5 U.S.C. § 5365 Regulations

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-30 (published on www.congress.gov on 12/21/2023)
• Year: 2023
• Citation: 5 U.S.C. § 5365

(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)-

(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;

(2) to individuals to whom such provisions do not otherwise apply; and

(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.

Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).

Cite as 5 U.S.C. § 5365

Source: Added Pub. L. 95-454, title VIII, §801(a)(1), Oct. 13, 1978, 92 Stat. 1220; amended Pub. L. 101-508, title VII, §7202(f), Nov. 5, 1990, 104 Stat. 1388-336; Pub. L. 108-411, title III, §301(a)(6), Oct. 30, 2004, 118 Stat. 2317.

Notes from the Office of Law Revision Counsel

current through 8/1/2023

EDITORIAL NOTES

PRIOR PROVISIONS

A prior section 5365, added Pub. L. 91-34, §1(a), June 30, 1969, 83 Stat. 41; amended Pub. L. 94-183, §2(20), Dec. 31, 1975, 89 Stat. 1058, which related to the police force of National Zoological Park, was renumbered section 5375 of this title by Pub. L. 95-454, title VIII, §801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.

AMENDMENTS

2004-Subsec. (b). Pub. L. 108-411 inserted "(subject to any conditions or limitations the Office may establish)" after "provisions of this subchapter" in introductory provisions.

1990-Subsec. (b). Pub. L. 101-508 inserted at end "Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c)."