
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1111(b)]
[CITE: 5USC5901]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                         CHAPTER 59--ALLOWANCES
 
                         SUBCHAPTER I--UNIFORMS
 
Sec. 5901. Uniform allowances

    (a) There is authorized to be appropriated annually to each agency 
of the Government of the United States, including a Government owned 
corporation, and of the government of the District of Columbia, on a 
showing of necessity or desirability, such sums as may be necessary to 
carry out this subchapter. The head of the agency concerned, out of 
funds made available by the appropriation, shall--
        (1) furnish to each of these employees a uniform at a cost not 
    to exceed $400 a year (or such higher maximum amount as the Office 
    of Personnel Management may establish under section 5902); or
        (2) pay to each of these employees an allowance for a uniform 
    not to exceed $400 a year (or such higher maximum amount as the 
    Office of Personnel Management may establish under section 5902).

The allowance may be paid only at the times and in the amounts 
authorized by the regulations prescribed under section 5903 of this 
title. When the agency pays direct to the uniform vendor, the head of 
the agency may deduct a service charge of not more than 4 percent.
    (b) When the furnishing of a uniform or the payment of a uniform 
allowance is authorized under another statute or regulation existing on 
September 1, 1954, the head of the agency concerned may continue the 
furnishing of the uniform or the payment of the uniform allowance under 
that statute or regulation, but in that event a uniform may not be 
furnished or allowance paid under this section.
    (c) An allowance paid under this section is not wages within the 
meaning of section 409 of title 42 or chapters 21 and 24 of title 26.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 508; Pub. L. 90-83, Sec. 1(39), 
Sept. 11, 1967, 81 Stat. 206; Pub. L. 101-509, title V, Sec. 529 [title 
II, Sec. 202(a)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102-378, 
Sec. 2(50), Oct. 2, 1992, 106 Stat. 1353.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a), (b)...........  5 U.S.C. 2131.                Sept. 1, 1954, ch.
                                                    1208, Sec.  402, 68
                                                    Stat. 1114.
                                                   May 13, 1955, ch. 40,
                                                    69 Stat. 49.
(c)................  5 U.S.C. 2132 (less           Sept. 1, 1954, ch.
                      applicability to the Civil    1208, Sec.  403
                      Service Retirement Act, as    (less applicability
                      amended).                     to the Civil Service
                                                    Retirement Act, as
                                                    amended), 68 Stat.
                                                    1115.
(d)................  5 U.S.C. 2133.                Sept. 1, 1954, ch.
                                                    1208, Sec.  404, 68
                                                    Stat. 1115.
------------------------------------------------------------------------

    In subsection (a), the word ``concerned'' is substituted for ``to 
which any such appropriation is made''.
    In subsection (b), the words ``in his discretion'' are omitted as 
unnecessary in view of the permissive nature of the authority.
    In subsections (b) and (d), the word ``rules'' is omitted as covered 
by the word ``regulations''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5901(a)............  5 App.: 2131.                 Oct. 29, 1965, Pub.
                                                    L. 89-301 Sec.  13,
                                                    79 Stat. 1122.
                                                   July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    407(a), 80 Stat.
                                                    299.
------------------------------------------------------------------------

    The amendment to the third sentence of subsection (a) of 5 U.S.C. 
5901, and the deletion of subsection (d) thereof, reflect the 
recodification of subsection (d) in 5 U.S.C. 5903 by section 1(40)(A) of 
this bill. In the last sentence of subsection (a), the words ``When'' 
and ``pays'' are substituted for ``In those instances where'' and 
``makes reimbursement'', respectively.


                               Amendments

    1992--Subsec. (a)(1), (2). Pub. L. 102-378 substituted ``5902)'' for 
``5902).''
    1990--Subsec. (a). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 202(a)(1)], substituted ``such sums as may be necessary to carry 
out this subchapter.'' for ``an amount not to exceed $125 multiplied by 
the number of employees of the agency who are required by regulation or 
statute to wear a prescribed uniform in the performance of official 
duties and who are not being furnished with the uniform.''
    Subsec. (a)(1), (2). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 202(a)(2)], substituted ``$400 a year (or such higher maximum 
amount as the Office of Personnel Management may establish under section 
5902).'' for ``$125 a year''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


   Availability of Appropriations for Uniforms and Uniform Allowances

    Pub. L. 102-394, title V, Sec. 504, Oct. 6, 1992, 106 Stat. 1825, 
provided that: ``Appropriations contained in this Act or subsequent 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Acts, available for salaries and 
expenses, shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-170, title V, Sec. 504, Nov. 26, 1991, 105 Stat. 1141.
    Pub. L. 101-517, title V, Sec. 504, Nov. 5, 1990, 104 Stat. 2221.
    Pub. L. 101-166, title V, Sec. 504, Nov. 21, 1989, 103 Stat. 1189.
    Pub. L. 100-202, Sec. 101(h) [title V, Sec. 504], Dec. 22, 1987, 101 
Stat. 1329-256, 1329-287.
    Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 504], Oct. 18, 
1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233, 
title V, Sec. 504], Oct. 30, 1986, 100 Stat. 3341-287.
    Pub. L. 99-178, title V, Sec. 504, Dec. 12, 1985, 99 Stat. 1132.
    Pub. L. 98-619, title V, Sec. 504, Nov. 8, 1984, 98 Stat. 3333.
    Pub. L. 98-139, title V, Sec. 504, Oct. 31, 1983, 97 Stat. 889.
    Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 504], Dec. 
21, 1982, 96 Stat. 1878, 1904.

                  Section Referred to in Other Sections

    This section is referred to in sections 5902, 8331 of this title; 
title 10 sections 1593, 1622; title 16 sections 1a-4, 742j-2; title 25 
section 2807; title 33 section 540a; title 37 sections 417, 418; title 
38 section 903; title 43 section 1468.
