'Payment of the full rate of basic allowance for quarters at these rates to members of the uniformed services without dependents is authorized by section 403 of title 37, United States Code, and Part IV of Executive Order 11157, as amended.

Payment of the partial rate of basic allowance for quarters at these rates to members of the uniformed services without dependents who, under section 403(b) or (c) of title 37, United States Code, are not entitled to the full rate of basic allowance for quarters, is authorized by section 1009(c)(2) of title 37, United States Code, and Part IV of Executive Order 11157, as amended.

9.39

10.16

PART IV-RATE OF MONTHLY CADET OR MIDSHIPMAN PAY

The rate of monthly cadet or midshipman pay authorized by section 203(c)(1) of title 37, United States Code, is $543.90.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 595, 3109, 5374, 5948, 6301, 8141, 8143 of this title; title 2 sections 60a-1, 60a-2, 166, 353, 414, 416, 437c, 476, 601, 1107, 1108; title 3 sections 105, 106, 107, 113, 114; title 7 sections 16, 1505, 1765a, 2007b, 3127, 5927; title 8 section 1324b; title 10 sections 180, 1482a, 1584, 1590, 1604, 2195, 7043; title 12 sections 634, 636, 1749bbb-1, 2405, 3013; title 15 sections 205h, 2051, 278, 1275, 2218, 2412, 2451, 4102; title 16 sections 791, 469j, 470m, 825q-1, 1401, 1403; title 17 section 701; title 18 sections 207, 3153, 4202, 4204, 4351, 4352; title 19 sections 1331, 2171; title 20 sections 80q-10, 929, 955, 957, 963, 964, 1102, 1145a, 1221e, 1221e-1, 1233c, 1233d, 1505, 2011, 2012, 2103, 3413, 3462, 4512, 4513, 4710, 5093, 5608; title 21 sections 113a, 376, 379h, 1502; title 22 sections 1469, 1622d, 2385, 2386, 2456, 2511, 2512, 2669, 2903, 2905, 3507, 3508, 3614, 3963, 4110, 4135, 4155, 4356, 4605; title 25 sections 2641, 2707; title 26 section 4946; title 28 sections 548, 594, 602, 625; title 29 sections 183, 656, 661, 676, 2215; title 30 sections 812, 1229, 1315; title 31 section 731; title 32 section 709; title 33 sections 1128, 1320, 1325, 1374; title 35 sections 3, 7; title 36 section 169j-5; title 37 section 1009; title 38 section 7455; title 41 section 351; title 42 sections 242q-1, 300j-10, 1320a-1, 1320c-2, 139500, 1395ww, 1863, 1873, 1962a-4, 1962b-4, 1975d, 3788, 4365, 4372, 4845, 5042, 5101, 5102, 5841, 6614, 6616, 6632, 7211, 7213, 7231, 7233, 8103, 10248, 11221, 12374, 12651; title 44 sections 2706, 3319; title 46 section 4508; title 46 App. section 1717; title 49 App. sections 1673, 2003; title 50 sections 405, 2051; title 50 App. section 1989b-5.

§ 5333. Minimum rate for new appointments

New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress. (As amended Pub. L. 101-509, title V, § 529 [title I, § 106, title II, § 211(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1449, 1461.)

AMENDMENTS

1990-Pub. L. 101-509 struck out "; higher rates for supervisors of prevailing rate employees" after "appointments" in section catchline, struck out "(a)" before "New appointments shall", struck out "in GS-11 or above" after "individual to a position", and struck out subsec. (b) which read as follows: "Under regulations prescribed by the Office of Personnel Management, an employee in a position to which this

subchapter applies, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly supervised, or at the maximum rate for his grade, as provided by the regulations."

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.

§ 5334. Rate on change of position or type of appointment; regulations

[See main edition for text of (a) and (b)]

(c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed

(1) at the minimum rate of the appropriate grade; or

(2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch.

[See main edition for text of (d) and (e)]

(f) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employee's initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed the highest previous rate of basic pay received by that employee during the employee's service described in section 2105(c). In the case of a nonappropriated fund employee who is moved involuntarily from such nonappropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employee's pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employee's rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.

(As amended Pub. L. 101-508, title VII, § 7202(d), Nov. 5, 1990, 104 Stat. 1388-335; Pub. L. 103-89, § 3(b)(1)(G), Sept. 30, 1993, 107 Stat. 982.)

AMENDMENTS

1993-Subsec. (c)(2). Pub. L. 103-89, § 3(b)(1)(G)(1), substituted "step" for "step, or for an employee appointed to a position covered by the performance management and recognition system established under chapter 54 of this title, any dollar amount,".

Subsecs. (f), (g). Pub. L. 103–89, § 3(b)(1)(G)(ii), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: "In the case of an employee covered by the performance management and recognition system established under chapter 54 of this title, all references in this section to 'two steps' or 'two step-increases' shall be deemed to mean 6 percent." 1990-Subsec. (g). Pub. L. 101-508 added subsec. (g).

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105 of this title.

TRANSFER OF FUNCTIONS

Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992.

§ 5335. Periodic step-increases

(a) An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—

[See main edition for text of (1) to (3)] subject to the following conditions:

[See main edition for text of (A)] (B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.

[See main edition for text of (b) to (d)]

(e) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.

(f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that

is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.

(As amended Pub. L. 101-508, title VII, § 7202(e), Nov. 5, 1990, 104 Stat. 1388-336; Pub. L. 101-509, title V, § 529 [title I, § 104(d)(2)], Nov. 5, 1990, 104 Stat. 1427, 1447; Pub. L. 103-89, §3(b)(1)(H), Sept. 30, 1993, 107 Stat. 982.)

AMENDMENTS

1993-Subsec. (e). Pub. L. 103-89, § 3(b)(1)(H)(i), struck out "covered by the performance management and recognition system established under chapter 54 of this title, or," after "individual".

Subsecs. (f), (g). Pub. L. 103-89, § 3(b)(1)(H)(ii), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: "Notwithstanding subsection (b) or (e) of this section, an increase in pay granted under section 5404 of this title is an equivalent increase in pay within the meaning of subsection (a) of this section and shall be taken into account in the case of any employee who, before becoming subject to this section, was granted such an increase while covered by the performance management and recognition system established under chapter 54 of this title." 1990-Subsec. (a)(B). Pub. L. 101-509 struck out ", except an administrative law judge appointed under section 3105 of this title," after "work of the employee".

Subsec. (g). Pub. L. 101-508 added subsec. (g).

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title.

EFFECTIVE DATE OF 1990 AMENDMENTS 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.

Amendment by Pub. L. 101-508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105 of this title.

PAY INCREASES DEEMED EQUIVALENT INCREASES IN PAY Section 5(a) of Pub. L. 103-89 provided that: "Notamendment made withstanding the by section 3(b)(1)(H)(ii) [amending this section], an increase in pay granted under section 5404 of title 5, United States Code, before November 1, 1993, shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title."

§ 5336. Additional step-increases

[See main edition for text of (a) and (b)] (c) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. (As amended Pub. L. 103-89, § 3(b)(1)(I), Sept. 30, 1993, 107 Stat. 982.)

AMENDMENTS

1993-Subsec. (c). Pub. L. 103-89 struck out "covered by the performance management and recognition system established under chapter 54 of this title, or," after "individual".

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title.

SUBCHAPTER IV-PREVAILING RATE

SYSTEMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5304, 5361, 5541, 7201, 7204 of this title; title 10 sections 4540, 7212, 9540; title 31 section 1515; title 40 section 174j-8. § 5342. Definitions; application

(a) For the purpose of this subchapter

[See main edition for text of (1)]

(2) "prevailing rate employee" means-
[See main edition for text of (A) and (B)]

(C) an employee of the Veterans' Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by section 5102 (c)(14) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and

[See main edition for text of (3); (b) and (c)] (As amended Pub. L. 102-54, § 13(b)(1), June 13, 1991, 105 Stat. 274.)

AMENDMENTS

1991-Subsec. (a)(2)(C). Pub. L. 102-54 substituted "Department of Veterans Affairs" for "Veterans' Administration".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5343, 5361, 5544 of this title; title 10 sections 1590, 1604.

§ 5343. Prevailing rate determinations; wage schedules; night differentials

LIMITATION ON PAY ADJUSTMENTS FOR PREVAILING RATE EMPLOYEES AND CREWS OF VESSELS Pub. L. 103-123, title VI, § 615, Oct. 28, 1993, 107 Stat. 1261, provided that:

"(a)(1) Notwithstanding any other provision of law, no part of any of the funds appropriated for the fiscal year ending on September 30, 1994, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code

"(A) during that portion of fiscal year 1994 which precedes the start of the period described in subparagraph (B), in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with section 616 of the Treasury, Postal Service, and General Government Appropriations Act, 1993 [Pub. L.

102-393, 106 Stat. 17681, on the last day of the limitation imposed by such section 616; and

"(B) during the period from the date determined under paragraph (2) until the end of fiscal year 1994, in an amount that exceeds the maximum rate allowable under subparagraph (A) by more than the amount determined under paragraph (3).

"(2) The period under paragraph (1)(B) shall begin on the first day of the first applicable pay period beginning on or after the later of

"(A) the normal effective date of the applicable wage survey adjustment that is to become effective in fiscal year 1994 (determined as if this section and section 616 of the Treasury, Postal Service, and General Government Appropriations Act, 1993 [Pub. L. 102-393, 106 Stat. 1768], were not in effect); or "(B) January 1, 1994.

"(3)(A) If, during fiscal year 1994, employees under the General Schedule receive locality-based comparability payments under section 5304 of title 5, United States Code, but do not receive a pay adjustment under section 5303 of such title, the applicable amount under this paragraph shall be equal to one-fifth of the difference between the maximum amount allowable under paragraph (1)(A) and the amount that would be payable under subchapter IV of chapter 53 of such title (taking into account the applicable wage survey adjustment referred to in paragraph (2)(A)) were this section and section 616 of the Treasury, Postal Service, and General Government Appropriations Act, 1993, not in effect.

"(B) If, during fiscal year 1994, employees under the General Schedule receive a pay adjustment under section 5303 of title 5, United States Code, and localitybased comparability payments under section 5304 of such title, the applicable amount under this paragraph shall be equal to

"(i) the amount determined under subparagraph (A); and

"(ii) the amount resulting from an increase of 2.2 percent.

"(C) The applicable amount under this paragraph shall be zero if neither subparagraph (A) nor subparagraph (B) applies.

"(4) The Office of Personnel Management shall discuss with and consider the views of the Federal Prevailing Rate Advisory Committee in carrying out the Office's responsibilities with respect to this paragraph. "(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee.

"(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule that was not in existence on September 30, 1993, shall be determined under regulations prescribed by the Office of Personnel Management.

"(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1993, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.

"(e) The provisions of this section shall apply with respect to pay for services performed by any affected employee on or after October 1, 1993.

"(f) For the purpose of administering any provision of law (including section 8431 of title 5, United States Code, and any rule or regulation, that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.

"(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.

"(h) The Office of Personnel Management may prescribe any regulations which may be necessary to carry out this section."

Pub. L. 102-393, title VI, § 616, Oct. 6, 1992, 106 Stat. 1768, provided that:

"(a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for the fiscal years ending September 30, 1993, or September 30, 1994, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code, or any employee covered by section 5348 of that title

"(1) during the period from the date of expiration of the limitation imposed by section 616 of the Treasury, Postal Service, and General Government Appropriations Act, 1992 [Pub. L. 102-141, 105 Stat. 8701, until the first day of the first applicable pay period that begins not less than ninety days after that date, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section 616; and

“(2) during the period consisting of the remainder, if any, of fiscal year 1993, and that portion of fiscal year 1994, that precedes the normal effective date of the applicable wage survey adjustment that is to be effective in fiscal year 1994, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) of this subsection by more than the overall average percentage adjustment in the General Schedule during fiscal year 1993, under section 5303 of title 5, United States Code.

"(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, may be paid during the periods for which subsection (a) of this section is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employ

ee.

"(c) For the purpose of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule that was not in existence on September 30, 1992, shall be determined under regulations prescribed by the Office of Personnel Management.

"(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1992, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.

"(e) The provisions of this section shall apply with respect to pay for services performed by any affected employee on or after October 1, 1992.

"(f) For the purpose of administering any provision of law, including section 8431 of title 5, United States Code, or any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit, that requires any deduction or contribution, or that imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. "(g) Nothing in this section may be construed to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.

"(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees."

Similar provisions were contained in the following prior acts:

Pub. L. 102-141, title VI, § 616, Oct. 28, 1991, 105 Stat. 870.

Pub. L. 101-509, title VI, § 612, Nov. 5, 1990, 104 Stat. 1473.

Pub. L. 101-136, title VI, § 612, Nov. 3, 1989, 103 Stat. 818.

§ 5347. Federal Prevailing Rate Advisory Committee

[See main edition for text of (a) to (] (g)(1) Except as provided in paragraph (2), members of the Committee described in paragraphs (2)-(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.

(2) The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132(a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.

[See main edition for text of (h)]

(As amended Pub. L. 102-378, § 2(30), Oct. 2, 1992, 106 Stat. 1350.)

AMENDMENTS

1992-Subsec. (g). Pub. L. 102-378 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), members" for "Members", struck out second sentence which read as follows: "The Chairman is entitled to a rate of pay equal to the maximum rate currently paid, from time to time, under the General Schedule.", and added par. (2).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5304 of this title.

§ 5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

(a) The pay of employees, described under section 5102(c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Printing Office, the General Accounting Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.

[See main edition for text of (b)] (As amended Pub. L. 101-474, § 5(j), Oct. 30, 1990, 104 Stat. 1100.)

AMENDMENTS

1990-Subsec. (a). Pub. L. 101-474 struck out "the Administrative Office of the United States Courts," before "the Library of Congress".

SUBCHAPTER V-STUDENT-EMPLOYEES

§ 5355. Effect on other statutes

This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by chapter 73 of title 38.

(As amended Pub. L. 102–54, § 13(b)(3), June 13, 1991, 105 Stat. 274.)

AMENDMENTS

1991-Pub. L. 102-54 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs".

SUBCHAPTER VI-GRADE AND PAY RETENTION

§ 5361. Definitions

For the purpose of this subchapter

[See main edition for text of (1) to (4)] (5) "covered pay schedule" means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;

[See main edition for text of (6) and (7)] (As amended Pub. L. 101-509, title V, § 529 [title I, § 105(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448; Pub. L. 103–89, § 3(b)(1)(J), Sept. 30, 1993, 107 Stat. 982.)

AMENDMENTS

1993-Par. (5). Pub. L. 103-89 substituted "or a special occupational pay system under subchapter IX" for "a special occupational pay system under subchapter IX, or the performance management and recognition system under chapter 54 of this title”.

1990-Par. (5). Pub. L. 101-509 inserted “a special occupational pay system under subchapter IX," before "or the performance".

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title.

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.

§ 5362. Grade retention following a change of posi tions or reclassification

[See main edition for text of (a) and (b)]

(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained