5 U.S.C. § 5351 — Definitions

Page 610 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5349 Subsecs. (b), (c). Pub. L. 104–201, § 3548(a)(3)(C)(i), (ii), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘Vessel employees of the Panama Canal Commission may be paid in accord- ance with the wage practices of the maritime indus- try.’’ 1979—Subsec. (b). Pub. L. 96–70 substituted ‘‘Commis- sion’’ for ‘‘Company’’. 1972—Subsec. (a). Pub. L. 92–392 inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 92–392 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title. LIMITATION ON PAY ADJUSTMENTS For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see pro- visions set out as notes under section 5343 of this title. § 5349. Prevailing rate employees; legislative, ju- dicial, Bureau of Engraving and Printing, and government of the District of Columbia (a) The pay of employees, described under sec- tion 5102(c)(7) of this title, in the Library of Con- gress, the Botanic Garden, the Government Pub- lishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in ac- cordance with prevailing rates and in accord- ance with such provisions of this subchapter, in- cluding the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appro- priate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee con- cerned shall be deemed to have satisfied the re- quirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment re- ferred to in such paragraph. (b) Subsection (a) of this section does not mod- ify or otherwise affect section 5102(d) of this title, section 305 of title 44, and section 5141 of title 31. (Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; amended Pub. L. 95–454, title VIII, § 801(a)(3)(H), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 97–258, § 3(a)(11), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 100–426, title III, § 301, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101–474, § 5(j), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90–83, § 1(97), Sept. 11, 1967, 81 Stat. 220 (formerly classified to section 5341(a) of this title) prior to the general amendment of this sub- chapter by section 1(a) of Pub. L. 92–392. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1990—Subsec. (a). Pub. L. 101–474 struck out ‘‘the Ad- ministrative Office of the United States Courts,’’ before ‘‘the Library of Congress’’. 1988—Subsec. (a). Pub. L. 100–426 inserted reference to General Accounting Office. 1982—Subsec. (b). Pub. L. 97–258 substituted ‘‘section 5141’’ for ‘‘section 180’’. 1978—Subsec. (a). Pub. L. 95–454 substituted ‘‘sub- chapter VI of this chapter, relating to grade and pay re- tention,’’ for ‘‘section 5345, relating to retention of pay,’’, ‘‘subchapter VI of this chapter’’ for ‘‘section 5345 of this title’’, and ‘‘section 5361(1)’’ for ‘‘paragraph (2) of section 5345(a)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in subsec. (a) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title. EFFECTIVE DATE Section 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 a note under section 5341 of this title. SUBCHAPTER V—STUDENT-EMPLOYEES § 5351. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency, a military department, and the government of the District of Columbia; and (2) ‘‘student-employee’’ means— (A) a student nurse, medical or dental in- tern, resident-in-training, student dietitian, student physical therapist, and student oc- cupational therapist, assigned or attached to a hospital, clinic, or medical or dental lab- oratory operated by an agency; and (B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Man- agement. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) Page 611 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5354 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1052. Aug. 4, 1947, ch. 452, § 2, 61 Stat. 727. The section is restated in definition form. In para- graph (1), the words ‘‘an Executive agency, a military department’’ are coextensive with and substituted for ‘‘department, agency, or instrumentality of the Federal Government’’ in view of the definitions in sections 105 and 102. The exception from the Classification Act of 1923, as amended, is omitted as obsolete and superseded by the Classification Act of 1949, as amended, which is carried into this title. The present exception from the Classi- fication Act of 1949, as amended, is carried into section 5102(c)(16). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Par. (2)(B). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 5352. Stipends The head of each agency, and the District of Columbia Council with respect to the govern- ment of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum pre- scribed by the Office of Personnel Management. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(7), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1051 (1st sentence). Aug. 4, 1947, ch. 452, § 3 (1st sentence), 61 Stat. 727. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. 1968—Pub. L. 90–623 inserted ‘‘, and the District of Co- lumbia Council with respect to the government of the District of Columbia,’’ after ‘‘head of each agency’’ and substituted ‘‘its’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. § 5353. Quarters, subsistence, and laundry An agency may provide living quarters, sub- sistence, 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 sti- pend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to reg- ular employees at the same hospital, clinic, or laboratory for similar accommodations. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(8), Oct. 22, 1968, 82 Stat. 1312.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1051 (less 1st sentence). Aug. 4, 1947, ch. 452, § 3 (less 1st sentence), 61 Stat. 727. The section is restated for clarity. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1968—Pub. L. 90–623 inserted ‘‘, and the District of Co- lumbia Council with respect to the government of the District of Columbia,’’ after ‘‘head of the agency con- cerned’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Colum- bia, as provided by section 401 of Pub. L. 93–198. § 5354. Effect of detail or affiliation; travel ex- penses (a) Status as a student-employee is not termi- nated 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