§ 305. — Public Printer: employees; pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC305]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 3--GOVERNMENT PRINTING OFFICE
Sec. 305. Public Printer: employees; pay
(a) The Public Printer may employ journeymen, apprentices, laborers,
and other persons necessary for the work of the Government Printing
Office at rates of wages and salaries, including compensation for night
and overtime work, he considers for the interest of the Government and
just to the persons employed, except as otherwise provided by this
section. He may not employ more persons than the necessities of the
public work require nor more than four hundred apprentices at one time.
The minimum pay of journeymen printers, pressmen, and bookbinders
employed in the Government Printing Office shall be at the rate of 90
cents an hour for the time actually employed. Except as provided by the
preceding part of this section the rate of wages, including compensation
for night and overtime work, for more than ten employees of the same
occupation shall be determined by a conference between the Public
Printer and a committee selected by the trades affected, and the rates
and compensation so agreed upon shall become effective upon approval by
the Joint Committee on Printing. When the Public Printer and the
committee representing the trade fail to agree as to wages, salaries,
and compensation, either party may appeal to the Joint Committee on
Printing, and the decision of the Joint Committee is final. The wages,
salaries, and compensation so determined are not subject to change
oftener than once a year.
(b) The Public Printer may grant an employee paid on an annual basis
compensatory time off from duty instead of overtime pay for overtime
work.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 91-167, Dec. 26,
1969, 83 Stat. 453; Pub. L. 91-369, July 31, 1970, 84 Stat. 693.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., Sec. 40 (Jan. 12, 1895, ch. 23,
Secs. 39, 49, 50, 28 Stat. 607, 608; June 6, 1900, ch. 791, Sec. 1, 31
Stat. 643; Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 1021, 1024; Aug. 24,
1912, ch. 355, Sec. 1, 37 Stat. 482; July 8, 1918, ch. 139, Sec. 1, 40
Stat. 836; Aug. 2, 1919, ch. 30, 41 Stat. 272; Feb. 20, 1923, ch. 98, 42
Stat. 1278; June 7, 1924, ch. 354, Sec. 1, 43 Stat. 658).
Last sentence of this section was deleted as executed.
Amendments
1970--Pub. L. 91-369 designated existing provisions as subsec. (a)
and added subsec. (b).
1969--Pub. L. 91-167 substituted ``four hundred'' for ``two
hundred'' as the number of apprentices which the Public Printer may
employ at one time.
Repeals
General repealer of provisions inconsistent with Pub. L. 92-392 as
not repealing or affecting this section, see section 13 of Pub. L. 92-
392, set out as a note under section 5341 of Title 5, Government
Organization and Employees.
Voluntary Separation Incentives
Pub. L. 105-275, title III, Sec. 309, Oct. 21, 1998, 112 Stat. 2454,
as amended by Pub. L. 107-68, title II, Sec. 210(a), Nov. 12, 2001, 115
Stat. 590, provided that:
``(a) Severance Pay.--[Amended section 5595 of Title 5, Government
Organization and Employees.]
``(b) Early Retirement.--(1) This subsection applies to an employee
of the Government Printing Office who--
``(A) voluntarily separates from service on or after the date of
enactment of this Act [Oct. 21, 1998] and before October 1, 2004;
and
``(B) on such date of separation--
``(i) has completed 25 years of service as defined under
section 8331(12) or 8401(26) of title 5, United States Code; or
``(ii) has completed 20 years of such service and is at
least 50 years of age.
``(2) Notwithstanding any provision of chapter 83 or 84 of title 5,
United States Code, an employee described under paragraph (1) is
entitled to an annuity which shall be computed consistent with the
provisions of law applicable to annuities under section 8336(d) or
8414(b) of title 5, United States Code.
``(c) Voluntary Separation Incentive Payments.--(1) In this
subsection, the term `employee' means an employee of the Government
Printing Office, serving without limitation, who has been currently
employed for a continuous period of at least 12 months, except that such
term shall not include--
``(A) a reemployed annuitant under subchapter III of chapter 83
or chapter 84 of title 5, United States Code, or another retirement
system for employees of the Government;
``(B) an employee having a disability on the basis of which such
employee is or would be eligible for disability retirement under any
of the retirement systems referred to in subparagraph (A); or
``(C) an employee who is employed on a temporary when actually
employed basis.
``(2) Notwithstanding any other provision of law, in order to avoid
or minimize the need for involuntary separations due to a reduction in
force, reorganization, transfer of function, or other similar action
affecting the agency, the Public Printer shall establish a program under
which voluntary separation incentive payments may be offered to
encourage eligible employees to separate from service voluntarily
(whether by retirement or resignation) during the period beginning on
the date of the enactment of this Act [Oct. 21, 1998] through September
30, 2004.
``(3) Such voluntary separation incentive payments shall be paid in
accordance with the provisions of section 5597(d) of title 5, United
States Code. Any such payment shall not be a basis of payment, and shall
not be included in the computation, of any other type of Government
benefit.
``(4)(A) Not later than January 15, 1999, the Public Printer shall
submit a plan described under subparagraph (C) to the Joint Committee on
Printing (or any applicable successor committees).
``(B) No voluntary separation incentive payment may be paid under
this section unless the Public Printer submits a plan described under
subparagraph (C) to the Joint Committee on Printing (or any applicable
successor committees) and the Joint Committee on Printing approves the
plan (or such successor committees approve the plan).
``(C) The plan referred to under subparagraph (B) shall include--
``(i) the positions and functions to be reduced or eliminated,
identified by organizational unit, occupational category, and pay or
grade level;
``(ii) the number and amounts of voluntary separation incentive
payments to be offered; and
``(iii) a description of how the Government Printing Office will
operate without the eliminated positions and functions.
``(5)(A) In addition to any other payments which the Public Printer
is required to make under subchapter III of chapter 83 of title 5,
United States Code, the Public Printer shall remit to the Office of
Personnel Management for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund an amount
equal to 15 percent of the final basic pay of each employee who is
covered under subchapter III of chapter 83 or chapter 84 of title 5,
United States Code, to whom a voluntary separation incentive has been
paid under this section.
``(B) For the purpose of this paragraph, the term `final basic pay',
with respect to an employee--
``(i) means the total amount of basic pay which would be payable
for a year of service by such employee, computed using the
employee's final rate of basic pay; and
``(ii) includes an appropriate adjustment to the amount computed
under clause (i) if the employee is last serving on other than a
full-time basis.
``(6)(A) Subject to subparagraph (B), an employee who has received a
voluntary separation incentive payment under this section and accepts
employment with the Government of the United States within 5 years after
the date of the separation on which the payment is based shall be
required to repay the entire amount of the incentive payment to the
agency that paid the incentive payment.
``(B)(i) If the employment is with an Executive agency (as defined
by section 105 of title 5, United States Code), the Director of the
Office of Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
``(ii) If the employment is with an entity in the legislative
branch, the head of the entity or the appointing official may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
``(iii) If the employment is with the judicial branch, the Director
of the Administrative Office of the United States Courts may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
``(C) For purposes of subparagraph (A) (but not subparagraph (B)),
the term `employment' includes employment under a personal services
contract with the United States.
``(7) Not later than January 15, 1999, the Public Printer shall
prescribe regulations to carry out this subsection.
``(d) Retraining, Job Placement, and Counseling Services.--(1) In
this subsection, the term `employee'--
``(A) means an employee of the Government Printing Office; and
``(B) shall not include--
``(i) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
``(ii) an employee who is employed on a temporary when
actually employed basis.
``(2) The Public Printer may establish a program to provide
retraining, job placement, and counseling services to employees and
former employees.
``(3) A former employee may not participate in a program established
under this subsection, if--
``(A) the former employee was separated from service with the
Government Printing Office for more than 1 year; or
``(B) the separation was by removal for cause on charges of
misconduct or delinquency.
``(4) Retraining costs for the program established under this
subsection may not exceed $5,000 for each employee or former employee.
``(e) Administrative Provisions.--(1) The Public Printer--
``(A) may use employees of the Government Printing Office to
establish and administer programs and carry out the provisions of
this section; and
``(B) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, to carry out such
provisions--
``(i) not subject to the 1 year of service limitation under
such section 3109(b); and
``(ii) at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
``(2) Funds to carry out subsections (a) and (c) may be expended
only from funds available for the basic pay of the employee who is
receiving the applicable payment.
``(3) Funds to carry out subsection (d) may be expended from any
funds made available to the Public Printer.''
[Pub. L. 107-68, title II, Sec. 210(b), Nov. 12, 2001, 115 Stat.
590, provided that: ``The amendments made by this section [amending
section 309 of Pub. L. 105-275, set out above] shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act,
1999 [Pub. L. 105-275].'']
Section Referred to in Other Sections
This section is referred to in section 1704 of this title; title 5
sections 5102, 5349.
