
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5365]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER VI--GRADE AND PAY RETENTION
 
Sec. 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--
        (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).

(Added Pub. L. 95-454, title VIII, Sec. 801(a)(1), Oct. 13, 1978, 92 
Stat. 1220; amended Pub. L. 101-508, title VII, Sec. 7202(f), Nov. 5, 
1990, 104 Stat. 1388-336.)


                            Prior Provisions

    A prior section 5365, added Pub. L. 91-34, Sec. 1(a), June 30, 1969, 
83 Stat. 41; amended Pub. L. 94-183, Sec. 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, 
Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.


                               Amendments

    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).''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 5334 of this title.
