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(2) the difference between his rate immediately before the first reduction in grade to which this section applies (including each increase in rate of basic pay provided by statute) and the minimum rate of that grade which is three grades lower than the grade from which he was reduced under the first of the reductions in grade (including each increase in the rate of basic pay provided by statute).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 470.)

§ 5338. Regulations

The Civil Service Commission may prescribe regulations necessary for the administration of this subchapter. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469.)

SUBCHAPTER IV-PREVAILING RATE SYSTEMS

§ 5341. Trades and crafts

(a) The pay of employees excepted from chapter 51 of this title by section 5102 (c) (7) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. 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.

(b) When the Civil Service Commission concurs in a finding by the employing agency that in a given area the number of employees to whom this section applies is so few as to make prevailing rate determinations impracticable, these employees are subject to the provisions of subchapter III of this chapter and chapter 51 of this title which are applicable to positions of equivalent difficulty or responsibility.

(c) When a wage survey is made for the purpose of establishing wage schedules for employees to whom this section applies, the agency or agencies making the survey shall determine whether there exists in the wage survey area a sufficient number of comparable positions in private industry to establish wage schedules for the principal types of Federal positions for which the survey is made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence submitted by employee organizations recognized as representative of employees in the area. When it is determined that there is an insufficient number of comparable positions in private industry to establish such wage schedules, the agency or agencies making the survey shall establish rates for such positions in accordance with rates paid for positions in private industry in the nearest wage area which is determined by the agency or agencies involved to be most similar in the nature of its population, employment, manpower, and industry to the wage area for which the survey is being made. The Civil Service Commission shall prescribe regulations necessary for the administration of this subsection. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471, amended Pub. L. 90-83, § 1(97), Sept. 11, 1967, 81 Stat. 220; Pub. L. 90-560, § 4, Oct. 12, 1968, 82 Stat. 997.)

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85342. Crews of vessels

(a) Except as provided by subsection (b) 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 be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry.

(b) Vessel employees of the Panama Canal Company may be paid in accordance with the wage practices of the maritime industry. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471.)

§ 5343. Effective date of pay increase

Each increase in rates of basic pay granted, pursuant to a wage survey, to employees whose pay is fixed and adjusted under section 5341 of this title is effective, as follows:

(1) If the wage survey is made by an agency, either alone or with another agency, with respect to its own employees, the increase is effective for its employees not later than the first day of the first pay period which begins after the 44th day, excluding Saturdays and Sundays, following the date on which the wage survey was ordered to be made.

(2) If the wage survey is made by an agency, either alone or with another agency, and is used by an agency which did not participate in making the survey, the increase is effective for the employees of the agency which did not participate in the survey not later than the first day of the first pay period which begins after the 19th day, excluding Saturdays and Sundays, following the date on which the agency which did not participate receives the data collected in the survey necessary for the granting of the increase.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471.)

§ 5344. Retroactive pay

(a) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in section 5343 of this title only when

(1) the individual is in the service of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or

(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.

(b) For the purpose of this section, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 471.)

§ 5345. Position classification appeals

On application, made in accordance with regulations prescribed by the Civil Service Commission, by an employee subject to section 5341 (a) of this title for the review of the action of an employing agency in classifying his position for pay purposes, the Commission shall

(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;

(2) decide whether the position has been properly classified; and

(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in classifying the position. The Commission shall certify to the agency concerned its action under paragraph (3) of this section. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. (Added Pub. L. 90-206, title II, § 223 (a), Dec. 16, 1967, 81 Stat. 641.)

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 Civil Service Commission.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.)

§ 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 Civil Service Commission. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472, amended Pub. L. 90-623, § 1(7), Oct. 22, 1968, 82 Stat. 1312.)

§ 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 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.)

85355. 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 472.)

SUBCHAPTER VI-MISCELLANEOUS PROVISIONS

§ 5361. Scientific and professional positions

Subject to the approval of the Civil Service Commission, the head of the agency concerned shall fix the annual rate of basic pay for scientific and professional positions established under section 3104 of this title at not less than the minimum rate for GS-16 nor more than the maximum rate for GS-18. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473.) § 5362. Hearing examiners

Hearing examiners appointed under section 3105 of this title are entitled to pay prescribed by the Civil Service Commission independently of agency recommendations or ratings and in accordance with subchapter III of this chapter and chapter 51 of this title. (Pub L. 89-554, Sept. 6, 1966, 80 Stat. 473.)

§ 5363. Limitation on pay fixed by administrative action

Except as provided by the Government Employees Salary Reform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who

is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the maximum rate for GS-18. This section does not impair the authorities provided by

(1) section 121 of title 2, Canal Zone Code (76A Stat. 15);
(2) sections 248, 481, and 1819 of title 12;

(3) section 831b of title 16; or

(4) sections 403a-403c, 403e-403h, and 403j of title 50. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473.)

§ 5364. Miscellaneous positions in the executive branch

The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422), or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. The head of the agency concerned shall report each action taken under this section to the Civil Service Commission and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473.)

§ 5365. Police force of National Zoological Park

(a) The Secretary of the Smithsonian Institution shall fix the per annum rates of basic pay of positions on the police force of the Ñational Zoological Park in accordance with the following provisions: (1) Private-not more than the rate for GS-7, Step 5; (2) Sergeant-not more than the rate for GS-8, Step 5; (3) Lieutenant-not more than the rate for GS-9, Step 5; (4) Captain-not more than the rate for GS-10, Step 5. (Pub. L. 91-34, § 1(a), June 30, 1969, 83 Stat. 41.)

SEO.

CHAPTER 55-PAY ADMINISTRATION

SUBCHAPTER I-GENERAL PROVISIONS

5501. Disposition of money accruing from lapsed salaries or unused appropria

5502.

5503.

tions for salaries.

Unauthorized office; prohibition on use of funds.

Recess appointments.

5504. Biweekly pay periods; computation of pay.

5505. Monthly pay periods; computation of pay.

5506. Computation of extra pay based on standard or daylight saving time. 5507. Officer affidavit; condition to pay.

5508. Officer entitled to leave; effect on pay status.

5509.

Appropriations.

SUBCHAPTER II-WITHHOLDING PAY

5511. Withholding pay; employees removed for cause. 5512. Withholding pay; individuals in arrears.

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