
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: 5USC5379]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 5379. Student loan repayments

    (a)(1) For the purpose of this section--
        (A) the term ``agency'' means an agency under subparagraph (A), 
    (B), (C), (D), or (E) of section 4101(1) of this title; and
        (B) the term ``student loan'' means--
            (i) a loan made, insured, or guaranteed under part B of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et 
        seq.);
            (ii) a loan made under part D or E of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.); 
        and
            (iii) a health education assistance loan made or insured 
        under part A of title VII of the Public Health Service Act (42 
        U.S.C. 292 et seq.) or under part E of title VIII of such Act 
        (42 U.S.C. 297a et seq.).

    (2) An employee shall be ineligible for benefits under this section 
if the employee occupies a position that is excepted from the 
competitive service because of its confidential, policy-determining, 
policy-making, or policy-advocating character.
    (b)(1) The head of an agency may, in order to recruit or retain 
highly qualified personnel, establish a program under which the agency 
may agree to repay (by direct payments on behalf of the employee) any 
student loan previously taken out by such employee.
    (2) Payments under this section shall be made subject to such terms, 
limitations, or conditions as may be mutually agreed to by the agency 
and employee concerned, except that the amount paid by an agency under 
this section may not exceed--
        (A) $6,000 for any employee in any calendar year; or
        (B) a total of $40,000 in the case of any employee.

    (3) Nothing in this section shall be considered to authorize an 
agency to pay any amount to reimburse an employee for any repayments 
made by such employee prior to the agency's entering into an agreement 
under this section with such employee.
    (c)(1) An employee selected to receive benefits under this section 
must agree in writing, before receiving any such benefit, that the 
employee will--
        (A) remain in the service of the agency for a period specified 
    in the agreement (not less than 3 years), unless involuntarily 
    separated; and
        (B) if separated involuntarily on account of misconduct, or 
    voluntarily, before the end of the period specified in the 
    agreement, repay to the Government the amount of any benefits 
    received by such employee from that agency under this section.

    (2) The payment agreed to under paragraph (1)(B) of this subsection 
may not be required of an employee who leaves the service of such 
employee's agency voluntarily to enter into the service of any other 
agency unless the head of the agency that authorized the benefits 
notifies the employee before the effective date of such employee's 
entrance into the service of the other agency that payment will be 
required under this subsection.
    (3) If an employee who is involuntarily separated on account of 
misconduct or who (excluding any employee relieved of liability under 
paragraph (2) of this subsection) is voluntarily separated before 
completing the required period of service fails to repay the amount 
agreed to under paragraph (1)(B) of this subsection, a sum equal to the 
amount outstanding is recoverable by the Government from the employee 
(or such employee's estate, if applicable) by--
        (A) setoff against accrued pay, compensation, amount of 
    retirement credit, or other amount due the employee from the 
    Government; and
        (B) such other method as is provided by law for the recovery of 
    amounts owing to the Government.

The head of the agency concerned may waive, in whole or in part, a right 
of recovery under this subsection if it is shown that recovery would be 
against equity and good conscience or against the public interest.
    (4) Any amount repaid by, or recovered from, an individual (or an 
estate) under this subsection shall be credited to the appropriation 
account from which the amount involved was originally paid. Any amount 
so credited shall be merged with other sums in such account and shall be 
available for the same purposes and period, and subject to the same 
limitations (if any), as the sums with which merged.
    (d) An employee receiving benefits under this section from an agency 
shall be ineligible for continued benefits under this section from such 
agency if the employee--
        (1) separates from such agency; or
        (2) does not maintain an acceptable level of performance, as 
    determined under standards and procedures which the agency head 
    shall by regulation prescribe.

    (e) In selecting employees to receive benefits under this section, 
an agency shall, consistent with the merit system principles set forth 
in paragraphs (1) and (2) of section 2301(b) of this title, take into 
consideration the need to maintain a balanced workforce in which women 
and members of racial and ethnic minority groups are appropriately 
represented in Government service.
    (f) Any benefit under this section shall be in addition to basic pay 
and any other form of compensation otherwise payable to the employee 
involved.
    (g) The Director of the Office of Personnel Management, after 
consultation with heads of a representative number and variety of 
agencies and any other consultation which the Director considers 
appropriate, shall prescribe regulations containing such standards and 
requirements as the Director considers necessary to provide for 
reasonable uniformity among programs under this section.
    (h)(1) Each head of an agency shall maintain, and annually submit to 
the Director of the Office of Personnel Management, information with 
respect to the agency on--
        (A) the number of Federal employees selected to receive benefits 
    under this section;
        (B) the job classifications for the recipients; and
        (C) the cost to the Federal Government of providing the 
    benefits.

    (2) The Director of the Office of Personnel Management shall 
prepare, and annually submit to Congress, a report containing the 
information submitted under paragraph (1), and information identifying 
the agencies that have provided benefits under this section.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1206(b)(1), Nov. 5, 
1990, 104 Stat. 1659; amended Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1122(a), (b), (d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-316.)

                       References in Text

    The Higher Education Act of 1965, referred to in subsec. 
(a)(1)(B)(i), (ii), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as 
amended. Parts B, D, and E of title IV of the Act are classified to 
parts B (Sec. 1071 et seq.), C (Sec. 1087a et seq.), and D (Sec. 1087aa 
et seq.), respectively, of subchapter IV of chapter 28 of Title 20, 
Education. For complete classification of this Act to the Code, see 
Short Title note set out under section 1001 of Title 20 and Tables.
    The Public Health Service Act, referred to in subsec. 
(a)(1)(B)(iii), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. 
Part A of title VII of the Act is classified generally to part A 
(Sec. 292 et seq.) of subchapter V of chapter 6A of Title 42, The Public 
Health and Welfare. Part E of title VIII of the Act is classified 
generally to part E (Sec. 297a et seq.) of subchapter VI of chapter 6A 
of Title 42. For complete classification of this Act to the Code, see 
Short Title note set out under section 201 of Title 42 and Tables.


                               Amendments

    2000--Subsec. (a)(1)(B)(i). Pub. L. 106-398, Sec. 1 [[div. A], title 
XI, Sec. 1122(a)(1)], inserted ``(20 U.S.C. 1071 et seq.)'' before 
semicolon.
    Subsec. (a)(1)(B)(ii). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1122(a)(2)], substituted ``part D or E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.)'' for 
``part E of title IV of the Higher Education Act of 1965''.
    Subsec. (a)(1)(B)(iii). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1122(a)(3)], substituted ``part A of title VII of the Public Health 
Service Act (42 U.S.C. 292 et seq.) or under part E of title VIII of 
such Act (42 U.S.C. 297a et seq.)'' for ``part C of title VII of Public 
Health Service Act or under part B of title VIII of such Act''.
    Subsec. (a)(2). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1122(b)(1)], amended par. (2) generally. Prior to amendment, par. 
(2) read as follows: ``An employee shall be ineligible for benefits 
under this section if such employee occupies a position which--
        ``(A) is excepted from the competitive service because of its 
    confidential, policy-determining, policy-making, or policy-
    advocating character; or
        ``(B) is not subject to subchapter III of this chapter.''
    Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1122(b)(2)], struck out ``professional, technical, or 
administrative'' after `` highly qualified''.
    Subsec. (h). Pub. L. 106-398, Sec. 1 [[div. A], title XI, 
Sec. 1122(d)], added subsec. (h).


                               Regulations

    Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1122(c)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-316, provided that:
    ``(1) Not later than 60 days after the date of the enactment of this 
Act [Oct. 30, 2000], the Director of the Office of Personnel Management 
shall issue proposed regulations under section 5379(g) of title 5, 
United States Code. The Director shall provide for a period of not less 
than 60 days for public comment on the regulations.
    ``(2) Not later than 240 days after the date of the enactment of 
this Act [Oct. 30, 2000], the Director shall issue final regulations.''

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 1745.
