5 U.S.C. § 3376 — Regulations

Page 433 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3376 local government at less than the appropriate rate of pay, and provisions relating to contributions to em- ployee benefit systems, and substituted ‘‘a Federal’’ for ‘‘an executive’’ and ‘‘Federal agency’’ for ‘‘executive agency’’ wherever appearing. Subsec. (d). Pub. L. 95–454, § 603(b), substituted ‘‘a Federal’’ for ‘‘an executive’’ in two places. Subsec. (e). Pub. L. 95–454, § 603(b), substituted ‘‘a Federal’’ for ‘‘an executive’’ and ‘‘Federal’’ for ‘‘execu- tive’’. 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 Section effective sixty days after Jan. 5, 1971, see sec- tion 404 of Pub. L. 91–648, set out as a note under sec- tion 3371 of this title. § 3375. Travel expenses (a) Appropriations of a Federal agency are available to pay, or reimburse, a Federal or State or local government employee in accord- ance with— (1) subchapter I of chapter 57 of this title, for the expenses of— (A) travel, including a per diem allowance, to and from the assignment location; (B) a per diem allowance at the assign- ment location during the period of the as- signment; and (C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the Federal agency considers the travel in the interest of the United States; (2) section 5724 of this title, for the expenses of transportation of his immediate family and of his household goods and personal effects to and from the assignment location; (3) section 5724a(a) of this title, for the ex- penses of per diem allowances for the imme- diate family of the employee to and from the assignment location; (4) section 5724a(c) of this title, for subsist- ence expenses of the employee and his imme- diate family while occupying temporary quar- ters at the assignment location and on return to his former post of duty; (5) section 5724a(g) of this title, to be used by the employee for miscellaneous expenses re- lated to change of station where movement or storage of household goods is involved; and (6) section 5726(c) of this title, for the ex- penses of nontemporary storage of household goods and personal effects in connection with assignment at an isolated location. (b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the as- signment of a Federal or State or local govern- ment employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control that are acceptable to the Federal agency concerned. If the employee violates the agreement, the money spent by the United States for these ex- penses is recoverable from the employee as a debt due the United States. The head of the Fed- eral agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government em- ployee on assignment with the agency. (c) Appropriations of a Federal agency are available to pay expenses under section 5742 of this title with respect to a Federal or State or local government employee assigned under this subchapter. (Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1924; amended Pub. L. 95–454, title VI, § 603(b), (e), Oct. 13, 1978, 92 Stat. 1190, 1191; Pub. L. 104–201, div. A, title XVII, § 1723(a)(1)(A), Sept. 23, 1996, 110 Stat. 2758.) Editorial Notes AMENDMENTS 1996—Subsec. (a)(3). Pub. L. 104–201, § 1723(a)(1)(A)(i), substituted ‘‘section 5724a(a)’’ for ‘‘section 5724a(a)(1)’’. Subsec. (a)(4). Pub. L. 104–201, § 1723(a)(1)(A)(ii), sub- stituted ‘‘section 5724a(c)’’ for ‘‘section 5724a(a)(3)’’. Subsec. (a)(5). Pub. L. 104–201, § 1723(a)(1)(A)(iii), sub- stituted ‘‘section 5724a(g)’’ for ‘‘section 5724a(b)’’. 1978—Subsec. (a). Pub. L. 95–454, § 603(b), (e), sub- stituted ‘‘a Federal agency’’ for ‘‘an executive agency’’ in introductory text, substituted ‘‘Federal’’ for ‘‘execu- tive’’ in cl. (1), added cl. (5), and redesignated former cl. (5) as (6). Subsec. (b). Pub. L. 95–454, § 603(b), substituted ‘‘the Federal’’ for ‘‘the executive’’. Subsec. (c). Pub. L. 95–454, § 603(b), substituted ‘‘a Federal agency’’ for ‘‘an executive agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title. 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 Section effective sixty days after Jan. 5, 1971, see sec- tion 404 of Pub. L. 91–648, set out as a note under sec- tion 3371 of this title. § 3376. Regulations The President may prescribe regulations for the administration of this subchapter. (Added Pub. L. 91–648, title IV, § 402(a), Jan. 5, 1971, 84 Stat. 1925.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective sixty days after Jan. 5, 1971, see sec- tion 404 of Pub. L. 91–648, set out as a note under sec- tion 3371 of this title. Executive Documents EX. ORD. NO. 11589. DELEGATION OF FUNCTIONS TO OFFICE OF PERSONNEL MANAGEMENT Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amend- ed by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, pro- vided: Page 434 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3381 1 See References in Text note below. By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. The Office of Personnel Management is hereby designated and empowered to exercise, without the approval, ratification, or other action of the Presi- dent, the following: (a) The authority of the President under section 3376 of title 5 of the United States Code [this section] to pre- scribe regulations for the administration of subchapter VI, ‘‘Assignments to and from States,’’ of chapter 33 of that title [this chapter]. (b) The authority of the President under section 205 (a)(4) of the Federal Civil Defense Act of 1950, as amended ([former] 50 U.S.C. App. 2286(a)(4)), and as af- fected by Reorganization Plan No. 1 of 1958 (72 Stat. 1799) [set out in the Appendix to this title], relating to the establishment and maintenance of personnel stand- ards on the merit basis. SEC. 2. To the extent that section 1(b) of this order is inconsistent with the provisions of Executive Order No. 10952 of July 20, 1961, as amended, section 1(b) shall con- trol. SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS § 3381. Training (a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has deter- mined— (1) he is medically disqualified for duties as a controller; (2) he is unable to maintain technical pro- ficiency as a controller; or (3) such removal is necessary for the preser- vation of the physical or mental health of the controller; is entitled to not more than the full-time equiv- alent of 2 years of training. (b) During a period of training under this sec- tion, a controller shall be— (1) retained at his last assigned grade and rate of basic pay as a controller; (2) entitled to each increase in rate of basic pay provided under law; and (3) excluded from staffing limitations other- wise applicable. (c) Upon completion of training under this sec- tion, a controller may be— (1) assigned to other duties in the Executive agency in which the controller is employed; (2) released for transfer to another Executive agency; or (3) involuntarily separated from the service. The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or ineffi- ciency for purposes of section 5595 or section 8336 of this title. (d) The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary ex- penses of training provided under this section, including expenses authorized to be paid under chapter 41 and subchapter I of chapter 57 of this title, and the costs of other services or facilities directly related to the training of a controller. (e) Except as provided by subsection (d) of this section, the provisions of chapter 41 of this title, other than sections 4105, 4107(a) and (b),1 and 4111, shall not apply to training under this sec- tion. (f) The provisions of this section shall not oth- erwise affect the authority of the Secretary to provide training under chapter 41 of this title or under any other provision of law. (Added Pub. L. 92–297, § 3(a), May 16, 1972, 86 Stat. 142; amended Pub. L. 96–347, § 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. L. 97–258, § 3(a)(7), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 103–226, § 2(b)(1), Mar. 30, 1994, 108 Stat. 112.) Editorial Notes REFERENCES IN TEXT For definition of Secretary, referred to in subsec. (a), see section 2109 of this title. Subsecs. (a) and (b) of section 4107 of this title, re- ferred to in subsec. (e), were struck out, and subsecs. (c) and (d) of section 4107 were redesignated (a) and (b), re- spectively, by Pub. L. 103–226, § 2(a)(5)(B), Mar. 30, 1994, 108 Stat. 112. Subsequently, section 4107 was amended generally by Pub. L. 107–296, title XIII, § 1331(a), Nov. 25, 2002, 116 Stat. 2298. AMENDMENTS 1994—Subsec. (e). Pub. L. 103–226 substituted ‘‘4105,’’ for ‘‘4105(a),’’. 1982—Subsec. (d). Pub. L. 97–258 substituted ‘‘section 3324(a) and (b)’’ for ‘‘section 529’’. 1980—Subsec. (a). Pub. L. 96–347, § 1(b), substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’. Subsec. (c)(1). Pub. L. 96–347, § 1(c)(1), substituted ‘‘in the Executive agency in which the controller is em- ployed’’ for ‘‘in the Department of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–226, § 2(c), Mar. 30, 1994, 108 Stat. 112, pro- vided that: ‘‘The amendments made by this section [amending this section and sections 4101, 4103, 4105, 4107, 4108, 4113, and 4118 of this title and repealing sections 4106 and 4114 of this title] shall become effective on the date of enactment of this Act [Mar. 30, 1994].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–347 effective on 90th day after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set out as a note under section 2109 of this title. EFFECTIVE DATE Pub. L. 92–297, § 10, May 16, 1972, 86 Stat. 145, provided that: ‘‘This Act [enacting this subchapter and section 2109 of this title, amending sections 3307, 8332, 8334 to 8336, 8339, 8341, 8344 of this title, enacting provisions set out as notes under this section and section 8335 of this title, and repealing provisions set out as a note under section 3307 of this title] shall become effective at the beginning of the ninetieth day after the date of enact- ment of this Act [May 16, 1972].’’ REPORT TO CONGRESS Pub. L. 92–297, § 9, May 16, 1972, 86 Stat. 145, directed the Secretary of Transportation to report to Congress no later than 5 years after May 16, 1972, concerning his operations under the amendments made by Pub. L. 92–297, including a detailed statement of the effective- ness of Pub. L. 92–297 in meeting the needs of the Air Traffic Controller career program and of the air traffic control system plus recommendations for the manage- ment of the program or the system. § 3382. Involuntary separation for retirement An air traffic controller who is eligible for im- mediate retirement under section 8336 of this