SUBCHAPTER I—UNIFORMS
§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, §1(39), Sept. 11, 1967, 81 Stat. 206; Pub. L. 101–509, title V, §529 [title II, §202(a)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102–378, §2(50), Oct. 2, 1992, 106 Stat. 1353.)
Historical and Revision Notes
1966 Act
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|
| (a), (b) |
5 U.S.C. 2131. |
Sept. 1, 1954, ch. 1208, §402, 68 Stat. 1114. May 13, 1955, ch. 40, 69 Stat. 49. |
| (c) |
5 U.S.C. 2132 (less applicability to the Civil Service Retirement Act, as amended). |
Sept. 1, 1954, ch. 1208, §403 (less applicability to the Civil Service Retirement Act, as amended), 68 Stat. 1115. |
| (d) |
5 U.S.C. 2133. |
Sept. 1, 1954, ch. 1208, §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
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 5901(a) |
5 App.: 2131. |
Oct. 29, 1965, Pub. L. 89–301 §13, 79 Stat. 1122. July 18, 1966, Pub. L. 89–504, §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.
Editorial Notes
Amendments
1992—Subsec. (a)(1), (2). Pub. L. 102–378 substituted "5902)" for "5902)."
1990—Subsec. (a). Pub. L. 101–509, §529 [title II, §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, §529 [title II, §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".
Statutory Notes and Related Subsidiaries
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, §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, §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, §504, Nov. 26, 1991, 105 Stat. 1141.
Pub. L. 101–517, title V, §504, Nov. 5, 1990, 104 Stat. 2221.
Pub. L. 101–166, title V, §504, Nov. 21, 1989, 103 Stat. 1189.
Pub. L. 100–202, §101(h) [title V, §504], Dec. 22, 1987, 101 Stat. 1329–256, 1329-287.
Pub. L. 99–500, §101(i) [H.R. 5233, title V, §504], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(i) [H.R. 5233, title V, §504], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title V, §504, Dec. 12, 1985, 99 Stat. 1132.
Pub. L. 98–619, title V, §504, Nov. 8, 1984, 98 Stat. 3333.
Pub. L. 98–139, title V, §504, Oct. 31, 1983, 97 Stat. 889.
Pub. L. 97–377, title I, §101(e)(1) [title V, §504], Dec. 21, 1982, 96 Stat. 1878, 1904.
§5902. Increase in maximum uniform allowance
The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.
(Added Pub. L. 90–83, §1(40)(A), Sept. 11, 1967, 81 Stat. 206; amended Pub. L. 101–509, title V, §529 [title II, §202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.)
The words "any other provision of" following "Notwithstanding" are omitted as unnecessary. The words "section 5901 of this title" are substituted for "this title" in three places to reflect the codification of that title in title 5, United States Code.
Editorial Notes
Amendments
1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: "Notwithstanding section 5901 of this title, each of the respective maximum uniform allowances in effect on April 1, 1966, for the respective categories of employees to whom uniform allowances are paid under section 5901 of this title are increased, subject to the maximum allowance authorized by section 5901 of this title, as follows:
"(1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent.
"(2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent.
"(3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent.
"(4) If the maximum uniform allowance is less than $50, it is increased by 40 percent.
The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced."
Statutory Notes and Related Subsidiaries
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, §305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
§5903. Regulations
The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.
(Added Pub. L. 90–83, §1(40)(A), Sept. 11, 1967, 81 Stat. 206; amended Pub. L. 96–54, §2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 101–509, title V, §529 [title II, §202(b)], Nov. 5, 1990, 104 Stat. 1427, 1456.)
Historical and Revision Notes
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 5903 |
5: 5901(d). |
[None.] |
The regulatory authority contained in 5 U.S.C. 5901(d), the source statute for which was section 404 of the act of September 1, 1954, ch. 1208, 68 Stat. 1115, applies also to section 405 of that act (added by section 407 of the act of July 18, 1966, Public Law 89–504, 80 Stat. 299). Section 405 is codified as 5 U.S.C. 5902 by this bill.
Editorial Notes
Amendments
1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: "The President shall prescribe regulations necessary for the uniform administration of this subchapter."
1979—Pub. L. 96–54 substituted "President" for "Director of the Bureau of the Budget".
Statutory Notes and Related Subsidiaries
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, §305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.