5 U.S.C. § 5902 — Increase in maximum uniform allowance

Page 763 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5902 (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 90–83, § 1(39), Sept. 11, 1967, 81 Stat. 206; Pub. L. 101–509, title V, § 529 [title II, § 202(a)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102–378, § 2(50), Oct. 2, 1992, 106 Stat. 1353.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large (a), (b) ....... 5 U.S.C. 2131. Sept. 1, 1954, ch. 1208, § 402, 68 Stat. 1114. May 13, 1955, ch. 40, 69 Stat. 49. (c) ............. 5 U.S.C. 2132 (less applicability to the Civil Service Retirement Act, as amended). Sept. 1, 1954, ch. 1208, § 403 (less applicability to the Civil Service Retirement Act, as amended), 68 Stat. 1115. (d) ............. 5 U.S.C. 2133. Sept. 1, 1954, ch. 1208, § 404, 68 Stat. 1115. In subsection (a), the word ‘‘concerned’’ is sub- stituted for ‘‘to which any such appropriation is made’’. In subsection (b), the words ‘‘in his discretion’’ are omitted as unnecessary in view of the permissive na- ture of the authority. In subsections (b) and (d), the word ‘‘rules’’ is omitted as covered by the word ‘‘regulations’’. 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. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5901(a) ....... 5 App.: 2131. Oct. 29, 1965, Pub. L. 89–301 § 13, 79 Stat. 1122. July 18, 1966, Pub. L. 89–504, § 407(a), 80 Stat. 299. The amendment to the third sentence of subsection (a) of 5 U.S.C. 5901, and the deletion of subsection (d) thereof, reflect the recodification of subsection (d) in 5 U.S.C. 5903 by section 1(40)(A) of this bill. In the last sentence of subsection (a), the words ‘‘When’’ and ‘‘pays’’ are substituted for ‘‘In those instances where’’ and ‘‘makes reimbursement’’, respectively. Editorial Notes AMENDMENTS 1992—Subsec. (a)(1), (2). Pub. L. 102–378 substituted ‘‘5902)’’ for ‘‘5902).’’ 1990—Subsec. (a). Pub. L. 101–509, § 529 [title II, § 202(a)(1)], substituted ‘‘such sums as may be necessary to carry out this subchapter.’’ for ‘‘an amount not to exceed $125 multiplied by the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of offi- cial duties and who are not being furnished with the uniform.’’ Subsec. (a)(1), (2). Pub. L. 101–509, § 529 [title II, § 202(a)(2)], substituted ‘‘$400 a year (or such higher maximum amount as the Office of Personnel Manage- ment may establish under section 5902).’’ for ‘‘$125 a year’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. AVAILABILITY OF APPROPRIATIONS FOR UNIFORMS AND UNIFORM ALLOWANCES Pub. L. 102–394, title V, § 504, Oct. 6, 1992, 106 Stat. 1825, provided that: ‘‘Appropriations contained in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts, available for salaries and ex- penses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–170, title V, § 504, Nov. 26, 1991, 105 Stat. 1141. Pub. L. 101–517, title V, § 504, Nov. 5, 1990, 104 Stat. 2221. Pub. L. 101–166, title V, § 504, Nov. 21, 1989, 103 Stat. 1189. Pub. L. 100–202, § 101(h) [title V, § 504], Dec. 22, 1987, 101 Stat. 1329–256, 1329–287. Pub. L. 99–500, § 101(i) [H.R. 5233, title V, § 504], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title V, § 504], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title V, § 504, Dec. 12, 1985, 99 Stat. 1132. Pub. L. 98–619, title V, § 504, Nov. 8, 1984, 98 Stat. 3333. Pub. L. 98–139, title V, § 504, Oct. 31, 1983, 97 Stat. 889. Pub. L. 97–377, title I, § 101(e)(1) [title V, § 504], Dec. 21, 1982, 96 Stat. 1878, 1904. § 5902. Increase in maximum uniform allowance The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under sec- tion 5901. (Added Pub. L. 90–83, § 1(40)(A), Sept. 11, 1967, 81 Stat. 206; amended Pub. L. 101–509, title V, § 529 [title II, § 202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.) HISTORICAL AND REVISION NOTES Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5902 ........... 5 App.: 2134. July 18, 1966, Pub. L. 89–504, § 407(b), 80 Stat. 299. The words ‘‘any other provision of’’ following ‘‘Not- withstanding’’ are omitted as unnecessary. The words ‘‘section 5901 of this title’’ are substituted for ‘‘this title’’ in three places to reflect the codification of that title in title 5, United States Code. Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: ‘‘Notwith- standing section 5901 of this title, each of the respec- tive maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title are increased, subject to the maximum allow- ance authorized by section 5901 of this title, as follows: ‘‘(1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent. ‘‘(2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent. ‘‘(3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent. ‘‘(4) If the maximum uniform allowance is less than $50, it is increased by 40 percent. The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be re- duced.’’ Page 764 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5903 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. § 5903. Regulations The Office of Personnel Management may pre- scribe such regulations as it considers necessary for the administration of this subchapter. (Added Pub. L. 90–83, § 1(40)(A), Sept. 11, 1967, 81 Stat. 206; amended Pub. L. 96–54, § 2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 101–509, title V, § 529 [title II, § 202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.) HISTORICAL AND REVISION NOTES Section of title 5 Source (U.S. Code) Source (Statutes at Large) 5903 ........... 5: 5901(d). [None.] The regulatory authority contained in 5 U.S.C. 5901(d), the source statute for which was section 404 of the act of September 1, 1954, ch. 1208, 68 Stat. 1115, ap- plies also to section 405 of that act (added by section 407 of the act of July 18, 1966, Public Law 89–504, 80 Stat. 299). Section 405 is codified as 5 U.S.C. 5902 by this bill. Editorial Notes AMENDMENTS 1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: ‘‘The President shall prescribe regulations necessary for the uniform administration of this subchapter.’’ 1979—Pub. L. 96–54 substituted ‘‘President’’ for ‘‘Di- rector of the Bureau of the Budget’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. SUBCHAPTER II—QUARTERS § 5911. Quarters and facilities; employees in the United States (a) For the purpose of this section— (1) ‘‘Government’’ means the Government of the United States; (2) ‘‘agency’’ means an Executive agency, but does not include the Tennessee Valley Au- thority; (3) ‘‘employee’’ means an employee of an agency; (4) ‘‘United States’’ means the several States, the District of Columbia, and the terri- tories and possessions of the United States in- cluding the Commonwealth of Puerto Rico; (5) ‘‘quarters’’ means quarters owned or leased by the Government; and (6) ‘‘facilities’’ means household furniture and equipment, garage space, utilities, sub- sistence, and laundry service. (b) The head of an agency may provide, di- rectly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of avail- ability of quarters warrant the action. (c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occu- pancy of the quarters, shall be based on the rea- sonable value of the quarters and facilities to the employee or member concerned, in the cir- cumstances under which the quarters and facili- ties are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the em- ployee or member of a uniformed service, or oth- erwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law. (d) When, as an incidental service in support of a program of the Government, quarters and fa- cilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be cred- ited to the Government as provided by law. (e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Gov- ernment cannot adequately be protected, other- wise. (f) The President may prescribe regulations governing the provision, occupancy, and avail- ability of quarters and facilities, the determina- tion of rates and charges therefor, and other re- lated matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section. (g) Subsection (c) of this section does not re- peal or modify any provision of statute author- izing the provision of quarters or facilities, ei- ther without charge or at rates or charges spe- cifically fixed by statute. (h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied per- sonnel housing— (1) is exempt from the requirement of sub- section (c) to pay a rental rate or charge based on the reasonable value of the quarters and fa- cilities provided; and (2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regula- tion.