the period the member is entitled to pay and allowances under section 552 of this title. "(c) The total of all allotments from the pay and allowances of a member in a missing status may not be more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the Secretary concerned. " ( d ) A premium paid by the United States on insurance issued on the life of a member which is unearned because it covers a period after his death reverts to the appropriation of the department concerned. "(e) Subject to subsections (f) and (g) of this section, the Secre- tary concerned, or his designee, may, when he considers it in the interest of the member, his dependents, or the United States, direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of a member entitled to pay and allowances under section 552 of this title. " ( f ) When the Secretary concerned officially reports that a mem- ber in a missing status is alive, the payments oi allotments authorized by subsections (a.)-(d) of this section may, subject to section 552 of this title, be made until the date the Secretary concerned receives evi-
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 627 dence that the member is dead or has returned to the controllable juris- diction of the department concerned. " ( g ) A member in a missing status who is continued in that status under section 555 of this title is entitled to have the pjayments of allot- ments authorized by subsections ( a ) - ( d ) of this section continued, in- creased, or initiated. " ( h ) When the Secretary concerned considers it essential for the well-being and protection of the dependents of a member on active duty (other than a member entitled to pay and allowances under sec- tion 552 of this title), he may, with or without the consent, and sub- ject to termination at the request, of the member— " ( 1 ) direct the payment of a new allotment from the pay of the member; " (2) increase or decrease the amount of an allotment made by the member; and " (3) continue payment of an allotment of the member which has expired. ''§554. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable " ( a ) I n this section, 'household and personal effects' and 'household effects' may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense when it is located outside the United States, or in Alaska or Hawaii. "(b) Transportation (including packing, crating, d r a y a ^ , tempo- rary storage, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of a member of a uniformed service on active duty (without regard to pay grade) who is officially reported as dead, injured, or absent for a period of more than 29 days in a missing status— " (1) to the member's official residence of record; "(2) to the residence of his dependent, next of kin, or other person entitled to custody of the effects, under regulations pre- scribed by the Secretary concerned; or "(3) on request of the member (if injured), or his dependent, next of kin, or other person described m clause (2), to another location determined in advance or later approved by the Secre- tary concerned, or his designee. "(c) When a member described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects authorized by this section may be provided only when prolonged hospitalization or treatment is anticipated. " ( d ) Transportation requested by a dependent may be authorized under this section only if there is a reasonable relationship between the circumstances of the dependent and the requested destination. " ( e ) I n place of the transportation for dependents authorized by this section, and after the travel is completed, the Secretary concerned may authorize— " ( 1 ) reimbursement for the commercial cost of the transpor- tation; or
628 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. "(2) a monetary allowance at the prescribed rate for all, or that part, of the travel for which transportation in kind is not furnished. " ( f ) The Secretary concerned may store the household and personal effects of a member described in subsection (b) of this section until proper disposition can be made. The cost or the storage and trans- portation (including packing, crating, drayage, temporary storage, and unpacking) of household and personal effects shall be charged against appropriations currently available. " is) The Secretary concerned majr, when he determines that there is an emergency and a sale would be m the best interests of the United States, provide for the public or private sale of motor vehicles and other bulky items of household and personal effects of a member de- scribed in subsection (b) of this section. Before a sale, and if prac- ticable, a reasonable effort shall be made to determine the desires of the interested persons. The net proceeds received from the sale shall, under regulations prescribed by the Secretary concerned, be sent to the owner or other persons. I f there are no such persons, or if they or their addresses are not known within one year from the date of sale, the net proceeds may be covered into the Treasury as miscel- laneous receipts. " ( h ) Claims for net proceeds that are covered into the Treasury under subsection (g) of this section may be filed with the General Ac- counting Office by the rightful owners, their heirs or next of kin, or their legal representatives at any time before the end of a 5-year period from the date the proceeds are covered into the Treasury. When a claim is filed, the General Accounting Office shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of the 5-year period from the date the proceeds are covered into the Treasury, it is barred from being acted on by the courts or the General Accounting Office. " (i) This section does not amend or repeal— " (1) section 2575,2733,4712,4713,6522,9712, or 9713 of title 10; " (2) section 507 of title 14; or "(3) chapter 171 of title 28. **§ 555. Secretarial review " ( a ) When a member of a uniformed service entitled to pay and allowances under section 552 of this title has been in a missing status, and the official report of his death or of the circumstances of his absence has not been received by the Secretary concerned, he shall, before the end of a 12-month period in that status, have the case fully reviewed. After that review and the end of the 12-month period in a missing status, or after a later review which shall be made when warranted by information received or other circumstances, the Secretary concerned, or his designee, may— "(1) if the member can reasonably be presumed to be living, direct a continuance of his missing status; or " (2) make a finding of death. " ( b ) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of— " (1) ending the crediting of pay and allowances;
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 629 "(2) settlement of accounts; and "(3) payment of death gratuities. That date is— " ( A ) the day after the day on which the 12-month period in a missing status ends; or " ( B ) if the missing status has been continued under subsection (a) of this section, the day determined by the Secretary con- cerned, or his designee. "(c) F o r the sole purpose of determining status under this section, a dependent of a member on active duty is treated as if he were a mem- ber. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a de- pendent to pay, allowances, or other compensation to which he is not otherwise entitled. '*§ 556. Secretarial determinations " (a) The Secretary concerned, or his designee, may make any deter- mination necessary to administer this chapter and, when so made, it is conclusive as to— " (1) death or finding of death; "^2) the fact of dependency under this chapter; "(3) the fact of dependency for the purpose of paying six months' death gratuities authorized by law; "(4) the fact of dependency under any other law authorizing the payment of pay, allowances, or other emoluments to enlisted members of the armed forces, when the payments are contingent on dependency; " (5) any other status covered by this chapter; "(6) an essential date, including one on which evidence or in- formation is received by the Secretary concerned; and "(7) whether information received concerning a member of a uniformed service is to be construed and acted on as an official report of death. "(b) When the Secretary concerned receives information that he considers establishes conclusively the death of a member of a uni- formed service, he shall, notwithstanding any earlier action relating to death or other status of the member, act on it as an official report of death. After the end of the 12-month period in a missing status pre- scribed by section 555 of this title, the Secretary concerned, or his designee, shall, when he considers that the information received, or a lapse of time without information, establishes a reasonable presump- tion that a member in a missing status is dead, make a finding of death. "(c) The Secretary concerned, or his designee, may determine the entitlement of a member to pay and allowances under this chapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that a member captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or c>ther compensa- tion.
630 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. " ( d ) The Secretary concerned, or his designee, may, when war- ranted by the circumstances, reconsider a determination made under this chapter, and change or modify it. "(e) When the account of a member has been charged or debited with an allotment paid under this chapter, the amount so charged or debited shall be recredited to the account of the member if the Sec- retary concerned, or his designee, determines that the payment was induced by fraud or misrepresentation to which the member was not a party. " ( f ) Except an allotment for an unearned insurance premium, an allotment paid from pay and allowances of a member for the period he is entitled to pay and allowances under section 562 of this title may not be collected from the allottee as an overpayment when it was caused by delay in receiving evidence of death. An allotment payment for a period after the end of entitlement to pay and allow- ances under this chapter, or otherwise, which was caused by delay in receiving evidence of death, may not be collected from the allottee or charged against the pay of the deceased member. " (g) The Secretary concerned, or his designee, may waive the re- covery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good con- science. " ( h ) For the sole purpose of determining status under this section, a dependent of a member of a uniformed service on active duty is treated as if he were a member. Any determination made by the Secretary concerned, or his designee, under this section is conclusive on all other departments and agencies of the United States. This subsection does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. *'§ 557. Settlement of accounts "(a) The Secretary concerned, or his designee, may settle the ac- count of— "(1) a member of a uniformed service for whose account pay- ments have been made under sections 552, 553, and 555 of this title; and "(2) a survivor of a casualty to a ship, station, or military in- stallation which results in the loss or destruction of disbursing records. That settlement is conclusive on the accounting officers of the United States in settling the accounts of disbursing officers. " (b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlements. " (c) I n the settlement of his accounts, a disbursing officer is entitled, if tnere is no fraud or criminality by him, to credit for an erroneous payment or overpayment he made in carrying out this chapter, except section 558. Unless there is fraud or criminality by him, recovery may not be made from a civilian officer or employee or a member of a uniformed service who authorizes a payment under this chapter, ex- cept section 558.
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 631 "§ 558. Income tax deferment "Notwithstanding any other provision of law, a Federal income tax return of, or the payment of a Federal income tax by, a member of a uniformed service who, at the time the return or payment would otherwise become due, is in a missing status, does not become due until the earlier of the following dates— "(1) the fifteenth day of the third month in w^hich he ceased (except by reason of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or "(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed. That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of title 26 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership." SEC. 6. (a) The analysis of chapter 95 of title 39, United States Code, ^4 stat. 689. is amended by adding the f ollowmg: "6216. Railroad operations, receipts and expenditures." (b) Chapter 95 of title 39, United States Code, is amended by adding the following new section: '^§ 6216. Railroad operations, receipts and expenditures "The Postmaster General shall request all railroad companies trans- porting the mails to furnish, under seal, such data relating to the operatmg, receipts and expenditures of such roads as may, in his judg- ment, be deemed necessary to enable him to ascertain the cost of mail transportation and the proper compensation to be paid for the same. He shall, in his annual report to Congress, make such recommenda- tions, founded on the information obtained under this section, as shall, in his opinion, be just and equitable." SEC. 7. (a) The legislative purpose in enacting sections 1-6 of this _^.^^^^"8^ provi- Act is to restate, without substantive change, the laws replaced by sions. those sections on the effective date of this Act. Laws effective after J u n e 30, 1965, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. (b) A reference to a law replaced by sections 1-6 of this Act, includ- ing a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1-6 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1-6 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) A n inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof. (f) The enactment of this Act does not increase or decrease the pay, allowances, compensation, or annuity of any person. (g) If a provision enacted by this Act is held invalid, all valid
632 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid m one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications. (h) Sections 1-6 of this Act shall be construed to apply to com- missioned officers of the Public Health Service and commissioned of- ficers of the Coast and Geodetic Survey to the same extent that the laws replaced by those sections applied to these officers immediately before the date of enactment of this Act. SEC. 8. (a) The laws specified in the following schedule are repealed except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act and except as provided by section 7 of this Act. (b) The right to a deferred annuity on satisfaction of the condi- tions attached thereto is continued notwithstanding the repeal of the law conferring the right. (c) The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. Schedule of Laws Repealed Revised Statutes Revised Statutes Revised Statutes Revised Statutes Revised Statutes Revised Statutes Section Section Section Section Section 158 187 369 1766 2235 150 188 370 1773 2236 160 189 371 1774 2242 161 196 382 1775 2243 165 320 383 (1st sentence, 1778 2244 166 346 as applicable to 1784 2631 160 347 the Attorney 1974 3144 170 348 Qeneral; 2d and 1996 3157 173 349 3d sentences) 1997 3738 174 350 384 1998 4404 176 353 446 2039 4414 176 (last sentence) 354 447 2062 4415 177 356 1706 2056 4416 178 357 1753 2057 4840 170 358 1754 2068 4841 180 369 1757 2060 5306 181 360 1758 2063 6314 182 361 1769 2064 183 364 1760 2068 184 365 1761 2077 185 366 1764 2222 186 367 1766 2234
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 633 Statutes at Large Statutes at Large Date Chapter Section Volume Page 1874 275 18 66 June 20 328 1 (2d sentence of 1st par, under "United States Mints 18 96 and Assay OflBices"). Do 328- 3 18 109 Do 344 2-5 - 18 127 June 22 389...- 2 18 176 Do - . . 391 23 , 18 190 June 23 459- 18 245 1875 Jan. 22 36 12 , 18 309 Mar. 3 129 1 (last 23 words of 1st full par. on p. 349) 18 349 Do 130 3 18 399 Do 130 10 18 401 Do 131 14 18 420 Do . . . 132 5 , 18 449 Do . . . 132 10 18 450 Do . . 147 18 480 Do , 153 18 483 Do 157 18 486 Proc. 1 19 661 1876 Apr. 25 78 2 19 36 July 12 180 14 . ,. 19 87 July 22 225 19 96 July 24 226. 2-4 19 100,101 July 31 246 19 105 Aug. 9 256 2 19 126 270 2 19 140 287 1 (3d full par. on p. 152, less 1st sentence; and 4th full 19 152 par. on p. 152). D o . . . . 287 3,6.. 19 169 D o . . . . 307 2 19 207 1877 Jan. 16 22 19 222 D o . . . . 23 19 222 Feb. 27 69 1 (8th full par. on p. 241) 19 241 1878 May 2 78 20 47 May 27 142 1 (provisos) 20 65 June 7 162 2, 4 20 100 June 11 180 11 20 107 188 20 112 D o . . . . 196 20 132 D o . . . . 198 20 133 June 15 215 3 20 137 D o - . . . 215 8 20 138 June 18 269 2 20 166 June 19 329 1 (last sentence in 1st par. under "Ofllce of the Attor- 20 205 ney General"). June 20 359 1 (1st 28 words of 3d par. under "District of Coliun- 20 208 bia").
634 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1879 Jan. 24 21 20 264 Jan. 27 26 1 Oast proviso) 20 267 Jan. 31 38 20 277 Feb. 4 48 2 20 282 Feb. 24 97 7,9 .; 20 320 Feb. 26 99 1 20 320 Feb. 26 103 20 322 Mar. 3 177 2 20 356 Do 180 6 20 358 Do — 182 1 (2d sentence under "Public Buildings") 20 391 Do . 194 2.. 20 473 1880 Jan. 13 4 21 60 Jan. 24 13 21 62 Apr. 16 21 304 June 10 189 21 173 1881 Jan. 31 32 2,3 21 604 Feb. 26 80 1 (4th proviso) 21 350 Mar. 3 144 6 21 507 1882 25 (last sentence).......... ...—.— — 22 13 47 9 22 32 May 17 163 22 70 Do 163. 1 (2d proviso on p. 86) - 22 86 Do 163 1 (so much as amends R.S. $ 2056) . 22 87 195 2 22 98 218 4 22 102 230 3 22 106 July 7 277. 22 153 Aug. 3 376 22 214 Aug. 6 389 1 Oast sentence under "OflQce of Life-Saving Service"). 22 229 Do „ ,389 1 (proviso under"Penslon Office") 22 248 Do 389 4 22 255 Do - 399 22 301 Aug, 7 433 22 306 Do.... 433 1 Oast par. under "For the Suppression of Bigamy").. 22 313 Do.... 433- 1 (par. beginning on p. 328 and ending on p. 329) 22 328,329 Do .- 436. 22 344 1883 Jan. 13 23... 22 402 27 1-3,5-10 22 403-400 Jan, 31 41_„ 8 ^ 22 412 Mar. 1 61 22 451 Mar. 3 22 484 Do— 22 563
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 635 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1883 Mar. 3 136. 667 D o . . - . 137- 3,10,14. 668,670 Do..-. 140. 4 582 1884 Mar. 31 6 May 1 (par. under "Indian Office"). 17 May 13 2, 3 22 May 17 2-6, 9,12 24-27 June 3 33 June 11 40 June 12 41 June 26 121. 69 July 6 221. 119 July 7 331. 1 (2d proviso under "Commissioner of Internal Reve- 172 nue" and following sentence). Do—. 331- 1 (words between Ist and 2d semicolons under "Gen- 188 eral Land Office"). Do—. 333. (2d par. under "Schedule C") 233 Do 334- 1 (sentence beginning on 6th line of p. 237) 237 D o — 334. 1 (1st full par. on p. 242) 242 1886 Mar. 3 343. 1 (words between 1st and 2d semicolons under " Qeneral 23 416 Land Office"). Do 357. 444 D o . . . . 359. 1 (1st par. under "Tenth Census"). 462 1886 June 2 416. 77 June 30 572. 91 July 2 611. (2d sentence in par. which begins "For fees and ex- 122 penses".) July 31 827. 1 (words between 1st and 2d semicolons under "General 199 Land Office"). Aug. 2 842. 213 1887 Feb. 23 J.R. 6. 644 Mar. 1 313.— (2d sentence in par. which begins "For fees and ex- 440 penses".) Mar. 3 392. 1 (words between 1st and 2d semicolons under "General 24 622 Land Office"). 1888 May 2 227- 25 134 May 14 251- 2,3. 26 147 May 15 256- 1.- 25 150 May 21 297. 3.— 26 163 June 4 341- 2.... 25 167 June 13 389. 3,4- 26 182 June 18 391. 26 186 June 25 486. 26 203 June 29 603. 1 (all to last par. beginning " For the payment of neces- 26 217,218 sary interpreteip" on p. 218). July 11 616. 1 (proviso on p. 272) 26 273 D o — . 616. 1 (words between 1st and 2d semicolons under "Gen- 25 28S eral Land Office"). July 18 676.. 1 (2d full par. on p. 321) 26 331 Aug. 1 722.. 26 362 Do.-. 723.. 26 363 Aug. 8 786- 26 387 Aug. 9 26 398 Oct. 19 1209- (last sentence). 26 665 Deo. 18 6.— 3- 26 638
636 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1889 Feb. 8 121. (last 23 words) 668 Do—- 122. 1 (38tb through 64th words). 659 Do..-- 122. 3 659 Feb. 26 279. 1 (proviso on p. 722) 722 Do.... 279. 1 (words between 1st and 2d semicolons under "Gen- 735 eral Land Office"). Mar. 1 311. 3 751 Do.... 327. 2 772 Do.... 328. 49 779 Mar. 2 370. 1 (last par. beginning on p. 800). 800 Do.... 370. 4 808 Do.... 412. 15 1006 1890 Mar. 19 J.R. 12. 670 Apr. 10 77 53 May 2 182 2, 3,14 82,88 June 10 407 30 142 July 11 667 1 (proviso on p. 244) 244 Do.... 667..... 1 (words between 1st and 2d semicolons under "Gen- 257 eral Land Office"). D o . . . . 667. 1 (words between 3d and 4th semicolons under "De- 265 partment o{ Justice"). Aug. 8 729.. 313 Aug. 28 812.. 362 Do...- 814.. 363 Aug. 29 820.. 1 (2d sentence under "Fourth Auditor's Offlce")- 371 Do.... 820.. 1 (last par.) 371 Oct. 1 1267. 655 1891 Feb. 6 113. 733 Feb. 24 287. 783 Mar. 3 539. 864 Do.... 541. 1 (proviso and 1st full par. on p. 925) 925 Do.... 641. 1 (words between 1st and 2d semicolons under "Gen- 937 eral Land Office"). D o . . . . 541. 1 (1st full sentence on p. 944) 944 D o . . . . 541. 1 (words between 4th and 5th semicolons under " Offlce 946 of the Attomey-Qeneral"). D o . . . . 650. 1084 D o . . . . 655. 2 1090 D o - . . . 564. 1. 2.18. 1104.1106 1892 June 4 41 July 6 154. 87 July 13 161. (2d sentence in par. which begins " For fees and ex- 119 penses".) July 16 196. 1 (words between 1st and 2d semicolons under " Gen- 213 eral Land Office"). July 22 231. 257 July 26 250. 1-3 268,269 Aug. 5 1 (last par.). 1893 Mar. 1 187. (2d sentence in par. which begins 'For fees and ex- 524 penses".) Mar. 2 199. 1 (proviso on p. 646) 646 Mar. 3 204. 2,3 664 Do.... 208- (6th par. under "Public Buildings") 591 Do.... 208- (3d par. from end) . 612 Do. 209. 1 (1st 2 pars, on p. 614) 614 Do.... 211- 1 (words between 1st and 2d semicolons under 'Gen- 704 eral Land Office"). Do.... 211. 4,6 715
80 STAT. ] PUBLIC LAW 89-554-rSEPT. .6,1966 637 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1893 Mar. 3 214. (last 25 words of 1st sentence in 2d par. under "Gen- 742 eral Expenses, Weather Bureau".) Dec. 21 5... 20 1894 May 11 73.. (penultimate par.), 76 June 19 108- (penultimate par.). 93 June 28 118- 96 July 31 174. 1 (2d par. under "Civil Service Commission") 169 Do-.-. 174- 1 (words between 1st and 2d semicolons imder "Gen- 193 eral Land Office"). Do..-. 174- 3,4 205 Aug. 3 202- 225 Aug. 14 287. 15. 285 Aug. 15 290- 1 (2d proviso on p. 288) - 288 Aug. 18 301- 1 (2dpar. o n p . 391).— 391 Aug. 23 307- 1 G^t par. on p. 426).. 426 Do.-.. 308. 488 Aug. 27 349. 33, 64, 65. 557, 567 Dec. 27 12- 4 1896 Jan. 12 23. 23, 44, 46, 48, 73 (9th and 10th pars, on p. 618). 604,607, 608,618 Feb. 11 80.. 3 651 Feb. 28 138. 1-3, 6. 689,690 Mar. 1 146. 2 699 Mar. 2 172- 2 741 Do.... 176. 1 (1st proviso on p. 747) 747 Do... 176. 1 (2d proviso on p. 763) 753 Do.-.. 176. 1 (1st proviso on p. 757)... 757 Do.-.- 177. 1 (5th full par. on p . 7 7 7 ) - . 777 Do.-.. 177. 1 (words between 1st and 2d semicolons under "Gen- 794 eral Laiid OfBce"). Do— 177. 1 (2d proviso and sentence following 2d proviso on 796 p. 796). Do... 189. 1 (3d par. on p.«19) 919 1896 Feb. 26 34- (par. imder "Inspection of Consulates"). 36 Mar. 16 58.. 60 Mar. 28 73.. 76 May 28 252. 1 (words between 1st and 2d semicolons under "Gen- 168 eral Land Office"). D o - . - 252. 3 ., 179 June 3 313. 198 June 9 387. ("Sec. 4") 317 June 10 1 (2d proviso and sentence following 2d proviso on p. 323 323). June 11 419. 1 (proviso on p. 402) 402 Do—. 419. 1 (provisos on p. 405) - 405 Do.... 419. 1 (par. beginning "Industrial Home School") 410 Dec. 22 2... (2d sentence In par. which begins "For fees and ex- 479 penses".) 1897 Feb. 15 231. 530 Feb. 19 265. 1 (words between 1st and 2d semicolons under "Gen- 667 eral Land Office"). Mar. 3 387. 1 (1st full par. on p. 677 and 2d sentence imder "For the 677 Fire Department"). Apr. 23 (4th full par. on p. 10) June 4 1 (2d proviso on p. 29) June 7 1 (last proviso on p. 86) July 24 29 (last sentence) 211 Do.-.. 2,3 216 65-300 0 - 6 7 — 4 3
638 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Ck)ntinued Statutes at Large Date Chapter Section Volume Page 1898 Jan. 27 234 Mar. 16 1 fwords between 1st and 2d semicolons under "Gen- 30S eral Land Office"). Do.— 68. 7 316 June 6 432 July 1 646. 1 (3d proviso on p. 644). 644 July 7 671. 1 (1st par. on p. 663)... 663 1899 Feb. 4 (2d sentence in par. which begins "For fees and 820 expenses".) Feb. 21 176. 4 842 Feb. 24 187- 1 (14th par. on p. 864) 864 D o - . . . 187. 1 (words between 1st and 2d semicolons under 877 "General Land Office"). b o . . . . 187. 4 890 Mar. 3 427. 1 (2d par. under "Treasury Department") 1216 1900 Apr. 4 168. (2d sentence in par. which begins "For fees and 31 60 expenses".) Apr. 12 191. 26, 29, 36, 37, 40 31 82,86,86 Apr. 17 192. 1 (2d sentence of 2d par. under "War Department") 31 113 Do-.. 192. 1 (words between 1st and 2d semicolons under 31 121 "General Land Office"). Do.... 192. 31 133 May 26 656. (last 39 words in 2d par. on p. 202). 31 202 Do-... 666. (last sentence on p. 203) 31 203 May 26 689. 31 218 May 31 698. 1 (proviso on p. 239). 31 239 Do.... 598. 2 (2d proviso) 31 246 June 2 614. 31 262 June 6 789. 1 (1st 3 pars, under "Public Schools") 31 564,666 Do...- 789. 1 (proviso on p. 666) • 31 566 Do.-. 789. 1 (proviso on p. 677)... 31 677 Do.... 791- 1 (par. beginning "Enforcement of the Chinese Exclu- 31 610 sion Act"). D o . . . . 791. 1 (2d par. under "Antietam Battlefield") 31 630 1901 Feb. 1 190- 746 Feb. 12 363- (2d sentence in par. which begins "For fees and expenses".) Feb. 27 616- 816 Feb. 28 622. 819 Mar. 2 806. (1st par. on p. 924) 924 Do...- 805- (last 39 words preceding 3d proviso on p. 926). 926 Do.-.. 806. 12 949 Do.— 809. 961 Mar. 3 830- 1 (words between 1st and 2d semicolons under "Gen- 996 eral Land Office"). Do— 830- 1009 Do.— 832.. 1 (1st proviso on p. 1076) 1076 Do—- 832.. 2 (2d proviso) 1083 Do-..- 863.. 1 (2d par. imder "Antietam Battlefield")- 1172 Do.... 853.. 1 (2d proviso on p. 1179) 1179 Do.... 864.. 3 1190 Do..-. 854.. 179.- 1219 Do...- 854.. 653.. 1276 Do-... 854.. 1187. 1378 Do.... 854.. 1189. 1378 Do.... 858.. 1437 Do 872.. 1449 1902 Feb. 14 17 1 (3d par. under "Treasury Department") 6 Do.... 17 1 (par. under "Pensions") 23 Apr. 28 694.. 1 (2d par. under "Collecting Internal Revenue") 142 Do— 694.. 1 (words between 1st and 2d semicolons under " Qen- 167 ersl Land Office").
80 STAT. J PUBLIC LAW 89-554-SEPT. .6, 1966 639 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1902 Apr. 28 594- 171 Do.— 595. 172 May 2 679. 184 May 27 1 (par. beginnIng"At Yankton Agency") 246 Do-... 1 (2d proviso on p. 261) 261 Do.... 2 (2d proviso) 274 June 3 (2d par. under "General Expenses, Weather Bureau"). 287 Do-.. 985.. (last 45 words preceding 1st proviso on p. 290) 290 Do...- 985- (1st proviso on p. 303) 303 June 17 1093. 5 (last sentence) 389 June 28 1301. 1 (2d par. under "Antietam Battlefield") 464 Do.... 1312. 492 July 1 1369. 691 Do.... 1372. 715 Do-.- 1383. 732 Dec. 16 2 753 1003 Feb. 14 552. 1 (83d through 99th words) 825 Do.... 652. 6 827 Do-.. 552. 10 (2d par.) 829 Feb. 19 707. (1st 3 pars.) 841 Feb. 25 755. 1 (words between 1st and 2d semicolons under "Gen- eral Land Office"). Mar. 3 944.. 1 (1st proviso on p. 997) 997 D o - . . . 944.. 2 (3d proviso) 1006 D o . . . . 1006. 1 (so much of 2d par. under " Department of Jxistice" 1062 as provides for appointment, pay, and duties of an additional Assistant Attorney General and an assistant to the Attorney General). Do... 1007. 1 (2d par. under "Antietam Battlefield") 32 1128 1904 Jan. 20 40.. 9 Mar. 18 716. 1 (words between 1st and 2d semicolons under "Gen- 124 eral Land Office"). Apr. 21 1402- 1 (provisos on p. 190). 190 Do.... 1402- 1 (last proviso on p. 206) 206 Do.— 1402. 2 (2d proviso) 216 Apr. 23 1485- (3d proviso on p. 270) 270 Do-.. 1486. (par. under "Salaries, Weather Bureau"). 278 Apr. 28 1762- 1 (9th par. on p. 478). 478 Do.... 1762- 1 (2d par. under "Antietam Battlefield") 496 Do.-.. 1762- 4 513 Do—. 1783- 538 Do-.. 1806. 651 Do.-. 1806. 552 1905 Jan. 19 49- 609 Feb. 3 297- 1 (proviso on p. 642) 642 Do-.. 297. 1 (proviso on p. 652).. 652 Do-.. 297- 1 (1st full par. oa p. 659) 659 Do—. 297- 1 (words between 1st and 2d semicolons under 'Qen- 670 eral Land Office"). Feb. 6 453.. 7 692 Mar. 3 1405. (par. under "Salaries, Weather Bureau")- 863 Do— 1405. Oast 2 pars.). 883 Do-..- 1406. 1 (proviso on p. 898) 898 Dc... 1413. 2 983 Do.... 1422- 990 Do-.. 1455. 1026 Do.— 1457- 1 1028 Do.-. 1457. 2 1029 Do.— 1479. 1 Oast proviso on p. 1060) 1060 Do.... 1479. 2 (2d proviso) 1077 Do.-.. 1483. 1 (2d par. under "Antietam Battlefield").. 1197
640 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1906 Feb. 27 510-. 1 (Otta par. under "The Isthmian Canal"). 33 Apr. 6 1366. 99 Apr. 9 1372. 106 Apr. 24 1865. 3 136 May 7 2083- 2... 170 June 16 3337. (par. under "Clerks at Embassies and Legations"). 288 June 19 3436. 3 303 June 20 3443. 4 315 Do-.. 3446. 4 318 Do.... 3446- 8 320 Do.... 3446. 9 321 June 21 3504- (3d proviso on p. 326).- 326 Do.... 3504. (1st proviso on p. 328) 328 Do.... 3504. (2d full par. on p. 345) 345 Jime 22 3514. 1 (1st proviso on p. 401) 401 Do.... 3514- 1 (3d proviso on p. 417) 417 Do-... 3514. 1 (words between 1st and 2d semicolons under "Gen- 429 eral Land Ofllce"). Do.... 3514. 5,6 449 June 25 3528., 456 June 27 3553., 1 (provisos on p. 500) 500 Do..-. 3553. 1 (1st proviso on p. 506). 606 June 30 3912., 4.... 669 Do.... 3913. (par. xmder "Salaries, Weather Bureau") 672 Do..-. 3913. (words between last semicolon on p. 673 and 1st proviso 673 on p. 674.) Do-... 3913. (3d par. on p. 678) 678 Do—. 3913. (1st full sentence on p. 681) 681 Do-.-. 3913. (1st full sentence on p. 694) 694 Do..-. 3913- (3d full par. on p. 695, less 3d proviso) 695 Do..-. 3913- (3d proviso on p. 695) 69S Do-... 3914. 1 (2d par. under "Antietam Battlefield") 741 Do-... 3914. 4 (last sentence) 763 Do--. 3914. 763 Do-.-. 3935. 816 1907 Feb. 1 444.. 2 874 Feb. 20 1134. 34.. 908 Feb. 22 1184. (par. under "Clerks at Embassies and Legations") 918 Do..- 1184. (2d par. under "Schedule C") 923 Feb. 26 1635. 1 (1st proviso on p. 947) 947 Do— 1635- 1 (words between 1st and 2d semicolons under "Gen- 975 eral Land OflSce"). Do--. 1635. 4 Mar. 1 2285. (2d proviso on p. 1016). 1016 Do.... 2285- (1st proviso on p. 1017). 1017 Mar. 2 2558. 1241 Do.... 2574. 1252 Mar. 4 2907- (56th through 132d words in 3d par. on p. 1268) 1258 Do—. 2907- (words between 1st semicolon and 1st proviso on p. 1260 1260.) D o - . . 2907. (1st full sentence on p. 1267) 1267 D o - . . 2907- (1st full sentence on p. 1270) 1270 D o - . . 2907. (words between 2d semicolon and the proviso in the 1272 4th full sentence on p. 1272.) D o — 2907. (1st 46 words of 4th par. on p. 1280) 1280 Do-... 2918- 1 (2d par. under "Antietam Battlefield") 1346 D o — 2931- 1412 1908 Mar. 16 93.. 45 Mar. 26 99.. 46 Apr. 30 163. (1st proviso on p. 72). 72 May 11 162. ("Sec. 8") 103 Do-., 164. 126 May 21 183. (par. under "Clerks at Embassies and Legations"). 173 Do 183. (1st par. under "Schedule O") 180
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 641 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1908 May 22 186. 1 (proviso on p. 213) 213 Do... 186. 1 (words between 1st and 2d semicolons and 2d and 3d 225 pars, under "General Land Office"). May 23 192. (4th par. on p. 267) 267 May 26 198. 311 May 27 200. 1 (2d par. under "Antietam Battlefield"). 362 May 28 212. 9 428 May 29 220- 13 (last sentence) 468 May 30 236. 556 1909 Feb. 6 77.- (last sentence). Feb. 17 137. 626 Feb. 18 148. 637 Feb. 24 179. 645 Feb. 27 223. 657 Mar. 2 235. (par. under "Clerks.at Embassies and Legations") 674 Mar. 3 250. 1 (proviso on p. 691) 691 Do. 263. (3d proviso on p. 782) 7S2 Do-... 263. (6th par. on p. 784) 784 Do. 269- 11,12, 20, 21 842,843 Mar. 4 297. 1 (proviso on p. 876) 876 Do.-.. 297. 1 (words between 1st and 2d semicolons under "Gen- eral Land Office"). Do.... 299. 1 (proviso on p. 983) 983 Do.... 299. 1 (2d par. under "Antietam Battlefield") 1002 Do.... 301. (3d par. imder "Miscellaneous") 1057 Do.... 314. 2-4,6-8 1065,1066 Aug. 6 6... 28 ("Sec. 30") 108 1910 Feb. 25 62.. 1 (2d par. under "Judicial") 214 May 6 199. (par. under "Clerks at Embassies and Legations")... 36 338 May 18 248. 1 (proviso on p. 377) 377 May 26 256. (1st proviso) 416 June 17 297. 1 (2d par. under "Civil Service Commission") 483 Do.... 297. 1 (last 16 words in 3d full par. on p. 508) 508 Do.... 297. 1 (proviso on p. 511) 511 Do.... 297. 1 (words between 1st and 2d semicolons under "Gen- 512 eral Land Office"). June 25 384. 1 (2d par. imder "Antietam Battlefield") 723 Do.... 384. 1 (2d sentence of 3d par. on p. 750) -. 750 Do— 384. 1 (proviso on p. 765) 765 Do.- 384. 1 (proviso on p. 767) 767 Do.- 385. (last sentence on p. 799) 799 Do... 397. 828 Do... 411. 838 Dec. 23 7... (3d par. on p. 890). 36 890 1911 Jan. 11 25.. 894 Feb. 13 43.. 898 Feb. 24 149. 928 Mar. 2 192- 1 (last full par. on p. 967) 967 Mar. 3 208. (par. under "Clerks at Embassies and Legations").. 1029 Do- 210. 1 (last proviso on p. 1059) 1059 Mar. 4 237. 1 (1st proviso on p. 1185) 1185 Do.... 238. (1st 19 words of last par. on p . 1268, and 1st par. on p . 1258,1259 1259). Do... 238- (penultimate par.) -. 1265 Do.._ 285. 1 (2d proviso on p. 1394) 1394 Do... 285. 1 (2d par. under "Antietam Battlefield") 1400 1912 Feb. 10 35.. Mar. 11 57.. 74 Apr. 30 97.. (par. under "Clerks at Embassies and Legations"). 96 May 10 117- 110 June 15 168. 133 Do.... 169. 133
642 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1912 June 26 182. 1 (proviso on p. 143) 143 Do.„. 182- 1 (7th par. on p. 159) 169 Do..-. 182- 1 (1st full par. on p. 164). 164 Do.... 182. 8 184 July 25 253- 1 (2d par. on p. 218) 218 Aug. 10 284. (6th and 7th pars, on p. 300) 300 Aug. 17 301. 1 (3d par. on p. 312) 312 Aug. 23 350. 1 (last par. under "Civil Service Commission")- 372 Do-... 350- 6 414 Aug. 24 355- 1 (2d par. under "Antletam Battlefield"). 440 Do.... 355. 8 487 Do..-. 387. 4, 6. 7,18 613, 514, 617 Do.... 1 (1st proviso on p. 519). 519 Do.... 388. 1 (2d proviso on p. 521).. 621 D o - . . 389. 555 D o . . „ 390- 5 (last par.). 563 1913 Feb. 28 86-. 1 (par. under "Clerks at Embassies and Legations"). Mar. 4 141. 1 (76th through 91it words) 736 Do.... 141. 8 738 Do.-. 142. 1 (2d sentence in 4th full par. on p. 760). 750 Do.... 145. (penultimate par. on p. 843) 843 Do.... 145- (3d and 5th full pars, on p. 854) 864 Do.-.. 147. 28 888 Do.-.. 150. 8 (2d par. of Par. 97), 996 Do.... 150. 9(lstpar. ofPar. 2).. 997 Do.... 150. 9 (Par. 3) 998 Do.... 169. 1013 June 23 3— 1 (2d par. under" Antietam Battlefield"). 31 June 30 4... 1 (4th proviso on p. 78) 78 Sept. 4 10- 110 Oct. 3 16- II-N ISO,181 Oct. 22 32- 1 (proviso under"Civil Service Commission") 208 Do..-. 32- 1 (last par. under "Interstate Commerce Commis- 212 sion"). D o - . - 32- 1 (so much of 1st par. under "Department of Justice" 218 as fixed the pay of the Assistant to the Attorney General). 1914 Apr. 6 52- 1 (4thpar. onp. 318). 318 Do-... 52- 1 (last par.) 330 Do.... 62- 5 336 May 16 91.. 378 Do.... 92- 378 June 30 131. (4th and 6th full pars, on p. 441) 38 441 Do.... 132. (par. under "Clerks at Embassies and Legations") 444 July 16 141. 1 (5th par. under "Civil Service Commission") 466 Do.... 141. 1 (words between 1st and 2d and 3d and 4th semicolons 38 497 under "Department of Justice"). Do—. 141- 1 (1st proviso on p. 497) - 497 Do—. 141- 1 (par. beginning "Commercial attaches") 500 Do--.. 141. 6 509 July 21 191. 1 (proviso on p. 519j 519 Do—. 191. 1 (2d and 7th pars, under "Public Schools"). 532 Aug. 1 222. 1 (2d proviso on p. 683) 683 Do.-. 223- 1 (2d par. on p. 631) 631 Do—. 223. 1 (last par. on p. 658) 658 Do.... 223- 1 (provisos on p. 666) 666 Do-... 223. 12,13 680 Dec. 28 3... 790
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 643 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1916 Feb. 5 23.- 1, 2, 8 38 805,807 Mar. 3 76.. 1 (Sth par. on p. 843) 38 843 Mar. 4 141. 1 (last par. beginning on p. 1007) 38 1007 Do.... 141. 1 (words between 3d and 4th semicolons under De- 38 1038 partment of Justice"). D o . . - . 141. 1 (par. beginning "Commercial attaches") 38 1041 D o . . . . 141- 6 38 1049 D o . . . . 146- (par. under "Clerks at Embassies and Legations") 38 1117 1916 Feb. 28 37- 1 (par. under "Bureau of Efficiency"). 39 15 Apr. 27 39 54 May 10 117- 1 (2d par. on p. 104) 39 104 Do..- 117- 1 (par. beginning "Commercial attaches"). 39 • 111 May 18 125. 1 (3d proviso on p. 124) 39 124 June 15 147. 3 39 227 July 1 208. (par. under "Clerks at Embassies and Leglations"). 39 263 Do...- 209. 1 (2d par. under "Antietam Battlefield") 39 287 July 17 245. 28 (3d par.) 39 381 July 28 261. 1 (6th par. on p. 413) 39 413 Aug. 29 416. 20 39 552 Do-... 418. 1 (2d proviso on p. 624).. 39 624 Sept. 1 433. 1 (1st 7 provisos under "Public Schools"). 39 693,694 Do..- 433. 1 (par. beginning "Longevity Pay") 39 694 Sept. 7 458. 39 742 Sept. 8 463. 700, 701, 705, 707, 708. 39 796-798 1917 Feb. 23 114. 39 932 Mar. 2 146. 1 (4th proviso on p. 969). 39 969 Do... 162. 4 39 997 Mar. 3 160. 1 (2d par. on p. 1012) 39 1012 Do. 160. 1 (1st 4 provisos under "Public Schools") 39 1021, 1022 Do.... 160. 1 (par. beginning "Longevity Pay") 39 1022 Do.... 161. (par. under "Clerks at Embassies and Legations") 39 1048 Do... 163. 1 (2d full par. on p. 1081).. 39 1081 Do... 163. 1 (words between 1st and 2d semicolons under "De- 39 1110 partment of Justice"). Do.... 163. 1 (par. beginning "Commercial attaches") 39 1113 Do.... 163. 6,8 39 1121,1122 Do...- 171. 1 39 1132 May 18 16.. 4,6 40 78,80 June 12 27.. 1 (2d par. under "Antietam Battlefield"). 40 130 Aug. 9 60.- 3 40 271 Aug. 10 62.. 40 274 Do.... 62.. 8 (last proviso). 40 276 Do.. 63.- 20 40 283 Oct. 6 79.. 1 (4thpar. onp. 346).... 40 346 Do... 79.- 1 (3d par. on p. 347) 40 347 Do... 79- 1 (1st proviso on p. 364). 40 364 Do.... 79.. 6.7 40 383 1918 Mar. 21 40 454 Mar. 27 40 459 Mar. 28 40 498 Apr. 6 46.- 1, 2, 6-19 40 506-612 Do... 45.. 200-206 40 612 614 Do... 45.. 300,302-306 40 614.515 Apr. 16 62.. (par. under "Clerks at Embassies and Legations"), 40 520 Do.... 62.. (last proviso on p. 623) 40 623 May 20 78.. 40 556 June 20 106. 40 616 July 1 113. 1 (proviso on p. 652) 40 652 Do.... 113. 1 (2d par. under "Antietam Battlefield"). 40 656 July 2 116. 40 739 July 8 130. 1 (2d par. on p. 799) 40 799 Do..-. 130. 1 (par. beginning "Commercial attaches"). 40 804
644 PUBLIC LAW 89.554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1918 July 12 150. 899 July 18 156. 9. 912 Do.... 166. 912 Aug. 31 164. 1 (1st 5 provisos under "Public Schools")- 932 Do.... 164- 1 (par. beginning "Longevity Pay") 933 Do.... 166. 6 956 Oct. 5 181. 7, 8, 11 _. 1011,1012 1919 Jan. 7 1052 Feb. 24 1302 1141 Mar. 1 1 (last sentence under "Civil Service Commission"). 1224 Do.... 1 (penultimate par. on p. 1251)... 1251 Do..-. 1 (par. beginning "Commercial attaches") 1256 Do.... 86. 1 (proviso on p. 1262) 1262 Do.... 4 1266 Do.... 1267 Do.... 9,10. 1269 Mar. 3 96.. 1291 Do.... 100. 9,10. 1313,1314 Do..- 101. 2 1315 Mar. 4 123. (par. under "Clerks at Embassies and Legations"). 1327 Do.... 123. (2d proviso on p. 1334) 1334 July 11 6.-- 1 (par. under "Bureau of Efficiency") 36 Do.... 7... 1 (1st 10 provisos under "Public Schools") 80,81 Do-... 7... 1 (par. beginning "Longevity P a y " ) . 81 Do.... 7... 5 102 Do.... 7... 11 104 July 19 24.. 1 (2d par. under "Antietam Battlefield") 184 Do.... 24.. 1 (proviso on p. 205) 205 July 24 26.. (2d proviso on p. 262) 262 Nov. 4 1 (1st par. under "United States Penitentiaries")- 338 Dec. 24 (1st proviso) -. 377 1920 Feb. 25 85.. 451 Mar. 23 106. 536 May 22 195. 614 May 29 214. 1 (3d full par. on p. 655) - 656 Do-... 214. 1 (par. beginning "Commercial attaches"), 679 May 31 217. (proviso on p. 714) 714 June 2 219. 737 Jiuie 4 223. 1 (par. under "Clerks at Embassies and Legations") -. 740 Do.... 223. 1 (2d sentence under "Allowance for Clerk Hire at 749 United States Consulates"). June 6 234. 1 (1st 10 provisos under "Public Schools") 850, 851 Do.... 234. 1 (par. beginning "Longevity Pay") - 851 Do.— 235. 1 (1st 2 provisos on p. 886) - -- 886 Do.... 235. 1 (2d par. under "Antietam Battlefield") 896 Do—. 248. 4- - , 987 Do.— 264- 2 1059 1021 Jan. 4 9... 1084 Feb. 2 70 - 1 (1st 10 provisos under "Public Schools") 1120-1122 Do— 70 - 1 (par. beginning "Longevity Pay")- .^ 1122 Do... 70 . 1 (penultimate par. on p. 1125) 1125 Mar. 2 113. 1 (par. imder " Clerks at Embassies and Legations"). 1206 Do- . 113. 1 (last sentence on p. 1215) 1215 Mar. 3 124. 1 (par. beginning " Commercial attaches") 1298 Do— 124. 1308 Do.. 127- (proviso on p. 1333) _. 1333 Mar. 4 161. 1 (2d par. under "Antietam Battlefield"). 1386 June 10 18-. 310 - 25 Do... 18- 314- 26 Do... 18 - 316. 27 Do—. 18 - 317. 27
80 STAT. ] PUBLIC LAW 89.554-SEPT. 6, 1966 645 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1921 June 16 4 (par. beginning " Commercial attaches") 42 64 Aug. 19 1 (the 88 words Immediately preceding the proviso). 42 172 Aug. 24 42 181 Do— 6, 13 42 188,191 Do— 1 (3d proviso). 42 192 Oct. 28 114. 42 208 1922 Feb. 9 47.. 42 363 Feb. 14 51.. 42 364 Mar. 21 113. 42 469 Mar. 27 116. (1st par.) 42 470 Mar. 28 117. (par. beginning "Commercial attaches") 42 472 May 24 199- (6th full par. on p. 553) 42 553 Do-... 199. (words between last 2 semicolons in last par. on p. 555).. 42 555 Do-.-. 199. (last par. beginning on p. 566).. 42 556 May 26 202. 1 (1st sentence in "Sec. 2(a)") — 42 596 June 1 204. (par. under "Clerks at Embassies and Legations") 42 601 Do..- 204. (2d sentence under "Allowance for Clerk Hire at 42 602 United States Consulates".) June 10 215. 42 634 June 12 218. (1st proviso under "Civil Service Commission"). 42 637 Do.... 218- (2d full par. on p. 648) 42 648 June 13 219. 42 650 June 17 222. 42 661 June 29 249- 1 (1st 11 provisos under "Teachers"). 42 684,685 Do..- 249- 1 (9th full par. on p. 688) 42 688 Do...- 250- 3-6. 42 713-714 June 30 2S3. (last par. on p. 766) 42 766 Do..-. 208. 42 766 July 1 208- 1 (2d proviso on p. 769). 42 769 Sept. 22 428- 42 1047 1923 Jan. 3 (par. under "Clerks at Embassies and Legations") 42 1070 Do.... (2d sentence under "Allowance for Clerk Hire at 42 1071 United States Consulates".) Jan. 5 (words between 8th and 9th semicolons of 1st par.) 42 1110 Do.... (par. beginning "Commercial attaches") 42 1112 Jan. 22 1 (Ist par. under "Department of State") 42 1160 Jan. 24 (2d par. on p. 1176) 42 1176 Do...- (words between last 2 semicolons in 1st par. under 42 1177 "General Land Office".) Do.— 42- (last full par. on p. 1178) 42 1178 Feb. 13 72-. (1st proviso on p. 1241) 42 1241 Feb. 28 146. 42 1325 Do.-.. 148. 1 (1st 11 provisos imder" Teachers")- 42 1342,1343 Do.— 148. 1 (1st par. on p. 1344) 42 1344 D o - 148. 1 (last par. beginning on p. 1346) 42 1346 Mar. 2 174. 42 1374 D o - 178- (last full par. on p. 1417). 42 1417 Mar. 3 23S. 42 1444 Mar. 4 281. 42 1454 Do... 382. 209 (b) (4th sentence). 42 1467 Do.... 252. 301 , 42 1473 Do... 252. 501-603 42 1480-1481 Do... 273. 42 1603 Do... 42 1616 Do... 1 (proviso on p. 1532). 42 1632 Do.. 293. 3,5 42 1568 1924 Feb. 20 37 . 43 14 Apr. 19 129. 43 104 May 24 182- 7,8. 43 141-142
646 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Cbapter Section Volume Page 1924 May 28 202. 179 Do-.- 204- (par. under " Clerks at Embassies and Legations") 206 Do... 204. (2d sentence under "Allowance for Clerk Hire at 208 United States Consulates".) Do— 204. (words between 3d and 4tb commas of 1st par. under 224 " Department of Commerce".) Do- 204- (par. beginning "Commercial attaches") 43 225 June 234. 1102 - - 43 353 June 261- 43 389 Do. 264. (4th full par. on p. 392)_ -. 43 392 Do. 264- (3d full par. on p. 394) 43 394 June 291. (last full par. on p. 511) 43 511 Do. 292. 1 (2d par. on. p. 631) 43 531 Do. 302. 1 (1st 8 provisos under "Teachers"). 43 654,555 Do. 302. 1 (penultimate par. on p. 657) 43 657 Do. 302. 1 (2d and 3d provisos on p. 562) 43 562 Do. 302. 1 (provisos on p. 563) 43 563 Do. 315. 3 43 599 Do. 355. 6- 43 659 Do. 377. 43 660 Dec. 13 12. 43 714 1026 Jan. 14 77... 43 748 Jan. 17 84... 43 752 Jan. 22 87.. (provisos and 2d par. under " Ofllce of the Secretary") 43 764 Jan. 31 124. 3 43 803 Feb. 9 167. 43 819 Feb. 10 200. (provisos under "Office of the Secretary"). 43 822 Feb. 11 209. (provisos on p. 861) 43 861 Feb. 12 225. (provisos on p. 892) 43 892 Do-— 225. (last full par. on p. 926) 43 926 Feb. 21 278. 43 957 Feb. 27 364. (provisos on p. 1014) -. 43 1014 Do-.- 364. (words between 1st and 3d semicolons under "Depart- 43 1025 ment of Justice".) D o . . . . 364. (1st 46 words of 4th full par. on p. 1026) 43 1026 D o . . - . 364. (parenthetical expression in last par. on p. 1029) 43 1029 D o - . - 364. (words between 3d and 4th commas of 1st par. under 43 1033 "Department of Commerce".) Do-.- 364. (par. beginning "Commercial attaches") -. 43 1034 Mar. 3 462. (provisos on p. 1141) 43 1141 Do.... 462. (1st full par. on p. 1143) 43 1143 Do.... 462. (4th proviso on p. 1145) -. 43 1145 Do-.- 462. (1st par. imder "Territory of Alaska") 43 1181 Do-.-. 468. 43 1212 Do..- 477. 1 (4th full par. on p. 1233)- 43 1233 Mar. 4 549. 3- 43 1301 Do-..- 561. 5 43 1356 1926 Feb. 26 27- 1201, 1202,1206. 44 126,127,129 Mar. 16 58.. 1,6 44 208,209 Mar. 18 61.- 44 212 Apr. 15 146. (Ist full par. on p. 288). 44 288 Apr. 16 148. 44 297 Apr. 29 195. (words between 3d and 4th commas of 1st par. under 44 349 "Department of Commerce".) D e - 195. (par. beginning "Commercial attaches") 44 350 May 10 276. 1 (7th par. on p. 433) 44 433 Do.... 277. 1 (2d full par. on p. 455) 44 455 Do... 277. 1 (last proviso on p. 456) 44 456 May 11 286. (3d proviso on p. 500) 44 600 May 17 303. 44 568 May 20 348. 44 587 June 26 695. 44 772 July 2 723. 21- 44 800
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 647 Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1926 July 3 752. 830 Do.... 760. 834 Do.... 765. 837 Do...- 783. 892 Do..-. 801. 904 Dec. 11 4... 918 Dec. 16 8... 921 1927 Jan. 12 27.. 1 (2d full par. on p. 936). 936 Do.... 27.. 1 (1st proviso on p. 938). 938 Do- 27.. 1 (2d proviso on p. 957),. 957 Jan. 18 39.. (3d proviso on p. 977).... 977 Jan. 21 47.. 6(d) 1021 Feb, 12 110. 1086 Feb. 23 167. (last full par. on p. 1138) 1138 Feb. 24 189. (words between 3d and 6tta commas of 1st par. under 1199 "Department of Commerce".) Do.— 189. (par. begliming " Commercial attaches") 1200 Mar. 2 271. 1 (8th fuU par. on p. 1314) 1314 Do.... 284. 1346 Mar. 3 346. 1380 Do.... 348. 1382 Do.... 365. 1396 Do.... 381. 1403 Mar. 4 509. 1444 1928 Feb. 15 57- (words between 3d and 6th commas of 1st par. under 45 83 "Department of Commerce".) Mar. 126. 2 46 193 Mar. 134. 45 197 Mar. 137. 1 Oast proviso on p. 227).. 45 227 Mar. 167. 23 46 279 Mar. 232. 1 Gast full par. on p. 354). 45 354 Apr. 315. 45 405 Apr. 382. 46 433 May 572. (2d proviso on p. 640) 45 540 Do. 580- 1 (3d par. under "Bureau of Efflciency"). 45 676 May 606. 45 596 May 659. 1 (7th par. on p. 662). 45 662 May 901- 1 (116), 2 45 995,996 Do. 909. 46 1006 1929 Jan. 25 102 (words between 3d and 6th commas of 1st par. under 1114 "Department of Commerce".) Feb. 227. (1st proviso on p. 1190) 1190 Feb. 270_ 1 (3d par. under "Bureau of Efllciency") 1233 Do. 271- 1248 Feb. 25 313- 1262 Do. 314. 1 (4th par. on p. 1279). 1279 Feb. 323-. 1307 Feb. 366- (2d par. on p. 1353) 1353 Do. 366. (4th full par. on p. 1375). 1375 Do. 367.. 1 (proviso on p. 1397) 1397 Mar. 444 . 1442 Mar. .540 ("Sec. 9") 1521 Mar. 701-. 5 1559 Do. 7ft')_. 1 (2d proviso on p. 1589). 1589 Do. 714-. 1- 1699 June 28 - 3 (2d proviso). 21 Dec. 7-... 3 50 1930 Apr. 17 174. 170 Apr. 23 209 253 May 14 273- 1 (2d proviso on p. 306). 306 May 26 324 2 382 Do. . . 384
648 PUBLIC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statute 3 at Large Date Chapter Section Volume Page 1930 May 27 341. (3d proviso on p. 393). 46 393 May 28 348. (3d par. on p. 458) 46 468 May 29 349. 46 468 June 6 407. 1 (proviso on p. 616). 46 516 June 11 455. 46 654 June 17 497. 339 46 706 June 26 618. 46 817 Do.... 622. 46 818 June 27 644. 46 822 July 3 847. 6 (4th par.) 46 948 Do.... 848. 1 (1st par. on p. 969). 46 W» Do..-. 855. 46 1009 Dec. 12 10-. 46 1026 1931 Feb. 10 117. 46 1085 Feb. 14 187. 1 (2d proviso on p. 1142) 46 1142 Feb. 20 234. 1 (proviso on p. 1185) 46 1185 Feb. 23 278. (2d proviso on p. 1243) 46 1243 Do...- 279. (2d par. on p. 1302) 46 1302 Do.... 280. 1 (words between 2d and 4th commas of 1st par. under 46 1329 "Department of Commerce"). Do...- 282. 1 (5th full par. on p. 1394) 46 1394 Feb. 24 287. 46 1415 Feb. 26 306. 46 1421 Mar. 2 375. 46 1471 Mar. 4 516. 46 1630 1932 Jan. 22 8... 3,4 47 6,6 Apr. 22 125. 1 (2d proviso on p. 114) 47 114 June 29 308. 1 (penultimate par. on p. 360) 47 360 June 30 314. 1 (proviso on p. 393) 47 393 Do—. 314. 204, 205, 209, 213,215 - 47 404-407 Do.... 314. 401-408 47 413-416 Do-... 314. 601-604.509- - 47 416,410 July 1 361. 1 (words between 2d and 4th commas of 1st par. under 47 497 "Department of Commerce"). July 7 443. 1 (4th proviso on p. 610) 47 610 July 14 482. 1 (1st par. on p. 690) 47 690 1933 Jan. 17 47 761 Feb. 17 1 (2d proviso on p. 842) 47 842 Feb. 28 134. 1 (proviso on p. 1362) 47 1362 Mar. 1 144. 1 (words between 3d and 6th commas of 1st par. under 47 1388 "Department of Commerce"). Mar. 3 203. (4th proviso on p. 1432) 47 1432 Do-... 212. 8,10,11,16,17 47 1615-1519 Mar. 4 281. 1 (1st full par. on p. 1596) 47 1696 Mar. 20 3... 5. 48 16 Do.... 3... 1 48 16 Mar. 31 17.. 1,2,4-6 48 22,23 May 12 25.. 40 (proviso). 48 61 Do..- 30.- 3 48 66 May 18 32.- 17 48 67 June 13 64.. 4 48 129 June 16 90-. 2,201 48 196,200 Do.... 91- 2,14 48 211,216 Do..-. 93.. 1 (2d par. on p. 236). 48 236 Do.... 2,70 48 257,269 Do.... 101. 8,16 48 305,307 1934 Feb. 15 1 (2d, 3d, and 4th provisos) 48 351,352 Mar. 2 1 (2d proviso on p. 380) 48 380 Mar. 15 1 (3d through 47th words under " Office of Chief Clerk 48 426 and Superintendent"). Mar. 24 84. 7 48 460
80 STAT. ] PUBLIC LAW 89-554-SEPT. 6, 1966 649 Statutes at Large—^Continued Statutes at Large Date Chapter Section Volume Page 1934 Mar. 26 87- 48 466 Do..- (3d proviso on p . 468) 48 468 Mar. 28 102. 1 Gast proviso on p. 612). 48 612 Do.-.. 102. 23 48 522 Apr. 7 104. 1 (words between 3d and 6tb commas of 1st par. under 48 546 "Department of Commerce"). May 10 277. 512(b), 513 48 759 May 30 372. 1 (proviso on p . 828) 48 828 June 4 1 (6tb par. on p. 860) 48 860 June 19 648. 1 (2d proviso on p . 1060) 48 1060 Do—. 677- 48 1183 June 22 709. 48 1201 June 27 850. 48 1267 Do... 48 1287 1930 Mar. 22 39. 1 (2d proviso on p . 70) 49 70 Do.... 1 (words between 3d and 6tb commas of 1st par. under 49 86 "Department of Commerce"). Apr. 8 48.. 14 49 119 May 9 101. 1 (2d proviso on p . 197).. 49 197 May 17 131. 1 (1st proviso on p . 248). 49 248 June 14 241. 1 (last par. on p . 366)— 49 366 July 25 416. 49 498 Aug. 28 791. 49 941 1936 Jan. 21 21.. 49 1097 Mar. 14 140. 49 1161 May 13 382. 49 1270 May 16 405. 1 (5th full par. on p . 1321) 49 1321 Do- 406. 1 (words between 3d and 6th commas of 1st par. under 49 1331 May 26 "Department of Commerce"). 452. 49 1374 May 27 463, 49 1-3 1380,1381 June 4 489. (3d proviso). 49 1421 June 6 519- 49 1478 Do.... 626. 49 1483 Do.... 529- 49 1484 June 22 691. 1 (2d proviso on p. 1781). 49 1781 Do.... 9, 10,20,21,26,38 49 1809,1812, 1813,1817 June 23 726. 1 (10th full par. on p. 1869). 49 1869 Do.... 728. 49 1888 June 24 754. 3 49 1904 June 26 830. 501, 502. 49 1964 Do... 832. 49 1969 Do... 842. 49 1978 1937 Feb. 3 50 7 Apr. 26 127. 50 72 June 16 359. 1 (1st proviso on p. 269) 50 269 Do.... 359. 1 (3d full par. on p. 273) 50 273 Do.... 359. 1 (words between 3d and 5th commas of 1st par. under 60 283 "Department of Commerce"). June 28 383.. 1, 2, 6, 8-10 50 319-321 June 29 403.- 1 (3d par. on p. 371) - 50 371 Do. 404.. (3d proviso) 50 395 July 13 494.- 50 512 July 26 622.. 50 533 Aug. 9 570.- 1 (1st proviso on p. 692). 50 592 Aug. 14 624.- 50 640 Do. 627.. 50 641 Aug. 19 704.. 6(c). 50 707 Aug. 26 823.. 50 840 Aug. 28 872.. 50 871 Sept. 1 601. 50 916
650 PUBUC LAW 89-554-SEPT. 6, 1966 [80 STAT. Statutes at Large—Continued Statutes at Large Date Chapter Section Volume Page 1938 Apr. 4 62.. 1 (Istpar. o n p . 170). 170 Apr. 6 79.. 200 Apr. 25 170. 221 Apr. 27 180. 1 (4th par. on p. 258) 258 Do..- 180. 1 (1st full par. on p. 269) .. 269 Do.... 180. 1 (words between 3d and 5th commas of 1st par. under "Department of Commerce").