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5 U.S.C. § 6103 — Holidays

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6103 — Holidays

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Stable record: federal_law:legal_authorities:record_usc_799bba0b842041b5ef3630d7
Source file: Laws/federal/codes/united-states-code/title-5/section-6103-holidays--39c23b1e42.md
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Source location: Title 5, Chapter 61, § 6103; chapter-061-hours-of-work.md

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**(a)** The following are legal public holidays:New Year’s Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washington’s Birthday, the third Monday in February. Memorial Day, the last Monday in May. Juneteenth National Independence Day, June 19. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25. **(b)** For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following 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 Friday; and (B) the purpose of section 6309 11 See References in Text note below. 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 non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee. (3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) and individuals 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. **(d)** (1) For purposes of this subsection— (A) the term “compressed schedule” has the meaning given such term by section 6121(5); and (B) the term “adverse agency impact” has the meaning given such term by section 6131(b). (2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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) appointed 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; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (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 paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6309 — Repealed. Pub. L. 94–183, § 2(26), Dec. 31, 1975, 89 Stat. 1058]

### Statutory Notes Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521, related to authorized leave of absence of a rural postal carrier which occurred at beginning, during, or at end of a period of annual or sick leave.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1201 — Procedures in connection with the issuance of certain determination letters by the Secretary of the Treasury covering qualifications under Internal Revenue Code

**(a) Additional material required of applicants** Before issuing an advance determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of title 26, the Secretary of the Treasury shall require the person applying for the determination to provide, in addition to any material and information necessary for such determination, such other material and information as may reasonably be made available at the time such application is made as the Secretary of Labor may require under subchapter I of this chapter for the administration of that subchapter. The Secretary of the Treasury shall also require that the applicant provide evidence satisfactory to the Secretary that the applicant has notified each employee who qualifies as an interested party (within the meaning of regulations prescribed under [section 7476(b)(1) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7476/b/1&num=0&edition=prelim) (relating to declaratory judgments in connection with the qualification of certain retirement plans)) of the application for a determination. **(b) Opportunity to comment on application** (1) Whenever an application is made to the Secretary of the Treasury for a determination of whether a pension, profit-sharing, or stock bonus plan, a trust which is a part of such a plan, or an annuity or bond purchase plan meets the requirements of part I of subchapter D of chapter 1 of title 26, the Secretary shall upon request afford an opportunity to comment on the application at any time within 45 days after receipt thereof to— (A) any employee or class of employee qualifying as an interested party within

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 156 — Extension of patent term

**(a)** The term of a patent which claims a product, a method of using a product, or a method of manufacturing a product shall be extended in accordance with this section from the original expiration date of the patent, which shall include any patent term adjustment granted under section 154(b), if— (1) the term of the patent has not expired before an application is submitted under subsection (d)(1) for its extension; (2) the term of the patent has never been extended under subsection (e)(1) of this section; (3) an application for extension is submitted by the owner of record of the patent or its agent and in accordance with the requirements of paragraphs (1) through (4) of subsection (d); (4) the product has been subject to a regulatory review period before its commercial marketing or use; (5) (A) except as provided in subparagraph (B) or (C), the permission for the commercial marketing or use of the product after such regulatory review period is the first permitted commercial marketing or use of the product under the provision of law under which such regulatory review period occurred; (B) in the case of a patent which claims a method of manufacturing the product which primarily uses recombinant DNA technology in the manufacture of the product, the permission for the commercial marketing or use of the product after such regulatory review period is the first permitted commercial marketing or use of a product manufactured under the process claimed in the patent; or (C) for purposes of subparagraph (A), in the case of a patent which— (i) claims a new animal drug or a veterinary biological product which (I) is not covered by the claims in any other patent which has been extended, and (II) has received permission for the commercial marketing or use in non

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5120 — Payment of benefits; delivery

**(a)** Monetary benefits under laws administered by the Secretary shall be paid by checks drawn, pursuant to certification by the Secretary, in such form as to protect the United States against loss, and payable by the Treasurer of the United States. Such checks shall be payable without separate vouchers or receipts except in any case in which the Secretary may consider a voucher necessary for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at the payee’s last known address and, if the payee has moved and filed a regular change of address notice with the United States Postal Service, shall be forwarded to the payee. The envelope or cover of each such checks shall bear on the face thereof the following notice: “POSTMASTER: PLEASE FORWARD if addressee has moved and filed a regular change-of-address notice. If addressee is deceased, return the letter with date of death, if known.” **(b)** Postmasters, delivery clerks, letter carriers, and all other postal employees are prohibited from delivering any mail addressed by the United States and containing any such check to any person whomsoever if such person has died or in the case of a surviving spouse, if the postal employee believes that the surviving spouse has remarried (unless the mail is addressed to the surviving spouse in the name the surviving spouse has acquired by the remarriage). The preceding sentence shall apply in the case of checks in payment of benefits other than pension, compensation, dependency and indemnity compensation, and insurance, only insofar as the Secretary deems it necessary to protect the United States against loss. **(c)** Whenever mail is not delivered because of the prohibition of subsection (b), such mail shall be returned forthwith by the po

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 909 — Delivery of benefit checks

**(a) Saturdays, Sundays, and holidays** If the day regularly designated for the delivery of benefit checks under subchapter II, VIII, or XVI falls on a Saturday, Sunday, or legal public holiday (as defined in [section 6103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103&num=0&edition=prelim)) in any month, the benefit checks which would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would as a result have to be made before the end of the month for which such checks are issued. **(b) Recovery of overpayments** If more than the correct amount of payment under subchapter II, VIII, or XVI is made to any individual as a result of the receipt of a benefit check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken (under section 404 or 1383(b) of this title or otherwise) to recover such payment or the incorrect portion thereof. **(c) Early delivery** For purposes of computing the “OASDI trust fund ratio” under section 401(l) of this title, the “OASDI fund ratio” under [section 415(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim), and the “balance ratio” under [section 910(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section910/b&num=0&edition=prelim), benefit checks delivered before the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 101 — Executive departments

The Executive departments are:

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6104 — Holidays; daily, hourly, and piece-work basis employees

When a regular employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) 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 Columbia, by order of the Mayor; (2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or (3) solely because of the occurrence of a legal public holiday under [section 6103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103&num=0&edition=prelim), 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 Mayor; he is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20981 — Periodic studies of election administration issues

**(a) In general** On such periodic basis as the Commission may determine, the Commission shall conduct and make available to the public studies regarding the election administration issues described in subsection (b), with the goal of promoting methods of voting and administering elections which— (1) will be the most convenient, accessible, and easy to use for voters, including members of the uniformed services and overseas voters, individuals with disabilities, including the blind and visually impaired, and voters with limited proficiency in the English language; (2) will yield the most accurate, secure, and expeditious system for voting and tabulating election results; (3) will be nondiscriminatory and afford each registered and eligible voter an equal opportunity to vote and to have that vote counted; and (4) will be efficient and cost-effective for use. **(b) Election administration issues described** For purposes of subsection (a), the election administration issues described in this subsection are as follows: (1) Methods and mechanisms of election technology and voting systems used in voting and counting votes in elections for Federal office, including the over-vote and under-vote notification capabilities of such technology and systems. (2) Ballot designs for elections for Federal office. (3) Methods of voter registration, maintaining secure and accurate lists of registered voters (including the establishment of a centralized, interactive, statewide voter registration list linked to relevant agencies and all polling sites), and ensuring that registered voters appear on the voter registration list at the appropriate polling site. (4) Methods of conducting provisional voting. (5) Methods of ensuring the accessibility of voting, registration, polling plac

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6103 — Holidays

Page 791 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6103 1 See References in Text note below. Executive Documents DELEGATION OF FUNCTIONS Functions vested in Office of Personnel Management under this section insofar as it affects officers and em- ployees in or under the executive branch of the govern- ment to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President. [§ 6102. Repealed. Pub. L. 92–392, § 7(a), Aug. 19, 1972, 86 Stat. 573] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 515, pro- vided for eight-hour day and 40-hour workweek for wage-board employees. See sections 5544(a) and 6101(a)(1) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effec- tive Date note under section 5341 of this title. § 6103. Holidays (a) The following are legal public holidays: New Year’s Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washington’s Birthday, the third Monday in February. Memorial Day, the last Monday in May. Juneteenth National Independence Day, June 19. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in Octo- ber. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25. (b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rule

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