currently paid, from time to time, under the General Schedule. Men bers who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to th Committee.

(h) The Office of Personnel Management shall provide such clerica and professional personnel as the Chairman of the Committee consic ers appropriate and necessary to carry out its functions under this sub chapter. Such personnel shall be responsible to the Chairman of th Committee. (Added Pub. L. 92-392, § 1, Aug. 19, 1972, 86 Stat. 5711 amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54 Aug. 14, 1979, 93 Stat. 382.)

§ 5348. Crews of vessels

(a) Except as provided by subsections (b) and (c) of this section the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102 (c) (8) of this title shall b fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in th maritime industry.

(b) Vessel employees of the Panama Canal Commission may be pai in accordance with the wage practices of the maritime industry.

(c) Vessel employees in an area were inadequate maritime industr practice exists and vessel employees of the Corps of Engineers sha have their pay fixed and adjusted under the provisions of this sub chapter other than this section, as appropriate. (Added Pub. L. 92-39 § 1, Aug. 19, 1972, 86 Stat. 572; Pub. L. 96-70, Sept. 27, 1979, 93 Sta 498.)

§ 5349. Prevailing rate employees; legislative, judicial, Burea of Engraving and Printing, and government of the Dis trict of Columbia

(a) The pay of employees, described under section 5102 (c) (7) o this title, in the Administrative Office of the United States Court: the Library of Congress, the Botanic Garden, the Government Print ing Office, the Office of the Architect of the Capitol, the Bureau o Engraving and Printing, and the government of the District of Co lumbia, shall be fixed and adjusted from time to time as nearly as i consistent with the public interest in accordance with prevailing rate and in accordance with such provisions of this subchapter, includin the provisions of section 5344, relating to retroactive pay, and sub chapter VI of this chapter, relating to grade and pay retention, as thi pay-fixing authority of each such agency may determine. Subject t section 213 (f) of title 29, the rates may not be less than the appropri ate rates provided for by section 206(a)(1) of title 29. If the pay-fix ing authority concerned determines that the provisions of subchapte VI of this chapter should apply to any employee under his jurisdiction. then the employee concerned shall be deemed to have satisfied the re quirements of section 5361 (1) of this title if the tenure of his appoint ment is substantially equivalent to the tenure of any appointmen referred to in such paragraph.

(b) Subsection (a) of this section does not modify or otherwis affect section 5102(d) of this title, section 305 of title 44, and section 180 of title 31. (Added Pub. L. 92-392, § 1, Aug. 19, 1972, 86 Sta 572; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1222.)

SUBCHAPTER V-STUDENT-EMPLOYEES

$5351. Definitions

For the purpose of this subchapter

(1) "agency" means an Executive agency, a military department, and the government of the District of Columbia; and (2) "student-employee" means—

(A) a student nurse, medical or dental intern, resident-intraining, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and

(B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 5352. Stipends

The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management. (Pub. L. 89-554, Sept. 6, 1968, 80 Stat. 472, amended Pub. L. 90-623, § 1(7), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 5353. Quarters, subsistence, and laundry

An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital clinic, or laboratory for similar accommodations. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472, amended Pub L. 90-623, § 1(8), Oct. 22, 1968, 82 Stat. 1312.)

$5354. Effect of detail or affiliation; travel expenses

(a) Status as a student-employee is not terminated by a temporary detail to, or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this

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subchapter from the hospital, clinic, or laboratory to which he is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency.

(b) When the detail or affiliation under subsection (a) of this section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of chapter 57 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.)

§ 5355. Effect on other statutes

This subchapter does not limit the authority conferred on the Administrator of Veterans' Affairs by chapter 73 of title 38. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.)

§ 5356. Appropriations

Funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter. (Added Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.)

SUBCHAPTER VI-GRADE AND PAY RETENTION

§ 5361. Definitions

For the purpose of this subchapter

(1) "employee" means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employment is other than on a temporary or term basis;

(2) "agency" has the meaning given it by section 5102 of this title;

(3) "retained grade" means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;

(4) "rate of basic pay" means, in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343 of this title;

(5) "covered pay schedule" means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or the merit pay system under chapter 54 of this title;

(6) "position subject to this subchapter" means any position under a covered pay schedule; and

(7) "reduction-in-force procedures" means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1218.)

§ 5362. Grade retention following a change of positions or reclassification

(a) Any employee

(1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and

(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,

is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.

(b) (1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.

(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.

(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee's position for all purposes (including pay and pay administration under this chapter and chapters 54 and 55 of this title, retirement and life insurance under chapters 83 and 87 of this title, and eligibility for training and promotion under this title) except

(1) for purposes of subsection (a) of this section.

(2) for purposes of applying any reduction-in-force procedures,

(3) for purposes of determining whether the employee is covered by the merit pay system established under section 5402 of this title, or

(4) for such other purposes as the Office of Personnel Management may provide by regulation.

(d) The foregoing provisions of this section shall cease to apply to an employee who

(1) has a break in service of one workday or more;

(2) is demoted (determined without regard to this section) for personal cause or at the employee's request;

(3) is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; or (4) elects in writing to have the benefits of this section terminate.

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1219.)

§ 5363. Pay retention

(a) Any employee

(1) who ceases to be entitled to the benefits of section 5362 of this title by reason of the expiration of the 2-year period of coverage provided under such section;

(2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under section 5303 of this title; or

(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section;

is entitled to basic pay at a rate equal to (A) the employee's allowable former rate of basic pay, plus (B) 50 percent of the amount of each increase in the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay if such allowable former rate exceeds such maximum rate for such grade. (b) For the purpose of subsection (a) of this section, "allowable former rate of basic pay" means the lower of

(1) the rate of basic pay payable to the employee immediately before the reduction in pay; or