5 U.S.C. § 5365 | Regulations

(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).

Pub. L. 95–454, title VIII, § 801(a)(1)Oct. 13, 197892 Stat. 1220 Pub. L. 101–508, title VII, § 7202(f)Nov. 5, 1990104 Stat. 1388–336 Pub. L. 108–411, title III, § 301(a)(6)Oct. 30, 2004118 Stat. 2317(Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 91–34, § 1(a)June 30, 196983 Stat. 41 Pub. L. 94–183, § 2(20)Dec. 31, 197589 Stat. 1058 section 5375 of this title Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii)Oct. 13, 197892 Stat. 1221A prior section 5365, added , , ; amended , , , which related to the police force of National Zoological Park, was renumbered by , , .

Amendments

Pub. L. 108–4112004—Subsec. (b). inserted “(subject to any conditions or limitations the Office may establish)” after “provisions of this subchapter” in introductory provisions.

Pub. L. 101–5081990—Subsec. (b). 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).”

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–411Oct. 30, 2004section 301(d) of Pub. L. 108–411 section 5363 of this titleAmendment by effective on the first day of the first applicable pay period beginning on or after the 180th day after , with provisions relating to conversion rules, see , set out as a note under .

Effective Date of 1990 Amendment

Pub. L. 101–508Jan. 1, 1987section 2105(c) of this title section 7202(m)(1) of Pub. L. 101–508 section 2105 of this titleAmendment by applicable with respect to any individual who, on or after , moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in , 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 , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .