5 U.S.C. § 5949 — Hostile fire pay

Page 785 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5949 ance to be increased to a rate which, if applied through- out such year, would cause the limitation under section 5948(a)(2) of such title (as amended by this section), or any other applicable limitation, to be exceeded.’’ EFFECTIVENESS OF SERVICE AGREEMENTS LIMITED BY APPROPRIATION ACTS Pub. L. 103–114, § 1(a)(3), Oct. 26, 1993, 107 Stat. 1115, provided that: ‘‘Any service agreement entered into on or after the date of the enactment of this Act [Oct. 26, 1993] pursuant to section 5948 of title 5, United States Code, as amended by paragraph (1), shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.’’ DUE DATE FOR FIRST ANNUAL REPORT ON OPERATION OF SECTION Pub. L. 103–114, § 2(b), Oct. 26, 1993, 107 Stat. 1116, pro- vided that: ‘‘The first report under section 5948(j) of title 5, United States Code, as amended by subsection (a), shall be due not later than June 30, 1994.’’ PAY OF CERTAIN FEDERAL PHYSICIANS FOR FISCAL YEAR 1982 Pub. L. 98–168, title I, § 103, Nov. 29, 1983, 97 Stat. 1105, provided that any individual whose aggregate pay for fiscal year 1982 exceeded the limitation set forth in sec- tion 5383(b) of this title is relieved of all liability to the United States for any amounts paid to such individual in excess of such limitation if, and to the extent that, such liability takes into account any allowance paid under this section, provided for repayment to individ- uals relieved from liability of amounts already paid, and defined the terms ‘‘aggregate pay’’, ‘‘appropriate agency head’’, and ‘‘agency’’. SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DE- CEMBER 29, 1981; ADVANCE AUTHORIZATION; FISCAL YEAR 1982 Pub. L. 97–141, § 4, Dec. 29, 1981, 95 Stat. 1719, provided that any service agreement entered into on or after Dec. 29, 1981, pursuant to this section, as amended by section 2 of Pub. L. 97–141, shall be effective only to such extent or in such amounts as are provided in ad- vance in appropriation Acts, and that the amendments made by Pub. L. 97–141 shall not be construed to au- thorize additional or supplemental appropriations for the fiscal year ending Sept. 30, 1982. SERVICE AGREEMENTS ENTERED INTO ON OR AFTER DECEMBER 29, 1979; ADVANCE AUTHORIZATION Pub. L. 96–166, § 5, Dec. 29, 1979, 93 Stat. 1273, provided that any service agreement entered into on or after Dec. 29, 1979, pursuant to this section, as amended by section 2 of Pub. L. 96–166, shall be effective only to such extent or in such amounts as are provided in ad- vance in appropriation Acts. TIME OF ENTRY INTO ALLOWANCE AGREEMENTS AND FOR COMMENCEMENT OF ALLOWANCE Pub. L. 95–603, § 2(c), Nov. 6, 1978, 92 Stat. 3020, pro- vided that no agreement be entered into under this sec- tion before 60th day after Nov. 6, 1978, and that no agreement provide for payment of any allowance under such section for any pay period beginning before later of such 60th day, or Oct. 1, 1978. Executive Documents EX. ORD. NO. 12109. DELEGATION OF AUTHORITY TO DIRECTOR OF OFFICE OF PERSONNEL MANAGEMENT Ex. Ord. No. 12109, Dec. 28, 1978, 44 F.R. 1067, provided: By the authority vested in me as President of the United States of America by Section 5948 of Title 5 and Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: 1–101. The Director of the Office of Personnel Manage- ment is hereby designated and empowered to exercise, in consultation with the Director of the Office of Man- agement and Budget, the authority of the President under Section 5948 of Title 5 of the United States Code, to prescribe regulations, criteria, and conditions with regard to the payment of comparability allowances to recruit and retain certain Federal physicians. 1–102. Until the Office of Personnel Management is es- tablished (on or before January 1, 1979), pursuant to Re- organization Plan No. 2 of 1978 (43 FR 36037) [set out under section 1101 of this title], the Civil Service Com- mission shall exercise the authority delegated under this Order to the Director of the Office of Personnel Management. JIMMY CARTER. § 5949. Hostile fire pay (a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was— (1) subject to hostile fire or explosion of hos- tile mines; (2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or (3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action. (b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three addi- tional months during which the employee is so hospitalized. (c) An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an em- ployee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political vio- lence or payment under section 5928 of this title. (Added Pub. L. 107–107, div. A, title XI, § 1111(a), Dec. 28, 2001, 115 Stat. 1238.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–107, div. A, title XI, § 1111(c), Dec. 28, 2001, 115 Stat. 1238, as amended by Pub. L. 108–375, div. A, title X, § 1084(h)(3), Oct. 28, 2004, 118 Stat. 2064, provided that: ‘‘Section 5949 of title 5, United States Code, as added by subsection (a), is effective as if enacted into law on September 11, 2001, and may be applied with re- spect to any hostile action that took place on or after that date.’’ Subpart E—Attendance and Leave CHAPTER 61—HOURS OF WORK SUBCHAPTER I—GENERAL PROVISIONS Sec. 6101. Basic 40-hour workweek; work schedules; reg- ulations. [6102. Repealed.] 6103. Holidays. 6104. Holidays; daily, hourly, and piece-work basis employees. 6105. Closing of Executive departments. 6106. Time clocks; restrictions.