
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5527]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
      SUBCHAPTER III--ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
 
Sec. 5527. Regulations

    (a) To the extent practicable in the public interest, the President 
shall coordinate the policies and procedures of the respective Executive 
agencies under this subchapter.
    (b) The President, with respect to the Executive agencies, the head 
of the agency concerned, with respect to the appropriate agency outside 
the executive branch, and the District of Columbia Council, with respect 
to the government of the District of Columbia, shall prescribe and 
issue, or provide for the formulation and issuance of, regulations 
necessary and appropriate to carry out the provisions, accomplish the 
purposes, and govern the administration of this subchapter.
    (c) The head of each Executive agency may prescribe and issue 
regulations, not inconsistent with the regulations of the President 
issued under subsection (b) of this section, necessary and appropriate 
to carry out his functions under this subchapter.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 90-623, 
Sec. 1(11), Oct. 22, 1968, 82 Stat. 1312.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3076.                Sept. 26, 1961, Pub.
                                                    L. 87-304, Sec.  6,
                                                    75 Stat. 664.
------------------------------------------------------------------------

    In subsection (b), the last sentence of former section 3076, which 
provided for the issuance of the regulations not later than December 25, 
1961, and the effective date of the regulations as not later than March 
25, 1962, is omitted as executed.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1968--Subsec. (b). Pub. L. 90-623 inserted reference to the District 
of Columbia Council, with respect to the government of the District of 
Columbia.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of this title.

                          Transfer of Functions

    District of Columbia Council, as established by Reorg. Plan No. 3 of 
1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, 
Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of 
District of Columbia, as provided by section 401 of Pub. L. 93-198.

       Ex. Ord. No. 10982. Administration of Provisions of Chapter

    Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex. Ord. 
No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748, Feb. 1, 
1991, 56 F.R. 4521, provided:
    By virtue of the authority vested in me by the act of September 26, 
1961 (75 Stat. 662) [this subchapter] and by section 301 of title 3 of 
the United States Code, and as President of the United States, it is 
ordered as follows:
    Section 1. As used in this order:
    (a) The term ``the act'' means the act of September 26, 1961 (Public 
Law 87-304), 75 Stat. 662 [now this subchapter].
    (b) The term ``Federal agency'' means any executive department of 
the Government of the United States of America, any agency or 
independent establishment in the executive branch of the Government, and 
any corporation wholly owned or controlled by the Government.
    (c) The term ``foreign area'' means any area (including the Trust 
Territory of the Pacific Islands) situated outside (1) the United States 
(including the District of Columbia), (2) the Commonwealth of Puerto 
Rico, (3) the Canal Zone, and (4) any territory or possession of the 
United States.
    Sec. 2. (a) Except as otherwise provided by section 2(b) and section 
3(c) of this order, the Secretary of State in respect of civilian 
employees of Federal agencies who are located in foreign areas 
immediately prior to an emergency evacuation, and the Office of 
Personnel Management in respect of all other civilian employees of 
Federal agencies, are hereby designated and empowered, without the 
approval, ratification, or other action of the President, to perform the 
functions conferred upon the President by section 3(a), section 3(b), 
and section 6(a) of the act [sections 5523(a), 5523(b), and 5527(a) of 
this title].
    (b) The Office of Personnel Management is hereby designated and 
empowered to perform the functions conferred upon the President by the 
provisions of section 5527 of title 5, United States Code, with respect 
to allotments and assignments authorized by section 5525 of title 5, 
United States Code, and advance payments to new appointees authorized by 
section 5524a of title 5, United States Code, as added by section 107(a) 
of the Federal Employees Pay Comparability Act of 1990, as incorporated 
in section 529 of Public Law 101-509.
    Sec. 3. The following regulations are hereby prescribed as necessary 
and appropriate to carry out the provisions, accomplish the purposes, 
and govern the administration of the act:
    (a) To the maximum extent practicable, the Secretary of State, the 
Office of Personnel Management, and the heads of other Federal agencies 
shall exercise their authority under the act and this order so that 
employees of different Federal agencies evacuated from the same 
geographic area under the same general circumstances may be treated 
uniformly.
    (b) Advance payments of compensation, allowances, and differentials, 
as authorized by section 2 of the act [section 5522 of this title], 
shall be held to the minimum period during which the order for 
evacuation is anticipated to continue, and shall in no event be made for 
a period of more than thirty days.
    (c) It is hereby determined to be in the interest of the United 
States that payments of monetary amounts as authorized by section 3 of 
the act [section 5523 of this title] to and for the account of an 
employee whose evacuation is ordered and who is prevented from 
performing the duties of his position, under the circumstances set forth 
in section 3 of the act, should be extended beyond sixty days for not 
more than one hundred and twenty additional days only upon 
determination, pursuant to regulations of the head of the Federal agency 
concerned, that such additional payments are reasonably necessary to 
maintain a civilian staff available for performance of duty. Such 
payments of monetary amounts under the authority of section 3 of the act 
shall be terminated as of such dates as may be determined by the 
Secretary of State or the Office of Personnel Management, as 
appropriate, but not later than the date on which an employee resumes 
his duties at the post from which he has been evacuated or is assigned 
to another position.
    Sec. 4. (a) The head of each Federal agency shall issue as soon as 
practicable such regulations as may be necessary and appropriate to 
carry out his functions under the act and this order.
    (b) In order to coordinate the policies and procedures of the 
executive branch of the Government, all regulations of any Federal 
agency prepared for issuance under the provisions of section 6(c) of the 
act [section 5527(c) of this title] and section 4(a) of this order shall 
be submitted for prior approval to the Secretary of State, or to the 
Office of Personnel Management, as may be appropriate, under section 2 
of this order. The Secretary of State and the Office of Personnel 
Management shall review such regulations for conformance with the 
purpose and intent of the act and of the regulations contained in 
section 3 of this order. No Federal agency shall make any payment under 
the provisions of the act or this order until such regulations have been 
approved by the Secretary of State, or the Office of Personnel 
Management, as appropriate.
