44 U.S.C. § 305 — Director of the Government Publishing Of-

Page 8 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 303 of this Act [Dec. 16, 2014] to the Deputy Public Printer shall be considered to refer and apply to the Deputy Di- rector of the Government Publishing Office.’’ § 303. Director of the Government Publishing Of- fice and Deputy Director of the Government Publishing Office: pay The annual rate of pay for the Director of the Government Publishing Office shall be a rate which is equal to the rate for level II of the Ex- ecutive Schedule under subchapter II of chapter 53 of title 5. The annual rate of pay for the Dep- uty Director of the Government Publishing Of- fice shall be a rate which is equal to the rate for level III of such Executive Schedule. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 94–82, title II, § 204(c)(1), Aug. 9, 1975, 89 Stat. 421; Pub. L. 101–520, title II, § 209, Nov. 5, 1990, 104 Stat. 2274; Pub. L. 108–83, title I, § 1301(a), Sept. 30, 2003, 117 Stat. 1033; Pub. L. 113–235, div. H, title I, § 1301(c), (e), Dec. 16, 2014, 128 Stat. 2537.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 39a (Pub. L. 88–426, title II, § 203(c), (d), Aug. 14, 1964, 78 Stat. 415, as amend- ed Pub. L. 90–206, title II, § 219(2), (3), Dec. 16, 1967, 81 Stat. 639.) Editorial Notes REFERENCES IN TEXT Levels II and III of the Executive Schedule, referred to in text, are set out in sections 5313 and 5314, respec- tively, of Title 5, Government Organization and Em- ployees. AMENDMENTS 2014—Pub. L. 113–235, § 1301(e), substituted ‘‘Deputy Director of the Government Publishing Office’’ for ‘‘Deputy Public Printer’’ in section catchline and text. Pub. L. 113–235, § 1301(c), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’ in section catchline and text. 2003—Pub. L. 108–83 reenacted section catchline with- out change and amended text generally. Prior to amendment, text read as follows: ‘‘The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level III of the Executive Schedule of subchapter II of chapter 53 of Title 5. The annual rate of pay for the Deputy Public Printer shall be a rate which is equal to the rate for level IV of such Executive Schedule.’’ 1990—Pub. L. 101–520 amended section generally. Prior to amendment, section read as follows: ‘‘The annual rate of pay for the Public Printer shall be a rate which is equal to the rate for level IV of the Executive Sched- ule of subchapter II of chapter 53 of title 5. The annual rate of pay for the Deputy Public Printer shall be a rate which is equal to the rate for level V of such Exec- utive Schedule.’’ 1975—Pub. L. 94–82 substituted ‘‘pay’’ for ‘‘compensa- tion’’ in section catchline, and substituted provisions setting the rate of pay for the Public Printer at a rate equal to the rate for level IV of the Executive Schedule and the rate of pay for Deputy Public Printer at a rate equal to the rate for level V of such Schedule for provi- sions setting the compensation of the Public Printer and the Deputy Public Printer at the rate of $28,750 and $27,500 per annum, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–83, title I, § 1301(b), Sept. 30, 2003, 117 Stat. 1033, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act [Sept. 30, 2003].’’ SALARY INCREASES 1987—Salaries of Public Printer and Deputy Public Printer increased respectively to $77,500 and $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. 1977—Salaries of the Public Printer and Deputy Pub- lic Printer increased respectively to $50,000 and $47,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. 1969—Salaries of the Public Printer and Deputy Pub- lic Printer increased respectively from $28,750 and $27,500 to $38,000 and $36,000 per annum, commencing on the first day of the pay period which begins after Feb. 14, 1969, on recommendation of the President of the United States, see note set out under section 358 of Title 2. § 304. Director of the Government Publishing Of- fice: vacancy in office In case of the death, resignation, absence, or sickness of the Director of the Government Pub- lishing Office, the Deputy Director of the Gov- ernment Publishing Office shall perform the du- ties of the Director of the Government Pub- lishing Office until a successor is appointed or the Director’s absence or sickness ceases; but the President may direct any other officer of the Government, whose appointment is vested in the President by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sick- ness or absence of the Director of the Govern- ment Publishing Office ceases. A vacancy occa- sioned by death or resignation may not be filled temporarily under this section for longer than ten days, and a temporary appointment, des- ignation, or assignment of another officer may not be made except to fill a vacancy happening during a recess of the Senate. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1239; Pub. L. 113–235, div. H, title I, § 1301(c), (e)(1), (i)(1), Dec. 16, 2014, 128 Stat. 2537, 2538.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 32 (Jan. 12, 1895, ch. 23, § 36, 28 Stat. 606; May 27, 1908, ch. 200, § 1, 35 Stat. 382.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–235, § 1301(i)(1), substituted ‘‘or the Director’s’’ for ‘‘or his’’. Pub. L. 113–235, § 1301(e)(1), substituted ‘‘Deputy Di- rector of the Government Publishing Office’’ for ‘‘Dep- uty Public Printer’’. Pub. L. 113–235, § 1301(c), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’ in section catchline and wherever appearing in text. § 305. Director of the Government Publishing Of- fice: employees; pay (a) The Director of the Government Publishing Office may employ journeymen, apprentices, la- borers, and other persons necessary for the work of the Government Publishing Office at rates of Page 9 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 305 wages and salaries, including compensation for night and overtime work, the Director considers for the interest of the Government and just to the persons employed, except as otherwise pro- vided by this section. The Director of the Gov- ernment Publishing Office may not employ more persons than the necessities of the public work require nor more than four hundred apprentices at one time. The minimum pay of journeymen printers, pressmen, and bookbinders employed in the Government Publishing Office shall be at the rate of 90 cents an hour for the time actually employed. Except as provided by the preceding part of this section the rate of wages, including compensation for night and overtime work, for more than ten employees of the same occupa- tion shall be determined by a conference be- tween the Director of the Government Pub- lishing Office and a committee selected by the trades affected, and the rates and compensation so agreed upon shall become effective upon ap- proval by the Joint Committee on Printing. When the Director of the Government Pub- lishing Office and the committee representing the trade fail to agree as to wages, salaries, and compensation, either party may appeal to the Joint Committee on Printing, and the decision of the Joint Committee is final. The wages, sala- ries, and compensation so determined are not subject to change oftener than once a year. (b) The Director of the Government Publishing Office may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 91–167, Dec. 26, 1969, 83 Stat. 453; Pub. L. 91–369, July 31, 1970, 84 Stat. 693; Pub. L. 113–235, div. H, title I, § 1301(b), (c), (i)(2), Dec. 16, 2014, 128 Stat. 2537, 2538.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 40 (Jan. 12, 1895, ch. 23, §§ 39, 49, 50, 28 Stat. 607, 608; June 6, 1900, ch. 791, § 1, 31 Stat. 643; Mar. 4, 1909, ch. 299, § 1, 35 Stat. 1021, 1024; Aug. 24, 1912, ch. 355, § 1, 37 Stat. 482; July 8, 1918, ch. 139, § 1, 40 Stat. 836; Aug. 2, 1919, ch. 30, 41 Stat. 272; Feb. 20, 1923, ch. 98, 42 Stat. 1278; June 7, 1924, ch. 354, § 1, 43 Stat. 658). Last sentence of this section was deleted as executed. Editorial Notes AMENDMENTS 2014—Pub. L. 113–235, § 1301(c)(2), substituted ‘‘Direc- tor of the Government Publishing Office’’ for ‘‘Public Printer’’ in section catchline. Subsec. (a). Pub. L. 113–235, § 1301(i)(2), substituted ‘‘the Director considers’’ for ‘‘he considers’’ and ‘‘The Director of the Government Publishing Office may not’’ for ‘‘He may not’’. Pub. L. 113–235, § 1301(c)(1), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Print- er’’ in three places. Subsec. (b). Pub. L. 113–235, § 1301(c)(1), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’. 1970—Pub. L. 91–369 designated existing provisions as subsec. (a) and added subsec. (b). 1969—Pub. L. 91–167 substituted ‘‘four hundred’’ for ‘‘two hundred’’ as the number of apprentices which the Public Printer may employ at one time. 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 this title. REPEALS General repealer of provisions inconsistent with Pub. L. 92–392 as not repealing or affecting this section, see section 13 of Pub. L. 92–392, set out as a note under sec- tion 5341 of Title 5, Government Organization and Em- ployees. VOLUNTARY SEPARATION INCENTIVES Pub. L. 105–275, title III, § 309, Oct. 21, 1998, 112 Stat. 2454, as amended by Pub. L. 107–68, title II, § 210(a), Nov. 12, 2001, 115 Stat. 590; Pub. L. 112–10, div. B, title IX, § 1926(a), Apr. 15, 2011, 125 Stat. 172; Pub. L. 113–235, div. H, title I, § 1301(b), (d), Dec. 16, 2014, 128 Stat. 2537, pro- vided that: ‘‘(a) SEVERANCE PAY.—[Amended section 5595 of Title 5, Government Organization and Employees.] ‘‘(b) EARLY RETIREMENT.—(1) This subsection applies to an employee of the Government Publishing Office who— ‘‘(A) voluntarily separates from service on or after the date of enactment of this Act [Oct. 21, 1998] and before October 1, 2004; and ‘‘(B) on such date of separation— ‘‘(i) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5, United States Code; or ‘‘(ii) has completed 20 years of such service and is at least 50 years of age. ‘‘(2) Notwithstanding any provision of chapter 83 or 84 of title 5, United States Code, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5, United States Code. ‘‘(c) VOLUNTARY SEPARATION INCENTIVE PAYMENTS.— (1) In this subsection, the term ‘employee’ means an employee of the Government Publishing Office, serving without limitation, who has been currently employed for a continuous period of at least 12 months, except that such term shall not include— ‘‘(A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; ‘‘(B) an employee having a disability on the basis of which such employee is or would be eligible for dis- ability retirement under any of the retirement sys- tems referred to in subparagraph (A); or ‘‘(C) an employee who is employed on a temporary when actually employed basis. ‘‘(2) Notwithstanding any other provision of law, in order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganization, transfer of function, or other similar action affecting the agency, the Director of the Government Publishing Office shall establish a program under which voluntary separation incentive payments may be offered to en- courage eligible employees to separate from service voluntarily (whether by retirement or resignation) dur- ing the period beginning on the date of the enactment of this Act [Oct. 21, 1998] through September 30, 2004. ‘‘(3) Such voluntary separation incentive payments shall be paid in accordance with the provisions of sec- tion 5597(d) of title 5, United States Code. Any such payment shall not be a basis of payment, and shall not be included in the computation, of any other type of Government benefit. ‘‘(4)(A) Not later than January 15, 1999, the Director of the Government Publishing Office shall submit a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees). Page 10 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 306 ‘‘(B) No voluntary separation incentive payment may be paid under this section unless the Director of the Government Publishing Office submits a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees) and the Joint Committee on Printing approves the plan (or such successor committees approve the plan). ‘‘(C) The plan referred to under subparagraph (B) shall include— ‘‘(i) the positions and functions to be reduced or eliminated, identified by organizational unit, occupa- tional category, and pay or grade level; ‘‘(ii) the number and amounts of voluntary separa- tion incentive payments to be offered; and ‘‘(iii) a description of how the Government Pub- lishing Office will operate without the eliminated po- sitions and functions. ‘‘[(5) Repealed. Pub. L. 112–10, div. B, title IX, § 1926(a), Apr. 15, 2011, 125 Stat. 172.] ‘‘(6)(A) Subject to subparagraph (B), an employee who has received a voluntary separation incentive payment under this section and accepts employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the agency that paid the in- centive payment. ‘‘(B)(i) If the employment is with an Executive agen- cy (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Manage- ment may, at the request of the head of the agency, waive the repayment if the individual involved pos- sesses unique abilities and is the only qualified appli- cant available for the position. ‘‘(ii) If the employment is with an entity in the legis- lative branch, the head of the entity or the appointing official may waive the repayment if the individual in- volved possesses unique abilities and is the only quali- fied applicant available for the position. ‘‘(iii) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the indi- vidual involved possesses unique abilities and is the only qualified applicant available for the position. ‘‘(C) For purposes of subparagraph (A) (but not sub- paragraph (B)), the term ‘employment’ includes em- ployment under a personal services contract with the United States. ‘‘(7) Not later than January 15, 1999, the Director of the Government Publishing Office shall prescribe regu- lations to carry out this subsection. ‘‘(d) RETRAINING, JOB PLACEMENT, AND COUNSELING SERVICES.—(1) In this subsection, the term ‘employee’— ‘‘(A) means an employee of the Government Pub- lishing Office; and ‘‘(B) shall not include— ‘‘(i) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or ‘‘(ii) an employee who is employed on a tem- porary when actually employed basis. ‘‘(2) The Director of the Government Publishing Of- fice may establish a program to provide retraining, job placement, and counseling services to employees and former employees. ‘‘(3) A former employee may not participate in a pro- gram established under this subsection, if— ‘‘(A) the former employee was separated from serv- ice with the Government Publishing Office for more than 1 year; or ‘‘(B) the separation was by removal for cause on charges of misconduct or delinquency. ‘‘(4) Retraining costs for the program established under this subsection may not exceed $5,000 for each employee or former employee. ‘‘(e) ADMINISTRATIVE PROVISIONS.—(1) The Director of the Government Publishing Office— ‘‘(A) may use employees of the Government Pub- lishing Office to establish and administer programs and carry out the provisions of this section; and ‘‘(B) may procure temporary and intermittent serv- ices under section 3109(b) of title 5, United States Code, to carry out such provisions— ‘‘(i) not subject to the 1 year of service limitation under such section 3109(b); and ‘‘(ii) at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ‘‘(2) Funds to carry out subsections (a) and (c) may be expended only from funds available for the basic pay of the employee who is receiving the applicable payment. ‘‘(3) Funds to carry out subsection (d) may be ex- pended from any funds made available to the Director of the Government Publishing Office.’’ [Pub. L. 112–10, div. B, title IX, § 1926(b), Apr. 15, 2011, 125 Stat. 172, provided that: ‘‘The amendment made by subsection (a) [amending section 309 of Pub. L. 105–275, set out above] shall take effect as if included in the en- actment of the Legislative Branch Appropriations Act, 1999 [Pub. L. 105–275].’’] [Pub. L. 107–68, title II, § 210(b), Nov. 12, 2001, 115 Stat. 590, provided that: ‘‘The amendments made by this sec- tion [amending section 309 of Pub. L. 105–275, set out above] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 1999 [Pub. L. 105–275].’’] § 306. Director of the Government Publishing Of- fice: employment of skilled workmen; trial of skill The Director of the Government Publishing Office shall employ workmen who are thor- oughly skilled in their respective branches of in- dustry, as shown by trial of their skill under the direction of the Director. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 113–235, div. H, title I, § 1301(c), (i)(3), Dec. 16, 2014, 128 Stat. 2537, 2538.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 41 (Jan. 12, 1895, ch. 23, § 45, 28 Stat. 607). Editorial Notes AMENDMENTS 2014—Pub. L. 113–235, § 1301(i)(3), substituted ‘‘the di- rection of the Director’’ for ‘‘his direction’’. Pub. L. 113–235, § 1301(c), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’ in section catchline and text. § 307. Director of the Government Publishing Of- fice: night work The Director of the Government Publishing Office shall cause the public printing in the Gov- ernment Publishing Office to be done at night as well as through the day, when the exigencies of the public service require it. (Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 113–235, div. H, title I, § 1301(b), (c), Dec. 16, 2014, 128 Stat. 2537.) HISTORICAL AND REVISION NOTES Based on 44 U.S. Code, 1964 ed., § 42 (Jan. 12, 1895, ch. 23, § 47, 28 Stat. 607). Editorial Notes AMENDMENTS 2014—Pub. L. 113–235, § 1301(c), substituted ‘‘Director of the Government Publishing Office’’ for ‘‘Public Printer’’ in section catchline and text.