5 U.S.C. § 5527 — Regulations

Page 653 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5527 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3075. Sept. 26, 1961, Pub. L. 87–304, § 5, 75 Stat. 663. 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 2001—Pub. L. 107–68 inserted at end ‘‘For purposes of this section, the term ‘agency’ includes the Office of the Architect of the Capitol.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–68, title I, § 133(b)(2), Nov. 12, 2001, 115 Stat. 582, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to pay periods beginning on or after the date of the enactment of this Act [Nov. 12, 2001].’’ § 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 avail- able on a reimbursable basis for payment of pay, allowances, and differentials to or for the ac- counts of employees of another agency under this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3078. Sept. 26, 1961, Pub. L. 87–304, § 8, 75 Stat. 664. The word ‘‘civilian’’ is omitted as unnecessary in view of the definition of ‘‘employee’’ in section 5521(2), and the fact that military personnel are not ‘‘em- ployed’’. 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. § 5527. Regulations (a) To the extent practicable in the public in- terest, the President shall coordinate the poli- cies and procedures of the respective Executive agencies under this subchapter. (b) The President, with respect to the Execu- tive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Colum- bia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appro- priate 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 90–623, § 1(11), Oct. 22, 1968, 82 Stat. 1312.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3076. Sept. 26, 1961, Pub. L. 87–304, § 6, 75 Stat. 664. In subsection (b), the last sentence of former section 3076, which provided for the issuance of the regulations not later than December 25, 1961, and the effective date of the regulations as not later than March 25, 1962, is omitted as executed. 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—Subsec. (b). Pub. L. 90–623 inserted reference to the District of Columbia Council, with respect to the government of the District of Columbia. 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. Executive Documents EX. ORD. NO. 10982. ADMINISTRATION OF PROVISIONS OF CHAPTER Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, provided: By virtue of the authority vested in me by the act of September 26, 1961 (75 Stat. 662) [this subchapter] and by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as fol- lows: SECTION 1. As used in this order: (a) The term ‘‘the act’’ means the act of September 26, 1961 (Public Law 87–304), 75 Stat. 662 [now this sub- chapter]. (b) The term ‘‘Federal agency’’ means any executive department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any cor- poration wholly owned or controlled by the Govern- ment. (c) The term ‘‘foreign area’’ means any area (includ- ing the Trust Territory of the Pacific Islands) situated outside (1) the United States (including the District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal Zone, and (4) any territory or possession of the United States. SEC. 2. (a) Except as otherwise provided by section 2(b) and section 3(c) of this order, the Secretary of State in respect of civilian employees of Federal agen- cies who are located in foreign areas immediately prior to an emergency evacuation, and the Office of Per- sonnel Management in respect of all other civilian em- ployees of Federal agencies, are hereby designated and empowered, without the approval, ratification, or other action of the President, to perform the functions con- Page 654 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5531 ferred upon the President by section 3(a), section 3(b), and section 6(a) of the act [sections 5523(a), 5523(b), and 5527(a) of this title]. (b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of sec- tion 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509. SEC. 3. The following regulations are hereby pre- scribed as necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the ad- ministration of the act: (a) To the maximum extent practicable, the Sec- retary of State, the Office of Personnel Management, and the heads of other Federal agencies shall exercise their authority under the act and this order so that em- ployees of different Federal agencies evacuated from the same geographic area under the same general cir- cumstances may be treated uniformly. (b) Advance payments of compensation, allowances, and differentials, as authorized by section 2 of the act [section 5522 of this title], shall be held to the min- imum period during which the order for evacuation is anticipated to continue, and shall in no event be made for a period of more than thirty days. (c) It is hereby determined to be in the interest of the United States that payments of monetary amounts as authorized by section 3 of the act [section 5523 of this title] to and for the account of an employee whose evacuation is ordered and who is prevented from per- forming the duties of his position, under the cir- cumstances set forth in section 3 of the act, should be extended beyond sixty days for not more than one hun- dred and twenty additional days only upon determina- tion, pursuant to regulations of the head of the Federal agency concerned, that such additional payments are reasonably necessary to maintain a civilian staff avail- able for performance of duty. Such payments of mone- tary amounts under the authority of section 3 of the act shall be terminated as of such dates as may be de- termined by the Secretary of State or the Office of Per- sonnel Management, as appropriate, but not later than the date on which an employee resumes his duties at the post from which he has been evacuated or is as- signed to another position. SEC. 4. (a) The head of each Federal agency shall issue as soon as practicable such regulations as may be necessary and appropriate to carry out his functions under the act and this order. (b) In order to coordinate the policies and procedures of the executive branch of the Government, all regula- tions of any Federal agency prepared for issuance under the provisions of section 6(c) of the act [section 5527(c) of this title] and section 4(a) of this order shall be sub- mitted for prior approval to the Secretary of State, or to the Office of Personnel Management, as may be ap- propriate, under section 2 of this order. The Secretary of State and the Office of Personnel Management shall review such regulations for conformance with the pur- pose and intent of the act and of the regulations con- tained in section 3 of this order. No Federal agency shall make any payment under the provisions of the act or this order until such regulations have been ap- proved by the Secretary of State, or the Office of Per- sonnel Management, as appropriate. SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT § 5531. Definitions For the purpose of section 5533 of this title— (1) ‘‘member’’ has the meaning given such term by section 101(23) of title 37; (2) ‘‘position’’ means a civilian office or posi- tion (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (in- cluding a Government corporation, but exclud- ing a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia; (3) ‘‘retired or retainer pay’’ means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10; (4) ‘‘agency in the legislative branch’’ means the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assess- ment, the Office of the Architect of the Cap- itol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police; (5) ‘‘employee of the House of Representa- tives’’ means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; (6) ‘‘employee of the Senate’’ means a con- gressional employee whose pay is disbursed by the Secretary of the Senate; and (7) ‘‘congressional employee’’ has the mean- ing given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, § 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102–190, div. A, title VI, § 655(a)(2), Dec. 5, 1991, 105 Stat. 1391; Pub. L. 104–186, title II, § 215(6), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–145, § 7(b)(1), Mar. 4, 2010, 124 Stat. 55; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–31, div. A, title XI, § 1108, Dec. 22, 2023, 137 Stat. 428.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3101 (as ap- plicable to 5 U.S.C. 3102(a)–(e) and 3105 (less (e))). Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to §§ 201(a)–(e) and 301 (less (e))), 78 Stat. 484. In paragraph (2), the defined word ‘‘position’’ is sub- stituted for ‘‘civilian office.’’ The words ‘‘Government corporation’’ are substituted for ‘‘corporation owned or controlled by such Government’’ in view of the defini- tion in section 103. The definitions of ‘‘uniformed services’’ and ‘‘armed forces’’ are omitted as unnecessary in view of the defi- nitions in section 2101. 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 2023—Par. (2). Pub. L. 118–31 substituted ‘‘Government corporation, but excluding’’ for ‘‘Government corpora- tion and’’.