US (United States) Code. Title 5. Chapter 55: Pay administration

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 55 - PAY ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

.

-HEAD-

CHAPTER 55 - PAY ADMINISTRATION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

5501. Disposition of money accruing from lapsed salaries or unused

appropriations for salaries.

5502. Unauthorized office; prohibition on use of funds.

5503. Recess appointments.

5504. Biweekly pay periods; computation of pay.

5505. Monthly pay periods; computation of pay.

5506. Computation of extra pay based on standard or daylight saving

time.

5507. Officer affidavit; condition to pay.

5508. Officer entitled to leave; effect on pay status.

5509. Appropriations.

SUBCHAPTER II - WITHHOLDING PAY

5511. Withholding pay; employees removed for cause.

5512. Withholding pay; individuals in arrears.

5513. Withholding pay; credit disallowed or charge raised for

payment.

5514. Installment deduction for indebtedness because of erroneous

payment. (FOOTNOTE 1)

(FOOTNOTE 1) Section catchline amended by Pub. L. 97-365 without

corresponding amendment of chapter analysis.

5515. Crediting amounts received for jury or witness service.

5516. Withholding District of Columbia income taxes.

5517. Withholding State income taxes.

5518. Deductions for State retirement systems; National Guard

employees.

5519. Crediting amounts received for certain Reserve or National

Guard service.

5520. Withholding of city or county income or employment taxes.

5520a. Garnishment of pay.

SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5521. Definitions.

5522. Advance payments; rates; amounts recoverable.

5523. Duration of payments; rates; active service period.

5524. Review of accounts.

5524a. Advance payments for new appointees.

5525. Allotment and assignment of pay.

5526. Funds available on reimbursable basis.

5527. Regulations.

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

5531. Definitions.

(5532. Repealed.)

5533. Dual pay from more than one position; limitations;

exceptions.

5534. Dual employment and pay of Reserves and National Guardsmen.

5534a. Dual employment and pay during terminal leave from uniformed

services.

5535. Extra pay for details prohibited.

5536. Extra pay for extra services prohibited.

5537. Fees for jury and witness service.

SUBCHAPTER V - PREMIUM PAY

5541. Definitions.

5542. Overtime rates; computation.

5543. Compensatory time off.

5544. Wage-board overtime and Sunday rates; computation.

5545. Night, standby, irregular, and hazardous duty differential.

5545a. Availability pay for criminal investigators.

5545b. Pay for firefighters.

5546. Pay for Sunday and holiday work.

5546a. Differential pay for certain employees of the Federal

Aviation Administration and the Department of Defense.

5547. Limitation on premium pay.

5548. Regulations.

5549. Effect on other statutes.

(5550. Repealed.)

5550a. Compensatory time off for religious observances.

SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5551. Lump-sum payment for accumulated and accrued leave on

separation.

5552. Lump-sum payment for accumulated and accrued leave on

entering active duty; election.

5553. Regulations.

SUBCHAPTER VII - PAYMENTS TO MISSING EMPLOYEES

5561. Definitions.

5562. Pay and allowances; continuance while in a missing status;

limitations.

5563. Allotments; continuance, suspension, initiation, resumption,

or increase while in a missing status; limitations.

5564. Travel and transportation; dependents; household and personal

effects; motor vehicles; sale of bulky items; claims for

proceeds; appropriation chargeable.

5565. Agency review.

5566. Agency determinations.

5567. Settlement of accounts.

5568. Income tax deferment.

5569. Benefits for captives.

5570. Compensation for disability or death.

SUBCHAPTER VIII - SETTLEMENT OF ACCOUNTS

5581. Definitions.

5582. Designation of beneficiary; order of precedence.

5583. Payment of money due; settlement of accounts.

5584. Claims for overpayment of pay and allowances, and of travel,

transportation and relocation expenses and allowances.

SUBCHAPTER IX - SEVERANCE PAY AND BACK PAY

(5591 to 5594. Repealed.)

5595. Severance pay.

5596. Back pay due to unjustified personnel action.

5597. Separation pay.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VI, Sec. 651(a)(2), Oct. 5,

1999, 113 Stat. 664, struck out item 5532 ''Employment of retired

members of the uniformed services; reduction in retired or retainer

pay.''

1998 - Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.

628(b)), Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, added item

5545b.

1994 - Pub. L. 103-329, title VI, Sec. 633(b)(3), Sept. 30, 1994,

108 Stat. 2427, added item 5545a.

1993 - Pub. L. 103-94, Sec. 9(b)(1), Oct. 6, 1993, 107 Stat.

1010, which directed amendment of table of chapters for chapter 55

of this title by adding item 5520a, was executed by adding item

5520a to table of sections for this chapter to reflect the probable

intent of Congress.

1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4436(a)(2),

Oct. 23, 1992, 106 Stat. 2724, added item 5597.

Pub. L. 102-378, Sec. 2(44)(B), (45)(B), Oct. 2, 1992, 106 Stat.

1352, 1353, struck out item 5550 ''Pay for Sunday and overtime

work; employees of nonappropriated fund instrumentalities'' and

added item 5553.

1990 - Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 107(b)),

Nov. 5, 1990, 104 Stat. 1427, 1449, added item 5524a.

1986 - Pub. L. 99-399, title VIII, Sec. 803(b), Aug. 27, 1986,

100 Stat. 883, added items 5569 and 5570.

1985 - Pub. L. 99-224, Sec. 1(b), Dec. 28, 1985, 99 Stat. 1741,

substituted ''and of travel, transportation and relocation expenses

and allowances'' for ''other than travel and transportation

expenses and allowances and relocation expenses'' in item 5584.

1984 - Pub. L. 98-525, title XV, Sec. 1537(c)(6)(B), Oct. 19,

1984, 98 Stat. 2636, inserted ''and the Department of Defense'' in

item 5546a.

1982 - Pub. L. 97-276, Sec. 151(c)(2), Oct. 2, 1982, 96 Stat.

1201, added item 5546a.

1978 - Pub. L. 95-454, title III, Sec. 308(f)(2), Oct. 13, 1978,

92 Stat. 1151, substituted ''members of the uniformed services;

reduction in retired or retainer pay'' for ''officers of the

uniformed services; reduction in retired or retirement pay;

exceptions'' in item 5532.

Pub. L. 95-390, title IV, Sec. 401(b), Sept. 29, 1978, 92 Stat.

762, added item 5550a.

1977 - Pub. L. 95-30, title IV, Sec. 408(b), May 23, 1977, 91

Stat. 157, substituted ''city or county'' for ''city'' in item

5520.

1975 - Pub. L. 94-183, Sec. 2(24), Dec. 31, 1975, 89 Stat. 1058,

struck out ''Sunday,'' after ''Night,'' in item 5545.

1974 - Pub. L. 93-340, Sec. 1(b), July 10, 1974, 88 Stat. 294,

added item 5520.

1972 - Pub. L. 92-453, Sec. 3(2), Oct. 2, 1972, 86 Stat. 760,

substituted ''overpayment of pay and allowances, other than travel

and transportation expenses and allowances and relocation

expenses'' for ''overpayment of pay'' in item 5584.

Pub. L. 92-392, Sec. 10(b), Aug. 19, 1972, 86 Stat. 574, added

item 5550.

1970 - Pub. L. 91-563, Sec. 2(b), 3(b), Dec. 19, 1970, 84 Stat.

1477, substituted ''jury or witness service'' for ''jury service in

State courts'' in item 5515, and ''jury and witness service'' for

''jury service in courts of the United States'' in item 5537.

1968 - Pub. L. 90-616, Sec. 1(b), Oct. 21, 1968, 82 Stat. 1212,

added item 5584.

Pub. L. 90-588, Sec. 2(c), Oct. 17, 1968, 82 Stat. 1152, added

item 5519.

1967 - Pub. L. 90-83, Sec. 1(23), (26)(B), (28), (30), (35),

Sept. 11, 1967, 81 Stat. 200, 201, 203, inserted items 5534a, 5595

and 5596, included Sunday rates in item 5544, Sunday and hazardous

duty differential in item 5545 and Sundays in item 5546,

substituted ''Severance Pay and Back Pay'' for ''Back Pay'' in

heading of subchapter IX, and struck out items 5591 to 5594.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 5362, 9701 of this title.

-CITE-

5 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

5 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5501. Disposition of money accruing from lapsed salaries or

unused appropriations for salaries

-STATUTE-

Money accruing from lapsed salaries or from unused appropriations

for salaries shall be covered into the Treasury of the United

States. An individual who violates this section shall be removed

from the service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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5 U.S.C. 50 (1st Aug. 5, 1882, ch.

sentence; and 2d 389, Sec. 4 (297th

sentence, so much through 316th

as relates to words), 22 Stat.

removal). 255. Aug. 23, 1912,

ch. 350, Sec. 5 (so

much as relates to

removal), 37 Stat.

414.

-------------------------------

In the last sentence, the word ''removed'' is substituted for

''summarily removed'' because of the provisions of the

Lloyd-LaFollette Act 37 Stat. 555, as amended, and the Veterans'

Preference Act of 1944, 58 Stat. 387, as amended, which are carried

into this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1916.

-CITE-

5 USC Sec. 5502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5502. Unauthorized office; prohibition on use of funds

-STATUTE-

(a) Payment for services may not be made from the Treasury of the

United States to an individual acting or assuming to act as an

officer in the civil service or uniformed services in an office

which is not authorized by existing law, unless the office is later

sanctioned by law.

(b) Except as otherwise provided by statute, public money and

appropriations may not be used for pay or allowance for an

individual employed by an official of the United States retired

from active service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(a) 5 U.S.C. 52. R.S. Sec. 1760.

(b) 5 U.S.C. 85. July 1, 1898, ch.

546, Sec. 1 (3d

proviso on p. 644),

30 Stat. 644.

-------------------------------

In subsection (a), the words ''in the civil service or uniformed

services'' are substituted for ''civil, military, or naval''.

In subsection (b), the words ''Except as otherwise provided by

statute'' are added in recognition of the Act of Aug. 25, 1958,

Pub. L. 85-745, 72 Stat. 838, which authorizes an office staff for

former Presidents. The reference to ''public money and

appropriations'' is added for clarity.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5503. Recess appointments

-STATUTE-

(a) Payment for services may not be made from the Treasury of the

United States to an individual appointed during a recess of the

Senate to fill a vacancy in an existing office, if the vacancy

existed while the Senate was in session and was by law required to

be filled by and with the advice and consent of the Senate, until

the appointee has been confirmed by the Senate. This subsection

does not apply -

(1) if the vacancy arose within 30 days before the end of the

session of the Senate;

(2) if, at the end of the session, a nomination for the office,

other than the nomination of an individual appointed during the

preceding recess of the Senate, was pending before the Senate for

its advice and consent; or

(3) if a nomination for the office was rejected by the Senate

within 30 days before the end of the session and an individual

other than the one whose nomination was rejected thereafter

receives a recess appointment.

(b) A nomination to fill a vacancy referred to by paragraph (1),

(2), or (3) of subsection (a) of this section shall be submitted to

the Senate not later than 40 days after the beginning of the next

session of the Senate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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5 U.S.C. 56. R.S. Sec. 1761. July

11, 1940, ch. 580,

54 Stat. 751.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5504. Biweekly pay periods; computation of pay

-STATUTE-

(a) The pay period for an employee covers two administrative

workweeks. For the purpose of this subsection, ''employee'' means

-

(1) an employee in or under an Executive agency;

(2) an employee in or under the Office of the Architect of the

Capitol, the Botanic Garden, and the Library of Congress, for

whom a basic administrative workweek is established under section

6101(a)(5) of this title; and

(3) an individual employed by the government of the District of

Columbia;

but does not include -

(A) an employee on the Isthmus of Panama in the service of the

Panama Canal Commission; or

(B) an employee or individual excluded from the definition of

employee in section 5541(2) of this title other than an employee

or individual excluded by section 5541(2)(xvi) of this title.

(b) When, in the case of an employee, it is necessary for

computation of pay under this subsection to convert an annual rate

of basic pay to a basic hourly, daily, weekly, or biweekly rate,

the following rules govern:

(1) To derive an hourly rate, divide the annual rate by 2,087.

(2) To derive a daily rate, multiply the hourly rate by the

number of daily hours of service required.

(3) To derive a weekly or biweekly rate, multiply the hourly

rate by 40 or 80, as the case may be.

Rates are computed to the nearest cent, counting one-half and over

as a whole cent. For the purpose of this subsection, ''employee''

means -

(A) an employee in or under an Executive agency;

(B) an employee in or under the judicial branch;

(C) an employee in or under the Office of the Architect of the

Capitol, the Botanic Garden, and the Library of Congress, for

whom a basic administrative workweek is established under section

6101(a)(5) of this title; and

(D) an individual employed by the government of the District of

Columbia;

but does not include an employee or individual excluded from the

definition of employee in section 5541(2) of this title other than

an employee or individual excluded by section 5541(2)(xvi) of this

title.

(c) The Office of Personnel Management may prescribe regulations,

subject to the approval of the President, necessary for the

administration of this section insofar as this section affects

employees in or under an Executive agency.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475; Pub. L. 90-83, Sec.

1(21), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, title IV, Sec.

408(a)(1), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1173,

1224; Pub. L. 96-54, Sec. 2(a)(29), Aug. 14, 1979, 93 Stat. 383;

Pub. L. 96-70, title III, Sec. 3302(e)(2), Sept. 27, 1979, 93 Stat.

498; Pub. L. 99-272, title XV, Sec. 15203(a), Apr. 7, 1986, 100

Stat. 334.)

-MISC1-

Historical and Revision Notes

1966 Act

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(a) 5 U.S.C. 944(b), (d) June 30, 1945, ch.

(last 27 words, as 212, Sec. 604(b),

applicable to (e) (last 27 words,

subsection (b)). as applicable to

subsection (b)), 59

Stat. 303, 304.

July 31, 1959, Pub.

L. 86-122, Sec. 1,

73 Stat. 268.

(b) 5 U.S.C. 944(c), (d) June 30, 1945, ch.

(last 27 words, 212, Sec. 604(d),

less applicability (e) (last 27 words,

to subsection (b)). less applicability

to subsection (b)),

59 Stat. 303, 304.

Oct. 28, 1949, ch.

782, Sec. 1203, 63

Stat. 973. June 20,

1958, Pub. L. 85-

462, Sec. 15, 72

Stat. 214. Aug. 14,

1964, Pub. L. 88-

426, Sec. 103(c), 78

Stat. 402.

-------------------------------

In subsection (a), the words ''Beginning not later than October

1, 1945'' are omitted as executed. Paragraphs (1) and (3) are

substituted for the words ''all officers and employees of the

organizations referred to in subsection (a) of this section''. In

paragraph (A), the words ''Canal Zone Government'' and ''Panama

Canal Company'' are substituted for ''The Panama Canal'' and

''Panama Railroad Company'' on authority of the Act of Sept. 26,

1950, ch. 1049, Sec. 2(a), 64 Stat. 1038. Paragraph (B) is added on

authority of former section 902, which is carried into section

5541.

In subsection (b), the exception in the last sentence is added on

authority of former section 902, which is carried into section

5541.

Subsection (c) is added on authority of former section 945, which

is carried into section 5548. The words ''an Executive agency'' are

substituted for ''the executive branch of the Government'' to

conform to the definition in section 105. Applicability of this

section to employees of the General Accounting Office is based on

former section 933a.

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

This section amends 5 U.S.C. 5504 to reflect the amendment to 5

U.S.C. 6101 by section 1(43) of this bill.

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-272 struck out first sentence

which provided that for pay computation purposes affecting an

employee, the annual rate of basic pay established by or under

statute is deemed payment for employment during 52 basic

administrative workweeks of 40 hours, inserted '', in the case of

an employee,'' after ''When'' in second sentence, substituted

''2,087'' for ''2,080'' in par. (1), and inserted ''other than an

employee or individual excluded by section 5541(2)(xvi) of this

title'' at end of last sentence.

1979 - Subsec. (a)(A). Pub. L. 96-70 substituted ''Panama Canal

Commission'' for ''Canal Zone Government or the Panama Canal

Company''.

Subsec. (a)(B). Pub. L. 96-54 substituted ''(xvi) of this title''

for ''(xvi) of this section''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 408(a)(1), in par. (B)

inserted reference to an employee or individual excluded by section

5541(2)(xvi).

Subsec. (c). Pub. L. 95-454, Sec. 906(a)(2), substituted ''Office

of Personnel Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 15203(b) of Pub. L. 99-272 provided that: ''The

amendments made by subsection (a) (amending this section) shall be

effective with respect to pay periods commencing on or after March

1, 1986.''

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 408(a)(1) of Pub. L. 95-454 effective 9

months after Oct. 13, 1978, and congressional review of provisions

of sections 401 through 415 of Pub. L. 95-454, see section 415 of

Pub. L. 95-454, set out as an Effective Date note under section

3131 of this title.

Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90

days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set

out as a note under section 1101 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in Office of Personnel Management under this

section insofar as it affects officers and employees in or under

executive branch of government to be performed without approval of

President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965,

30 F.R. 7739, set out as a note under section 301 of Title 3, The

President.

-MISC5-

DETERMINATION OF HOURLY RATE

Pub. L. 97-253, title III, Sec. 310(b), Sept. 8, 1982, 96 Stat.

799, as amended by Pub. L. 97-346, Sec. 3(l), Oct. 15, 1982, 96

Stat. 1649; Pub. L. 98-117, Sec. 1, Oct. 11, 1983, 97 Stat. 802,

provided that:

''(1) Notwithstanding any other provision of law, effective with

respect to pay periods beginning in fiscal years 1984 and 1985, and

applicable in the case of an employee as defined in section 5504(b)

of title 5, United States Code (subsection (b) of this section),

any hourly rate derived under section 5504(b)(1) of title 5, United

States Code, shall be derived by dividing the annual rate of basic

pay by 2,087.

''(2) Paragraph (1) shall not apply in determining basic pay for

purposes of subchapter III of chapter 83 of title 5, United States

Code.

''(3) The Office of Personnel Management may prescribe

regulations necessary for the administration of this subsection

insofar as this subsection affects employees in or under an

Executive agency.

''(4) Notwithstanding any other provision of this subsection,

paragraph (1) shall not be effective with respect to pay periods

beginning before the effective date of any increase under section

5305 of title 5, United States Code, in the rates of pay under the

General Schedule and the rates of pay under the other statutory pay

systems for fiscal year 1984.''

(Section 2 of Pub. L. 98-117 provided that: ''The amendment made

by this Act (enacting par. (4) of this note) shall be effective as

of October 1, 1983.'')

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5332, 5505, 5545b of this

title; title 2 sections 142e, 142f, 142g, 142l, 1844, 1845; title

38 section 7423.

-CITE-

5 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5505. Monthly pay periods; computation of pay

-STATUTE-

The pay period for an individual in the service of the United

States whose pay is monthly or annual covers one calendar month,

and the following rules for division of time and computation of pay

for services performed govern:

(1) A month's pay is one-twelfth of a year's pay.

(2) A day's pay is one-thirtieth of a month's pay.

(3) The 31st day of a calendar month is ignored in computing

pay, except that one day's pay is forfeited for one day's

unauthorized absence on the 31st day of a calendar month.

(4) For each day of the month elapsing before entering the

service, one day's pay is deducted from the first month's pay of

the individual.

This section does not apply to an employee whose pay is computed

under section 5504(b) of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 84. June 30, 1906, ch.

3914, Sec. 6, 34

Stat. 763. June 30,

1945, ch. 212, Sec.

604(c) (2d

sentence), 59 Stat.

303.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 142e; title 26

section 7443.

-CITE-

5 USC Sec. 5506 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5506. Computation of extra pay based on standard or daylight

saving time

-STATUTE-

When an employee as defined by section 2105 of this title or an

individual employed by the government of the District of Columbia

is entitled to extra pay for services performed between or after

certain named hours of the day or night, the extra pay is computed

on the basis of either standard or daylight saving time, depending

on the time observed by law, custom, or practice where the services

are performed.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 914. Sept. 7, 1949, ch.

538, Sec. 2, 63

Stat. 690.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5507 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5507. Officer affidavit; condition to pay

-STATUTE-

An officer required by section 3332 of this title to file an

affidavit may not be paid until the affidavit has been filed.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 21b. Dec. 11, 1926, ch.

4, Sec. 2, 44 Stat.

919.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5508 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5508. Officer entitled to leave; effect on pay status

-STATUTE-

An officer in the executive branch and an officer of the

government of the District of Columbia to whom subchapter I of

chapter 63 of this title applies are not entitled to the pay of

their offices solely because of their status as officers.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2061(c)(1) July 2, 1953, ch.

(last sentence). 178, Sec. 1

''(c)(1) (last

sentence)'', 67

Stat. 136.

-------------------------------

The words ''including an officer of a corporation wholly owned or

controlled by the United States'' are omitted as unnecessary in

view of the definition of ''officer'' in section 2104.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5509 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5509. Appropriations

-STATUTE-

There are authorized to be appropriated sums necessary to carry

out the provisions of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(Uncodified). June 30, 1945, ch.

212, Sec. 609, 59

Stat. 306.

(Uncodified). Oct. 28, 1949, ch.

782, Sec. 1107, 63

Stat. 972.

(Uncodified). Sept. 30, 1950, ch.

1123, Sec. 13, 64

Stat. 1100.

42 U.S.C. 1370. Sept. 1, 1954, ch.

1212, Sec. 4(a)

''Sec. 1510'', 68

Stat. 1135.

(Uncodified). Sept. 6, 1960, Pub.

L. 86-707, Sec.

501(a), 74 Stat.

800.

-------------------------------

The remainder of the authority for this section is implied from

the statutes from which this title is derived.

MERIT SYSTEMS PROTECTION BOARD AND OFFICE OF SPECIAL COUNSEL;

AUTHORIZATION OF APPROPRIATIONS; RESTRICTION ON APPROPRIATIONS

Pub. L. 101-12, Sec. 8(a), (b), Apr. 10, 1989, 103 Stat. 34, as

amended by Pub. L. 103-424, Sec. 1, Oct. 29, 1994, 108 Stat. 4361;

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

641(a), 642(a)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-365; Pub.

L. 107-304, Sec. 2(a), (b), Nov. 27, 2002, 116 Stat. 2364, provided

that:

''(a) Authorization of Appropriations. - There are authorized to

be appropriated, out of any moneys in the Treasury not otherwise

appropriated -

''(1) for each of fiscal years 2003, 2004, 2005, 2006, and 2007

such sums as necessary to carry out subchapter I of chapter 12 of

title 5, United States Code (as amended by this Act); and

''(2) for each of fiscal years 2003, 2004, 2005, 2006, and 2007

such sums as necessary to carry out subchapter II of chapter 12

of title 5, United States Code (as amended by this Act).

''(b) Restriction Relating to Appropriations Under the Civil

Service Reform Act of 1978. - No funds may be appropriated to the

Merit Systems Protection Board or the Office of Special Counsel

pursuant to section 903 of the Civil Service Reform Act of 1978

(Pub. L. 95-454) (5 U.S.C. 5509 note).''

(Pub. L. 107-304, Sec. 2(c), Nov. 27, 2002, 116 Stat. 2364,

provided that: This section (amending section 8(a) of Pub. L.

101-12, set out above) shall be effective as of October 1, 2002.'')

(Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

641(b), 642(b)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-365,

provided that the amendments made by section 101(f) (title VI, Sec.

641(a), 642(a)) of Pub. L. 104-208 (amending section 8(a) of Pub.

L. 101-12, set out above) were to be effective on Oct. 1, 1998.)

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 95-454, title IX, Sec. 903, Oct. 13, 1978, 92 Stat. 1224,

provided that: ''There are authorized to be appropriated, out of

any moneys in the Treasury not otherwise appropriated, such sums as

may be necessary to carry out the provisions of this Act (For

classification of Pub. L. 95-454, see Tables).''

-CITE-

5 USC SUBCHAPTER II - WITHHOLDING PAY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

.

-HEAD-

SUBCHAPTER II - WITHHOLDING PAY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 15 section 78d.

-CITE-

5 USC Sec. 5511 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5511. Withholding pay; employees removed for cause

-STATUTE-

(a) Except as provided by subsection (b) of this section, the

earned pay of an employee removed for cause may not be withheld or

confiscated.

(b) If an employee indebted to the United States is removed for

cause, the pay accruing to the employee shall be applied in whole

or in part to the satisfaction of any claim or indebtedness due the

United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 46a. Feb. 24, 1931, ch.

287, 46 Stat. 1415.

-------------------------------

In subsection (a), the words ''From and after February 24, 1931''

are omitted as executed. The word ''employee'' is coextensive with

and substituted for ''civil employee of the United States'' in view

of the definition of ''employee'' in section 2105.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5512 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5512. Withholding pay; individuals in arrears

-STATUTE-

(a) The pay of an individual in arrears to the United States

shall be withheld until he has accounted for and paid into the

Treasury of the United States all sums for which he is liable.

(b) When pay is withheld under subsection (a) of this section,

the employing agency, on request of the individual, his agent, or

his attorney, shall report immediately to the Attorney General the

balance due; and the Attorney General, within 60 days, shall order

suit to be commenced against the individual.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 92-310, title

II, Sec. 202, June 6, 1972, 86 Stat. 202; Pub. L. 104-316, title I,

Sec. 103(b), Oct. 19, 1996, 110 Stat. 3828.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 82. R.S. Sec. 1766.

-------------------------------

In subsection (b), reference to the ''General Accounting Office''

is substituted for ''accounting officers of the Treasury'' on

authority of the Act of June 10, 1921, ch. 18, title III, 42 Stat.

23. The words ''on request of'' are substituted for ''if required

to do so by'' as more accurately reflecting the intent. Reference

to the ''Attorney General'' is substituted for ''Solicitor of the

Treasury'' and ''Solicitor'' on authority of section 16 of the Act

of March 3, 1933, ch. 212, 47 Stat. 1517; section 5 of E.O. 6166,

June 10, 1933; and section 1 of 1950 Reorg. Plan No. 2, 64 Stat.

1261.

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

1996 - Subsec. (b). Pub. L. 104-316 substituted ''employing

agency'' for ''General Accounting Office''.

1972 - Subsec. (b). Pub. L. 92-310 struck out ''and his

sureties'' after ''against the individual''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 1007.

-CITE-

5 USC Sec. 5513 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5513. Withholding pay; credit disallowed or charge raised for

payment

-STATUTE-

When the General Accounting Office, on a statement of the account

of a disbursing or certifying official of the United States,

disallows credit or raises a charge for a payment to an individual

in or under an Executive agency otherwise entitled to pay, the pay

of the payee shall be withheld in whole or in part until full

reimbursement is made under regulations prescribed by the head of

the Executive agency from which the payee is entitled to receive

pay. This section does not repeal or modify existing statutes

relating to the collection of the indebtedness of an accountable,

certifying, or disbursing official.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 46b. May 26, 1936, ch.

452, 49 Stat. 1374.

Aug. 3, 1950, ch.

515, 64 Stat. 393.

-------------------------------

The words ''On and after May 26, 1936'' are omitted as executed.

The word ''official'' is substituted for ''officer'' and

''officers'' as the definition of ''officer'' in section 2104

excludes a member of a uniformed service. The words ''from the

United States or from an agency or instrumentality thereof'' are

omitted as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5514 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5514. Installment deduction for indebtedness to the United

States

-STATUTE-

(a)(1) When the head of an agency or his designee determines that

an employee, member of the Armed Forces or Reserve of the Armed

Forces, is indebted to the United States for debts to which the

United States is entitled to be repaid at the time of the

determination by the head of an agency or his designee, or is

notified of such a debt by the head of another agency or his

designee the amount of indebtedness may be collected in monthly

installments, or at officially established pay intervals, by

deduction from the current pay account of the individual. The

deductions may be made from basic pay, special pay, incentive pay,

retired pay, retainer pay, or, in the case of an individual not

entitled to basic pay, other authorized pay. The amount deducted

for any period may not exceed 15 percent of disposable pay, except

that a greater percentage may be deducted upon the written consent

of the individual involved. If the individual retires or resigns,

or if his employment or period of active duty otherwise ends,

before collection of the amount of the indebtedness is completed,

deduction shall be made from subsequent payments of any nature due

the individual from the agency concerned. All Federal agencies to

which debts are owed and which have outstanding delinquent debts

shall participate in a computer match at least annually of their

delinquent debt records with records of Federal employees to

identify those employees who are delinquent in repayment of those

debts. The preceding sentence shall not apply to any debt under

the Internal Revenue Code of 1986. Matched Federal employee records

shall include, but shall not be limited to, records of active Civil

Service employees government-wide, military active duty personnel,

military reservists, United States Postal Service employees,

employees of other government corporations, and seasonal and

temporary employees. The Secretary of the Treasury shall establish

and maintain an interagency consortium to implement centralized

salary offset computer matching, and promulgate regulations for

this program. Agencies that perform centralized salary offset

computer matching services under this subsection are authorized to

charge a fee sufficient to cover the full cost for such services.

(2) Except as provided in paragraph (3) of this subsection, prior

to initiating any proceedings under paragraph (1) of this

subsection to collect any indebtedness of an individual, the head

of the agency holding the debt or his designee, shall provide the

individual with -

(A) a minimum of thirty days written notice, informing such

individual of the nature and amount of the indebtedness

determined by such agency to be due, the intention of the agency

to initiate proceedings to collect the debt through deductions

from pay, and an explanation of the rights of the individual

under this subsection;

(B) an opportunity to inspect and copy Government records

relating to the debt;

(C) an opportunity to enter into a written agreement with the

agency, under terms agreeable to the head of the agency or his

designee, to establish a schedule for the repayment of the debt;

and

(D) an opportunity for a hearing on the determination of the

agency concerning the existence or the amount of the debt, and in

the case of an individual whose repayment schedule is established

other than by a written agreement pursuant to subparagraph (C),

concerning the terms of the repayment schedule.

A hearing, described in subparagraph (D), shall be provided if the

individual, on or before the fifteenth day following receipt of the

notice described in subparagraph (A), and in accordance with such

procedures as the head of the agency may prescribe, files a

petition requesting such a hearing. The timely filing of a

petition for hearing shall stay the commencement of collection

proceedings. A hearing under subparagraph (D) may not be conducted

by an individual under the supervision or control of the head of

the agency, except that nothing in this sentence shall be construed

to prohibit the appointment of an administrative law judge. The

hearing official shall issue a final decision at the earliest

practicable date, but not later than sixty days after the filing of

the petition requesting the hearing.

(3) Paragraph (2) shall not apply to routine intra-agency

adjustments of pay that are attributable to clerical or

administrative errors or delays in processing pay documents that

have occurred within the four pay periods preceding the adjustment

and to any adjustment that amounts to $50 or less, if at the time

of such adjustment, or as soon thereafter as practical, the

individual is provided written notice of the nature and the amount

of the adjustment and a point of contact for contesting such

adjustment.

(4) The collection of any amount under this section shall be in

accordance with the standards promulgated pursuant to sections 3711

and 3716-3718 of title 31 or in accordance with any other statutory

authority for the collection of claims of the United States or any

agency thereof.

(5) For purposes of this subsection -

(A) ''disposable pay'' means that part of pay of any individual

remaining after the deduction from those earnings of any amounts

required by law to be withheld; and

(B) ''agency'' includes executive departments and agencies, the

United States Postal Service, the Postal Rate Commission, the

United States Senate, the United States House of Representatives,

and any court, court administrative office, or instrumentality in

the judicial or legislative branches of the Government, and

government corporations.

(b)(1) The head of each agency shall prescribe regulations,

subject to the approval of the President, to carry out this section

and section 3530(d) of title 31. Regulations prescribed by the

Secretaries of the military departments shall be uniform for the

military services insofar as practicable.

(2) For purposes of section 7117(a) of this title, no regulation

prescribed to carry out subsection (a)(2) of this section shall be

considered to be a Government-wide rule or regulation.

(c) Subsection (a) of this section does not modify existing

statutes which provide for forfeiture of pay or allowances. This

section and section 3530(d) of title 31 do not repeal, modify, or

amend section 4837(d) or 9837(d) of title 10 or section 1007(b),

(c) of title 37.

(d) A levy pursuant to the Internal Revenue Code of 1986 shall

take precedence over other deductions under this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 96-54, Sec.

2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 97-258, Sec.

3(a)(12), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97-365, Sec. 5,

Oct. 25, 1982, 96 Stat. 1751; Pub. L. 97-452, Sec. 2(a)(2), Jan.

12, 1983, 96 Stat. 2478; Pub. L. 98-216, Sec. 3(a)(4), Feb. 14,

1984, 98 Stat. 6; Pub. L. 104-134, title III, Sec. 31001(h), Apr.

26, 1996, 110 Stat. 1321-363.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 46d. July 15, 1954, ch.

509, Sec. 1, 2, 4,

68 Stat. 482, 483.

5 U.S.C. 46e.

-------------------------------

In subsection (a), the words ''head of the agency concerned'' are

substituted for ''Secretary of the department concerned or the head

of the agency or independent establishment concerned, or one of

their designees''. The words ''an employee, a member of the armed

forces, or a Reserve of the armed forces'' are coextensive with and

substituted for ''an employee of the United States or any member of

the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a

reserve component thereof'' in view of the definitions in sections

2101 and 2105. The words ''basic compensation'' are omitted as

included in ''basic pay''.

In subsection (b), the words ''head of each agency'' are

substituted for ''Each Secretary of a department, or head of an

agency or independent establishment, as appropriate''. The words

''Secretaries of the military departments'' are substituted for

''Secretaries of the Army, Navy, and Air Force'' to conform to the

definition of ''military department'' in section 102.

In subsection (c), the words ''section 4837(d) or 9837(d) of

title 10 or section 1007(b), (c) of title 37'' are substituted for

''the provisions of the Act of May 22, 1928 (ch. 676, 45 Stat.

698)'' in section 4 of the Act of July 15, 1954, on authority of

the Acts of Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640, and

Sept. 7, 1962, Pub. L. 87-649, Sec. 12(b), 76 Stat. 497.

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsecs. (a)(1)

and (d), is classified generally to Title 26, Internal Revenue

Code.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-134, Sec. 31001(h)(A)(i),

inserted at end ''All Federal agencies to which debts are owed and

which have outstanding delinquent debts shall participate in a

computer match at least annually of their delinquent debt records

with records of Federal employees to identify those employees who

are delinquent in repayment of those debts. The preceding sentence

shall not apply to any debt under the Internal Revenue Code of

1986. Matched Federal employee records shall include, but shall not

be limited to, records of active Civil Service employees

government-wide, military active duty personnel, military

reservists, United States Postal Service employees, employees of

other government corporations, and seasonal and temporary

employees. The Secretary of the Treasury shall establish and

maintain an interagency consortium to implement centralized salary

offset computer matching, and promulgate regulations for this

program. Agencies that perform centralized salary offset computer

matching services under this subsection are authorized to charge a

fee sufficient to cover the full cost for such services.''

Subsec. (a)(3), (4). Pub. L. 104-134, Sec. 31001(h)(A)(ii),

(iii), added par. (3) and redesignated former pars. (3) and (4) as

(4) and (5), respectively.

Subsec. (a)(5). Pub. L. 104-134, Sec. 31001(h)((A)(ii),

redesignated par. (4) as (5).

Subsec. (a)(5)(B). Pub. L. 104-134, Sec. 31001(h)(A)(iv), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: '' 'agency' includes the United States Postal Service and

the Postal Rate Commission.''

Subsec. (d). Pub. L. 104-134, Sec. 31001(h)(B), added subsec.

(d).

1984 - Subsec. (c). Pub. L. 98-216 substituted ''section

3530(d)'' for ''section 581d''.

1983 - Subsec. (a)(3). Pub. L. 97-452 substituted ''sections 3711

and 3716-3718 of title 31'' for ''the Federal Claims Collection Act

of 1966 (31 U.S.C. 951 et seq.)''.

1982 - Pub. L. 97-365, Sec. 5(c), substituted ''indebtedness to

the United States'' for ''indebtedness because of erroneous

payment'' in section catchline.

Subsec. (a). Pub. L. 97-365, Sec. 5(a), designated existing

provisions as par. (1), in par. (1) as so designated substituted

provisions relating to debts to which the United States is entitled

to be repaid for provisions which had related to an indebtedness to

the United States because of an erroneous payment made by an agency

to or on behalf of an individual, inserted provisions relating to

the notification of a debt by the head of another agency or his

designee, substituted provisions authorizing the deduction of not

to exceed 15 percent of disposable pay for provisions which had

authorized the deduction of not to exceed two-thirds of the pay

from which the deduction was made, and added pars. (2), (3), and

(4).

Subsec. (b). Pub. L. 97-365, Sec. 5(b), designated existing

provisions as par. (1) and added par. (2).

Pub. L. 97-258 substituted ''section 3530(d)'' for ''section

581d''.

1979 - Subsec. (b). Pub. L. 96-54 substituted ''President'' for

''Director of the Bureau of the Budget''.

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.

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97-365 provided: ''That this Act (enacting

sections 954 and 955 of former Title 31, Money and Finance,

amending this section and section 552a of this title, section 1114

of Title 18, Crimes and Criminal Procedure, sections 6103 and 7213

of Title 26, Internal Revenue Code, section 2415 of Title 28,

Judiciary and Judicial Procedure, and sections 484, 951, and 952 of

former Title 31, and enacting provisions set out as notes under

this section and section 6103 of Title 26) may be cited as the

'Debt Collection Act of 1982'.''

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (b) of this section to

approve regulations prescribed by head of each agency to carry out

this section and section 581d of Title 31, Money and Finance (31

U.S.C. 3530(d)), relating to installment deductions from pay for

indebtedness because of erroneous payment, delegated to Office of

Personnel Management, see section 8(1) of Ex. Ord. No. 11609, July

22, 1971, 36 F.R. 13747, set out as a note under section 301 of

Title 3, The President.

-MISC5-

IMPROVEMENTS IN DEBT COLLECTION PROCEDURES UNDER 1982 AMENDMENTS AS

CONTAINED IN DEBT COLLECTION ACT OF 1982 INAPPLICABLE TO CLAIMS OR

INDEBTEDNESS UNDER INTERNAL REVENUE CODE, SOCIAL SECURITY ACT, OR

TARIFF LAWS

Section 8(e) of Pub. L. 97-365, as amended by Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''Except as

otherwise provided in section 4 or 7 or the foregoing provisions of

this section (amending sections 6103 and 7213 of Title 26, Internal

Revenue Code, and enacting provisions set out as notes under

section 6103 of Title 26), nothing in this Act (or in the

amendments made by this Act) (see Short Title of 1982 Amendment

note above) shall apply to claims or indebtedness arising under, or

amounts payable under, the Internal Revenue Code of 1986 (Title

26), the Social Security Act (section 301 et seq. of Title 42, The

Public Health and Welfare), or the tariff laws of the United States

(Title 19, Customs Duties).''

COLLECTION OF INDEBTEDNESS OF EMPLOYEES OF FEDERAL GOVERNMENT

RESULTING FROM ACTION OR SUIT BROUGHT AGAINST EMPLOYEE BY UNITED

STATES

Pub. L. 97-276, Sec. 124, Oct. 2, 1982, 96 Stat. 1195, provided

that: ''Notwithstanding any other provision of this joint

resolution (Pub. L. 97-276), in the case of any employee of the

Federal Government who is indebted to the United States, as

determined by a court of the United States in an action or suit

brought against such employee by the United States, the amount of

the indebtedness may be collected in monthly installments, or at

officially established regular pay period intervals, by deduction

in reasonable amounts from the current pay account of the

individual. The deductions may be made only from basic pay,

special pay, incentive pay, or, in the case of an individual not

entitled to basic pay, other authorized pay. Collection shall be

made over a period not greater than the anticipated period of

employment. The amount deducted for any period may not exceed

one-fourth of the pay from which the deduction is made, unless the

deduction of a greater amount is necessary to make the collection

within the period of anticipated employment. If the individual

retires or resigns, or if his employment otherwise ends, before

collection of the amount of the indebtedness is completed,

deduction shall be made from later payments of any nature due to

the individual from the United States Treasury.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 60c-5; title 7

sections 2020, 2022; title 10 section 1055; title 16 section 470m;

title 22 section 3664; title 42 sections 292r, 297b, 404, 1383.

-CITE-

5 USC Sec. 5515 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5515. Crediting amounts received for jury or witness service

-STATUTE-

An amount received by an employee as defined by section 2105 of

this title (except an individual whose pay is disbursed by the

Secretary of the Senate or the Chief Administrative Officer of the

House of Representatives) or an individual employed by the

government of the District of Columbia for service as a juror or

witness during a period for which he is entitled to leave under

section 6322(a) of this title, or is performing official duty under

section 6322(b) of this title, shall be credited against pay

payable to him by the United States or the District of Columbia

with respect to that period.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 91-563, Sec.

2(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 104-186, title II, Sec.

215(5), Aug. 20, 1996, 110 Stat. 1745.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30p. June 29, 1940, ch.

446, Sec. 3, 54

Stat. 689.

-------------------------------

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

1996 - Pub. L. 104-186 substituted ''Chief Administrative

Officer'' for ''Clerk''.

1970 - Pub. L. 91-563 substituted ''jury or witness service'' for

''jury service in State courts'' in section catchline.

Pub. L. 91-563 authorized crediting of amounts received for jury

service in courts in the District of Columbia and in territories or

possessions of the United States, included amounts received for

service as a witness or when performing official duty under section

6322(b) of this title, and excepted individuals whose pay is

disbursed by the Secretary of the Senate or the Clerk of the House

of Representatives.

-CITE-

5 USC Sec. 5516 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5516. Withholding District of Columbia income taxes

-STATUTE-

(a) The Secretary of the Treasury, under regulations prescribed

by the President, shall enter into an agreement with the Mayor of

the District of Columbia within 120 days of a request for agreement

from the Mayor. The agreement shall provide that the head of each

agency of the United States shall comply with the requirements of

subchapter II of chapter 15 of title 47, District of Columbia Code,

in the case of employees of the agency who are subject to income

taxes imposed by that subchapter and whose regular place of

employment is within the District of Columbia. The agreement may

not apply to pay of an employee who is not a resident of the

District of Columbia as defined in subchapter II of chapter 15 of

title 47, District of Columbia Code. In the case of pay for service

as a member of the armed forces, the second sentence of this

subsection shall be applied by substituting ''who are residents of

the District of Columbia'' for ''whose regular place of employment

is within the District of Columbia''. For the purpose of this

subsection, ''employee'' has the meaning given it by section

1551c(z) of title 47, District of Columbia Code.

(b) This section does not give the consent of the United States

to the application of a statute which imposes more burdensome

requirements on the United States than on other employers, or which

subjects the United States or its employees to a penalty or

liability because of this section.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 90-623, Sec.

1(9), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 94-455, title XII, Sec.

1207(a)(2), Oct. 4, 1976, 90 Stat. 1705; Pub. L. 96-54, Sec.

2(a)(30), Aug. 14, 1979, 93 Stat. 383.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(Uncodified). Mar. 31, 1956, ch.

154, Sec. 11

''(k)'', 70 Stat.

77.

-------------------------------

Section 2(c) ''(z)'' of the Act of Mar. 31, 1956, 70 Stat. 68

(section 1551c(z) of title 47, District of Columbia Code) contains

a definition of ''employee'' that is applicable to this section.

Accordingly, the last sentence of subsection (a) is added to

preserve the application of the source law.

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

1979 - Subsec. (a). Pub. L. 96-54 substituted ''Mayor'' for

''Commissioner'' wherever appearing.

1976 - Pub. L. 94-455 struck out ''pay for service as a member of

the armed forces, or to'' after ''The agreement may not apply to''

and inserted provision that in the case of service as a member of

the armed forces, the second sentence shall be applied by

substituting ''who are residents of the District of Columbia'' for

''whose regular place of employment is within the District of

Columbia''.

1968 - Subsec. (a). Pub. L. 90-623 substituted ''Commissioner''

for ''Commissioners'' in two places.

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.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 1207(f)(1) of Pub. L. 94-455 provided that: ''The

amendments made by subsection (a) (amending this section and

section 5517 of this title) shall apply to wages withheld after the

120-day period following any request for an agreement after the

date of the enactment of this Act (Oct. 4, 1976).''

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5517 of this title.

-CITE-

5 USC Sec. 5517 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5517. Withholding State income taxes

-STATUTE-

(a) When a State statute -

(1) provides for the collection of a tax either by imposing on

employers generally the duty of withholding sums from the pay of

employees and making returns of the sums to the State, or by

granting to employers generally the authority to withhold sums

from the pay of employees if any employee voluntarily elects to

have such sums withheld; and

(2) imposes the duty or grants the authority to withhold

generally with respect to the pay of employees who are residents

of the State;

the Secretary of the Treasury, under regulations prescribed by the

President, shall enter into an agreement with the State within 120

days of a request for agreement from the proper State official.

The agreement shall provide that the head of each agency of the

United States shall comply with the requirements of the State

withholding statute in the case of employees of the agency who are

subject to the tax and whose regular place of Federal employment is

within the State with which the agreement is made. In the case of

pay for service as a member of the armed forces, the preceding

sentence shall be applied by substituting ''who are residents of

the State with which the agreement is made'' for ''whose regular

place of Federal employment is within the State with which the

agreement is made''.

(b) This section does not give the consent of the United States

to the application of a statute which imposes more burdensome

requirements on the United States than on other employers, or which

subjects the United States or its employees to a penalty or

liability because of this section. An agency of the United States

may not accept pay from a State for services performed in

withholding State income taxes from the pay of the employees of the

agency.

(c) For the purpose of this section, ''State'' means a State,

territory, possession, or commonwealth of the United States.

(d) For the purpose of this section and sections 5516 and 5520,

the terms ''serve as a member of the armed forces'' and ''service

as a member of the Armed Forces'' include -

(1) participation in exercises or the performance of duty under

section 502 of title 32, United States Code, by a member of the

National Guard; and

(2) participation in scheduled drills or training periods, or

service on active duty for training, under section 10147 of title

10, United States Code, by a member of the Ready Reserve.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 94-455, title

XII, Sec. 1207(a)(1), (b), (c), Oct. 4, 1976, 90 Stat. 1704, 1705;

Pub. L. 100-180, div. A, title V, Sec. 505(1), Dec. 4, 1987, 101

Stat. 1086; Pub. L. 103-337, div. A, title XVI, Sec. 1677(a)(1),

Oct. 5, 1994, 108 Stat. 3019; Pub. L. 105-34, title XIV, Sec.

1462(a), Aug. 5, 1997, 111 Stat. 1057.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 84b. July 17, 1952, ch.

940, Sec. 1, 66

Stat. 765.

Sept. 23, 1959, Pub.

L. 86-371 ''Sec.

1'', 73 Stat. 653.

5 U.S.C. 84c. July 17, 1952, ch.

940, Sec. 2, 66

Stat. 766.

Sept. 23, 1959, Pub.

L. 86-371 ''Sec.

2'', 73 Stat. 653.

-------------------------------

In subsection (b), the words ''after March 31, 1959'' are 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

1997 - Subsec. (c). Pub. L. 105-34 substituted '', territory,

possession, or commonwealth'' for ''or territory or possession''.

1994 - Subsec. (d)(2). Pub. L. 103-337 substituted ''section

10147'' for ''section 270(a)''.

1987 - Subsec. (d). Pub. L. 100-180 struck out ''do not'' before

''include''.

1976 - Subsec. (a). Pub. L. 94-455, Sec. 1207(a)(1), (c),

inserted in par. (1) provision relating to the grant to employers

of the authority to withhold sums from the pay of employees if any

employee voluntarily elects to have such sums withheld, inserted in

par. (2) ''or grants the authority'' after ''imposes the duty'',

and substituted in text following par. (2) provisions that in the

case of pay for service as a member of the armed forces, the

preceding sentence shall be applied by substituting ''who are

residents of the State with which the agreement is made'' for

''whose regular place of Federal employment is within the State

with which the agreement is made'' for provision that the agreement

may not apply to pay for service as a member of the armed forces.

Subsec. (d). Pub. L. 94-455, Sec. 1207(b), added subsec. (d).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1462(b) of Pub. L. 105-34 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

January 1, 1998.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 1207(a)(1) of Pub. L. 94-455 applicable to

wages withheld after the 120-day period following any request for

an agreement after Oct. 4, 1976, see section 1207(f)(1) of Pub. L.

94-455, set out as a note under section 5516 of this title.

Section 1207(f)(2) of Pub. L. 94-455 provided that: ''The

amendments made by subsections (b) and (c) (amending this section)

shall apply to wages withheld after the 120-day period following

the date of the enactment of this Act (Oct. 4, 1976).''

-EXEC-

EXECUTIVE ORDER NO. 10407

Ex. Ord. No. 10407, Nov. 7, 1952, 17 F.R. 10132, which related to

regulations governing agreements concerning withholding of state or

territorial income taxes, was revoked by Ex. Ord. No. 11968, Jan.

31, 1977, 42 F.R. 6787, formerly set out as a note under section

5520 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5520 of this title.

-CITE-

5 USC Sec. 5518 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5518. Deductions for State retirement systems; National Guard

employees

-STATUTE-

When -

(1) a State statute provides for the payment of employee

contributions to a State employee retirement system or to a State

sponsored plan providing retirement, disability, or death

benefits, by withholding sums from the pay of State employees and

making returns of the sums withheld to State authorities or to

the person or organization designated by State authorities to

receive sums withheld for the program; and

(2) individuals employed by the Army National Guard and the Air

National Guard, except employees of the National Guard Bureau,

are eligible for membership in a State employee retirement system

or other State sponsored plan;

the Secretary of Defense, under regulations prescribed by the

President, shall enter into an agreement with the State within 120

days of a request for agreement from the proper State official.

The agreement shall provide that the Department of Defense shall

comply with the requirements of State statute as to the individuals

named by paragraph (2) of this section who are eligible for

membership in the State employee retirement system. The disbursing

officials paying these individuals shall withhold and pay to the

State employee retirement system or to the person or organization

designated by State authorities to receive sums withheld for the

program the employee contributions for these individuals. For the

purpose of this section, ''State'' means a State or territory or

possession of the United States including the Commonwealth of

Puerto Rico.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 84d. June 15, 1956, ch.

390, 70 Stat. 283.

Sept. 13, 1961,

Pub. L. 87-224,

Sec. 1, 75 Stat.

496.

-------------------------------

The words ''individuals employed by'' and the word

''individuals'' are substituted for ''civilian employees of'' and

''employees'', respectively, in view of the definition of

''employee'' in section 2105 which is limited to those employed by

the Government of the United States. The word ''civilian'' is

omitted as unnecessary as military personnel are not ''employed''.

The words ''disbursing officials'' are substituted for ''disbursing

officers'' as the definition of ''officer'' in section 2104

excludes a member of a uniformed service.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-EXEC-

EX. ORD. NO. 10996. WITHHOLDING OF COMPENSATION FOR STATE AND

STATE-SPONSORED EMPLOYEE RETIREMENT, DISABILITY, OR DEATH BENEFITS

PROGRAMS

Ex. Ord. No. 10996, Feb. 16, 1962, 27 F.R. 1521, provided:

By virtue of the authority vested in me by the act of June 15,

1956, as amended, 75 Stat. 496 (5 U.S.C. 84d) (now this section),

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, the term:

(a) ''Employees'' means civilian employees of the Army National

Guard or Air National Guard of a State who are employed pursuant to

section 709 of title 32 of the United States Code, and paid from

Federal, appropriated funds.

(b) ''State'' means one of the United States, the Commonwealth of

Puerto Rico, and any territory of the United States.

Sec. 2. Each agreement between the Secretary of Defense and the

Governor or other proper official of a State, pursuant to the

provisions of the act of June 15, 1956, as amended, with respect to

withholding of compensation of certain civilian employees of the

Army National Guard and the Air National Guard for purposes of

State or State-sponsored employee retirement, disability, or death

benefits systems, shall be entered into by the Secretary of Defense

within one hundred and twenty days of the receipt of a request

therefor by the Secretary from the Governor or any other proper

official of any State; Provided, that -

(a) the law of such State provides for the payment of employee

contributions to such State or State-sponsored employee retirement,

disability, or death benefits systems by withholding sums from the

compensation of such State employees and making returns of such

sums to officials of such State or organization designated by such

officials to receive sums withheld for such programs;

(b) civilian employees of the Army National Guard and the Air

National Guard, other than those employed by the National Guard

Bureau, are eligible for membership in a State retirement,

disability, or death benefits system; and

(c) each such agreement is consistent with the provisions of the

said act of June 15, 1956, as amended, and of rules and regulations

issued thereunder, and contains a clause that it shall be subject

to any amendments of the said act, including amendments occurring

after the effective date of such agreement.

Sec. 3. Each such agreement shall:

(a) Provide that the Secretary of the Army with respect to

civilian employees of the Army National Guard, and the Secretary of

the Air Force with respect to civilian employees of the Air

National Guard, shall comply with the requirements of such State

law in the case of employee subject to the said act of June 15,

1956, as amended, who are eligible for membership in such

retirement, disability, or death benefits system for State

employees;

(b) Specify when the withholding of sums from the compensation of

such State employees shall commence; and

(c) Provide for procedures for the withholding, the filing of the

returns, and the payment of the sums withheld from compensation to

the officials of the State, or organization designated by such

officials to receive sums withheld for such programs, which

procedures shall conform, so far as practicable, to the usual

fiscal practices of the Department of the Army and the Department

of the Air Force, respectively.

Sec. 4. The Secretary of the Army with respect to civilian

employees of the Army National Guard, and the Secretary of the Air

Force with respect to civilian employees of the Air National Guard,

shall designate, or provide for the designation of, the officers or

employees whose duty it shall be to withhold sums from

compensation, file required returns, and direct the payment of sums

so withheld, in accordance with the terms of the agreements entered

into between the Secretary of Defense and the States.

Sec. 5. Nothing in this order, or in rules or regulations issued

thereunder, or in any agreement entered into pursuant thereto,

shall be construed as giving consent to the application of any

provision of law of any State which has the effect of imposing more

burdensome requirements upon the United States than it imposes upon

departments, agencies, or political subdivisions of the State

concerned, with respect to employees thereof who are members of the

State or State-sponsored retirement, disability, or death benefits

system, or which has the effect of subjecting the United States or

any of its officers or employees to any penalty or liability.

Sec. 6. I hereby delegate to the Secretary of Defense authority

to prescribe such rules and regulations, not inconsistent herewith,

as may be necessary to effectuate further the provisions of the

said act of June 15, 1956, as amended, or of this order.

Sec. 7. Except to the extent that they may be inconsistent with

this order, all determinations, authorizations, regulations,

rulings, certificates, orders, directives, contracts, agreements,

and other actions made, issued, or entered into with respect to any

function affected by this order and not revoked, superseded, or

otherwise made inapplicable before the date of this order, shall

continue in full force and effect until amended, modified, or

terminated by appropriate authority.

Sec. 8. This order supersedes Executive Order No. 10679 of

September 20, 1956. John F. Kennedy.

-CITE-

5 USC Sec. 5519 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5519. Crediting amounts received for certain Reserve or

National Guard service

-STATUTE-

An amount (other than a travel, transportation, or per diem

allowance) received by an employee or individual for military

service as a member of the Reserve or National Guard for a period

for which he is granted military leave under section 6323(b) or (c)

shall be credited against the pay payable to the employee or

individual with respect to his civilian position for that period.

-SOURCE-

(Added Pub. L. 90-588, Sec. 2(b), Oct. 17, 1968, 82 Stat. 1152;

amended Pub. L. 102-378, Sec. 2(39), Oct. 2, 1992, 106 Stat. 1351;

Pub. L. 104-106, div. A, title V, Sec. 516(b), Feb. 10, 1996, 110

Stat. 309.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted ''granted military leave'' for

''entitled to leave''.

1992 - Pub. L. 102-378 substituted ''6323(b) or (c)'' for

''6323(c) or (d) of this title''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6323 of this title.

-CITE-

5 USC Sec. 5520 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5520. Withholding of city or county income or employment taxes

-STATUTE-

(a) When a city or county ordinance -

(1) provides for the collection of a tax by imposing on

employers generally the duty of withholding sums from the pay of

employees and making returns of the sums to a designated city or

county officer, department, or instrumentality; and

(2) imposes the duty to withhold generally on the payment of

compensation earned within the jurisdiction of the city or county

in the case of employees whose regular place of employment is

within such jurisdiction;

the Secretary of the Treasury, under regulations prescribed by the

President, shall enter into an agreement with the city or county

within 120 days of a request for agreement by the proper city or

county official. The agreement shall provide that the head of each

agency of the United States shall comply with the requirements of

the city or county ordinance in the case of any employee of the

agency who is subject to the tax and (i) whose regular place of

Federal employment is within the jurisdiction of the city or county

with which the agreement is made or (ii) is a resident of such city

or county. The agreement may not apply to pay for service as a

member of the Armed Forces (other than service described in section

5517(d) of this title). The agreement may not permit withholding

of a city or county tax from the pay of an employee who is not a

resident of, or whose regular place of Federal employment is not

within, the State in which that city or county is located unless

the employee consents to the withholding.

(b) This section does not give the consent of the United States

to the application of an ordinance which imposes more burdensome

requirements on the United States than on other employers or which

subjects the United States or its employees to a penalty or

liability because of this section. An agency of the United States

may not accept pay from a city or county for services performed in

withholding city or county income or employment taxes from the pay

of employees of the agency.

(c) For the purpose of this section -

(1) ''city'' means any unit of general local government which -

(A) is classified as a municipality by the Bureau of the

Census, or

(B) is a town or township which, in the determination of the

Secretary of the Treasury -

(i) possesses powers and performs functions comparable to

those associated with municipalities,

(ii) is closely settled, and

(iii) contains within its boundaries no incorporated

places, as defined by the Bureau of the Census,

within the political boundaries of which 500 or more persons are

regularly employed by all agencies of the Federal Government;

(2) ''county'' means any unit of local general government which

is classified as a county by the Bureau of the Census and within

the political boundaries of which 500 or more persons are

regularly employed by all agencies of the Federal Government;

(3) ''ordinance'' means an ordinance, order, resolution, or

similar instrument which is duly adopted and approved by a city

or county in accordance with the constitution and statutes of the

State in which it is located and which has the force of law

within such city or county; and

(4) ''agency'' means -

(A) an Executive agency;

(B) the judicial branch; and

(C) the United States Postal Service.

-SOURCE-

(Added Pub. L. 93-340, Sec. 1(a), July 10, 1974, 88 Stat. 294;

amended Pub. L. 94-358, Sec. 1, July 12, 1976, 90 Stat. 910; Pub.

L. 95-30, title IV, Sec. 408(a), May 23, 1977, 91 Stat. 157; Pub.

L. 95-365, Sec. 1, Sept. 15, 1978, 92 Stat. 599; Pub. L. 100-180,

div. A, title V, Sec. 505(2), Dec. 4, 1987, 101 Stat. 1086.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-180 inserted ''(other than

service described in section 5517(d) of this title)'' after ''Armed

Forces'' in penultimate sentence.

1978 - Subsec. (a). Pub. L. 95-365 designated existing provisions

as cl. (i), inserted '', or whose regular place of Federal

employment is not within,'' after ''not a resident of'', and added

cl. (ii).

1977 - Pub. L. 95-30, Sec. 408(a)(1), inserted ''or county''

after ''city'' in section catchline.

Subsec. (a). Pub. L. 95-30, Sec. 408(a)(2), (3), substituted

''city or county'' for ''city'' in introductory provisions

preceding par. (1), in par. (2), and in provisions following par.

(2), and, in par. (1), substituted ''a designated city or county

officer, department, or instrumentality'' for ''the city''.

Subsec. (b). Pub. L. 95-30, Sec. 408(a)(2), substituted ''city or

county'' for ''city''.

Subsec. (c). Pub. L. 95-30, Sec. 408(a)(4), (5), added pars. (2)

and (3) and redesignated former par. (2) as (4).

1976 - Subsec. (c)(1). Pub. L. 94-358 substituted provision

defining a city, for purposes of this section, as any unit of

general local government which is classified a municipality by the

Bureau of the Census, or is a town or township which in the opinion

of the Secretary of the Treasury possesses powers and performs

functions comparable to those associated with municipalities, is

closely settled, and contains within its boundaries no incorporated

places, as defined by the Bureau of the Census, within the

political boundaries of which five hundred or more persons are

regularly employed by all agencies of the Federal Government, for

provision defining a city, for purposes of this section, as a city

which is duly incorporated under the laws of a State and within the

political boundaries of which five hundred or more persons are

regularly employed by all agencies of the Federal Government.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 2 of Pub. L. 95-365 provided that: ''The amendments made

by the first section of this Act (amending this section) shall take

effect on the 90th day after the date of the enactment of this Act

(Sept. 15, 1978).''

EFFECTIVE DATE OF 1977 AMENDMENT

Section 408(c) of Pub. L. 95-30 provided that: ''The amendments

made by this section (amending this section) shall take effect on

the date of enactment of this Act (May 23, 1977).''

EFFECTIVE DATE OF 1976 AMENDMENT

Section 2 of Pub. L. 94-358 provided that: ''The amendment made

by the first section of this Act (amending this section) shall take

effect on the date of the enactment of this Act (July 12, 1976).''

EFFECTIVE DATE

Section 3 of Pub. L. 93-340 provided that: ''This section shall

become effective on the date of enactment of this Act (July 10,

1974). The provisions of the first section and section 2 of this

Act (enacting this section and amending section 410 of Title 39,

Postal Service) shall become effective on the ninetieth day

following the date of enactment.''

-EXEC-

EXECUTIVE ORDER NO. 11833

Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which related to

the withholding of city income or employment taxes by Federal

agencies, was revoked by Ex. Ord. No. 11863, June 12, 1975, 40 F.R.

25413, formerly set out below.

EXECUTIVE ORDER NO. 11863

Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25431, which related

to the withholding of city income or employment taxes by Federal

agencies, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R.

6787, formerly set out below.

EXECUTIVE ORDER NO. 11968

Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, which related to

the withholding of District of Columbia, State and city income or

employment taxes, was revoked by Ex. Ord. No. 11997, June 22, 1977,

42 F.R. 31759, set out below.

EX. ORD. NO. 11997. WITHHOLDING OF DISTRICT OF COLUMBIA, STATE,

CITY AND COUNTY INCOME OR EMPLOYMENT TAXES

Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, provided:

By virtue of the authority vested in me by Sections 5516, 5517

and 5520 of Title 5 of the United States Code, and Section 301 of

Title 3 of the United States Code, and as President of the United

States of America, in order to authorize the Secretary of the

Treasury to provide for the withholding of county income or

employment taxes as authorized by Section 5520 of Title 5 of the

United States Code as amended by Section 408 of Public Law 95-30,

as well as to provide for the withholding of District of Columbia,

State and city income or employment taxes, it is hereby ordered as

follows:

Section 1. Whenever the Secretary of the Treasury enters into an

agreement pursuant to Sections 5516, 5517 or 5520 of Title 5 of the

United States Code, with the District of Columbia, a State, a city

or a county, as the case may be, with regard to the withholding, by

an agency of the United States, hereinafter referred to as an

agency, of income or employment taxes from the pay of Federal

employees or members of the Armed Forces, the Secretary of the

Treasury shall ensure that each agreement is consistent with those

sections and regulations, including this Order, issued thereunder.

Sec. 2. Each agreement shall provide (a) when tax withholding

shall begin, (b) that the head of an agency may rely on the

withholding certificate of an employee or a member of the Armed

Forces in withholding taxes, (c) that the method for calculating

the amount to be withheld for District of Columbia, State, city or

county income or employment taxes shall produce approximately the

tax required to be withheld by the District of Columbia or State

law; or city or county ordinance, whichever is applicable, and (d)

that procedures for the withholding, filing of returns, and payment

of the withheld taxes to the District of Columbia, a State, a city

or a county shall conform to the usual fiscal practices of

agencies. Any agreement affecting members of the Armed Forces

shall also provide that the head of an agency may rely on the

certificate of legal residence of a member of the Armed Forces in

determining his or her residence for tax withholding purposes. No

agreement shall require the collection by an agency of delinquent

tax liabilities of an employee or a member of the Armed Forces.

Sec. 3. The head of each agency shall designate, or provide for

the designation of, the officers or employees whose duty it shall

be to withhold taxes, file required returns, and direct payment of

the taxes withheld, in accordance with this Order, any regulations

prescribed by the Secretary of the Treasury, and the new applicable

agreement.

Sec. 4. The Secretary of the Treasury is authorized to prescribe

additional regulations to implement Sections 5516, 5517 and 5520 of

Title 5 of the United States Code, and this Order.

Sec. 5. Executive Order No. 11968 of January 31, 1977, is hereby

revoked. However, all actions heretofore taken by the President or

his delegates in respect of the matters affected by this Order and

in force at the time of the issuance of this Order, including any

regulations prescribed or approved by the President or his

delegates in respect of such matters and any existing agreements

approved by his delegates, shall, except as they may be

inconsistent with the provisions of this Order, remain in effect

until amended, modified, or revoked pursuant to the authority

conferred by this Order, unless sooner terminated by operation of

law. Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5517 of this title; title

39 section 410.

-CITE-

5 USC Sec. 5520a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER II - WITHHOLDING PAY

-HEAD-

Sec. 5520a. Garnishment of pay

-STATUTE-

(a) For purposes of this section -

(1) ''agency'' means each agency of the Federal Government,

including -

(A) an executive agency, except for the General Accounting

Office;

(B) the United States Postal Service and the Postal Rate

Commission;

(C) any agency of the judicial branch of the Government; and

(D) any agency of the legislative branch of the Government,

including the General Accounting Office, each office of a

Member of Congress, a committee of the Congress, or other

office of the Congress;

(2) ''employee'' means an employee of an agency (including a

Member of Congress as defined under section 2106);

(3) ''legal process'' means any writ, order, summons, or other

similar process in the nature of garnishment, that -

(A) is issued by a court of competent jurisdiction within any

State, territory, or possession of the United States, or an

authorized official pursuant to an order of such a court or

pursuant to State or local law; and

(B) orders the employing agency of such employee to withhold

an amount from the pay of such employee, and make a payment of

such withholding to another person, for a specifically

described satisfaction of a legal debt of the employee, or

recovery of attorney's fees, interest, or court costs; and

(4) ''pay'' means -

(A) basic pay, premium pay paid under subchapter V, any

payment received under subchapter VI, VII, or VIII, severance

and back pay paid under subchapter IX, sick pay, incentive pay,

and any other compensation paid or payable for personal

services, whether such compensation is denominated as wages,

salary, commission, bonus pay or otherwise; and

(B) does not include awards for making suggestions.

(b) Subject to the provisions of this section and the provisions

of section 303 of the Consumer Credit Protection Act (15 U.S.C.

1673) pay from an agency to an employee is subject to legal process

in the same manner and to the same extent as if the agency were a

private person.

(c)(1) Service of legal process to which an agency is subject

under this section may be accomplished by certified or registered

mail, return receipt requested, or by personal service, upon -

(A) the appropriate agent designated for receipt of such

service of process pursuant to the regulations issued under this

section; or

(B) the head of such agency, if no agent has been so

designated.

(2) Such legal process shall be accompanied by sufficient

information to permit prompt identification of the employee and the

payments involved.

(d) Whenever any person, who is designated by law or regulation

to accept service of process to which an agency is subject under

this section, is effectively served with any such process or with

interrogatories, such person shall respond thereto within thirty

days (or within such longer period as may be prescribed by

applicable State law) after the date effective service thereof is

made, and shall, as soon as possible but not later than fifteen

days after the date effective service is made, send written notice

that such process has been so served (together with a copy thereof)

to the affected employee at his or her duty station or last-known

home address.

(e) No employee whose duties include responding to

interrogatories pursuant to requirements imposed by this section

shall be subject to any disciplinary action or civil or criminal

liability or penalty for, or on account of, any disclosure of

information made by such employee in connection with the carrying

out of any of such employee's duties which pertain directly or

indirectly to the answering of any such interrogatory.

(f) Agencies affected by legal process under this section shall

not be required to vary their normal pay and disbursement cycles in

order to comply with any such legal process.

(g) Neither the United States, an agency, nor any disbursing

officer shall be liable with respect to any payment made from

payments due or payable to an employee pursuant to legal process

regular on its face, provided such payment is made in accordance

with this section and the regulations issued to carry out this

section. In determining the amount of any payment due from, or

payable by, an agency to an employee, there shall be excluded those

amounts which would be excluded under section 462(g) of the Social

Security Act (42 U.S.C. 662(g)).

(h)(1) Subject to the provisions of paragraph (2), if an agency

is served under this section with more than one legal process with

respect to the same payments due or payable to an employee, then

such payments shall be available, subject to section 303 of the

Consumer Credit Protection Act (15 U.S.C. 1673), to satisfy such

processes in priority based on the time of service, with any such

process being satisfied out of such amounts as remain after

satisfaction of all such processes which have been previously

served.

(2) A legal process to which an agency is subject under section

459 of the Social Security Act (42 U.S.C. 659) for the enforcement

of the employee's legal obligation to provide child support or make

alimony payments, shall have priority over any legal process to

which an agency is subject under this section.

(i) The provisions of this section shall not modify or supersede

the provisions of section 459 of the Social Security Act (42 U.S.C.

659) concerning legal process brought for the enforcement of an

individual's legal obligations to provide child support or make

alimony payments.

(j)(1) Regulations implementing the provisions of this section

shall be promulgated -

(A) by the President or his designee for each executive agency,

except with regard to employees of the United States Postal

Service, the President or, at his discretion, the Postmaster

General shall promulgate such regulations;

(B) jointly by the President pro tempore of the Senate and the

Speaker of the House of Representatives, or their designee, for

the legislative branch of the Government; and

(C) by the Chief Justice of the United States or his designee

for the judicial branch of the Government.

(2) Such regulations shall provide that an agency's

administrative costs in executing a garnishment action may be added

to the garnishment, and that the agency may retain costs recovered

as offsetting collections.

(k)(1) No later than 180 days after the date of the enactment of

this Act, the Secretaries of the Executive departments concerned

shall promulgate regulations to carry out the purposes of this

section with regard to members of the uniformed services.

(2) Such regulations shall include provisions for -

(A) the involuntary allotment of the pay of a member of the

uniformed services for indebtedness owed a third party as

determined by the final judgment of a court of competent

jurisdiction, and as further determined by competent military or

executive authority, as appropriate, to be in compliance with the

procedural requirements of the Soldiers' and Sailors' Civil

Relief Act of 1940 (50 App. U.S.C. 501 et seq.); and

(B) consideration for the absence of a member of the uniformed

service from an appearance in a judicial proceeding resulting

from the exigencies of military duty.

(3) The Secretaries of the Executive departments concerned shall

promulgate regulations under this subsection that are, as far as

practicable, uniform for all of the uniformed services. The

Secretary of Defense shall consult with the Secretary of

Transportation with regard to the promulgation of such regulations

that might affect members of the Coast Guard when the Coast Guard

is operating as a service in the Navy.

-SOURCE-

(Added Pub. L. 103-94, Sec. 9(a), Oct. 6, 1993, 107 Stat. 1007;

amended Pub. L. 104-106, div. A, title VI, Sec. 643, Feb. 10,

1996, 110 Stat. 368; Pub. L. 104-193, title III, Sec. 362(b)(2),

Aug. 22, 1996, 110 Stat. 2246; Pub. L. 105-85, div. A, title XI,

Sec. 1105, Nov. 18, 1997, 111 Stat. 1923.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this Act, referred to in subsec.

(k)(1), probably means the date of enactment of Pub. L. 103-94,

which enacted this section and was approved Oct. 6, 1993.

The Soldiers' and Sailors' Relief Act of 1940, referred to in

subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as

amended, which is classified to section 501 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see section 501 of Title 50, Appendix, and

Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (j)(2). Pub. L. 105-85, Sec. 1105(1), added par.

(2) and struck out former par. (2) which read as follows: ''Such

regulations shall provide that an agency's administrative costs

incurred in executing legal process to which the agency is subject

under this section shall be deducted from the amount withheld from

the pay of the employee concerned pursuant to the legal process.''

Subsec. (k)(3), (4). Pub. L. 105-85, Sec. 1105(2), redesignated

par. (4) as (3) and struck out former par. (3) which read as

follows: ''Regulations under this subsection may also provide that

the administrative costs incurred in establishing and maintaining

an involuntary allotment be deducted from the amount withheld from

the pay of the member of the uniformed services concerned pursuant

to such regulations.''

Subsec. (l). Pub. L. 105-85, Sec. 1105(3), struck out subsec. (l)

which read as follows: ''The amount of an agency's administrative

costs deducted under regulations prescribed pursuant to subsection

(j)(2) or (k)(3) shall be credited to the appropriation, fund, or

account from which such administrative costs were paid.''

1996 - Subsecs. (h)(2), (i). Pub. L. 104-193 substituted

''section 459 of the Social Security Act (42 U.S.C. 659)'' for

''sections 459, 461, and 462 of the Social Security Act (42 U.S.C.

659, 661, and 662)''.

Subsec. (j)(2). Pub. L. 104-106, Sec. 643(a), added par. (2) and

struck out former par. (2) which read as follows: ''Such

regulations shall provide that an agency's administrative costs in

executing a garnishment action may be added to the garnishment, and

that the agency may retain costs recovered as offsetting

collections.''

Subsec. (k)(3), (4). Pub. L. 104-106, Sec. 643(b), added par. (3)

and redesignated former par. (3) as (4).

Subsec. (l). Pub. L. 104-106, Sec. 643(c), added subsec. (l).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective six months after Aug. 22,

1996, see section 362(d) of Pub. L. 104-193, set out as a note

under section 659 of Title 42, The Public Health and Welfare.

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE; SAVINGS PROVISION

Section effective 120 days after Oct. 6, 1993, and not to affect

any proceedings with respect to which charges were filed on or

before 120 days after Oct. 6, 1993, with orders to be issued in

such proceedings and appeals taken therefrom as if Pub. L. 103-94

had not been enacted, see section 12 of Pub. L. 103-94, set out as

a note under section 7321 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL PROCESS FOR

GARNISHMENT OF FEDERAL PAY FOR CHILD SUPPORT AND ALIMONY

Pub. L. 105-261, div. A, title X, Sec. 1061, Oct. 17, 1998, 112

Stat. 2128, authorized the Secretary of Defense to conduct a pilot

program on alternative notice procedures for withholding or

garnishment of pay for the payment of child support and alimony

under section 659 of Title 42, The Public Health and Welfare,

required the Secretary to submit to Congress, not later than Jan.

1, 2001, a report describing the experience of the Department of

Defense under the authority provided for the program, and provided

for termination of pilot program on Sept. 30, 2001.

-EXEC-

EX. ORD. NO. 12897. GARNISHMENT OF FEDERAL EMPLOYEES' PAY

Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

5520a(j)(1)(A) of title 5, United States Code, as added by section

9 of Public Law 103-94, it is hereby ordered as follows:

Section 1. The Office of Personnel Management, in consultation

with the Attorney General, is designated to promulgate regulations

for the implementation of section 5520a of title 5, United States

Code, with respect to civilian employees and agencies in the

executive branch, except as provided in section 2 of this order.

Sec. 2. The Postmaster General is designated to promulgate

regulations for the implementation of section 5520a of title 5,

United States Code, with respect to employees of the United States

Postal Service. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 3612a, 3664;

title 39 section 410.

-CITE-

5 USC SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND

ASSIGNMENT OF PAY 01/06/03

-EXPCITE-

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

.

-HEAD-

SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5307, 5527 of this

title; title 15 section 78d.

-CITE-

5 USC Sec. 5521 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5521. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) the judicial branch;

(C) the Library of Congress;

(D) the Government Printing Office; and

(E) the government of the District of Columbia;

(2) ''employee'' means an individual employed in or under an

agency;

(3) ''head of each agency'' means -

(A) the Director of the Administrative Office of the United

States Courts with respect to the judicial branch; and

(B) the Mayor of the District of Columbia with respect to the

government of the District of Columbia; and

(4) ''United States'', when used in a geographical sense, means

the several States and the District of Columbia.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479; Pub. L. 90-623, Sec.

1(10), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 96-54, Sec. 2(a)(31),

Aug. 14, 1979, 93 Stat. 383.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3071. Sept. 26, 1961, Pub.

L. 87-304, Sec. 1,

75 Stat. 662. June

24, 1965, Pub. L.

89-47, 79 Stat.

171.

-------------------------------

In paragraph (1), the word ''agency'' is substituted for

''department''. The term ''Executive agency'' is substituted for

the reference to ''each executive department of the Government of

the United States of America; each agency or independent

establishment in the executive branch of such Government; each

corporation wholly owned or controlled by such Government'' in

former section 3071(1)(A)-(C).

Paragraph (2) is added for clarity and in view of the fact that

the definition of ''employee'' in section 2105 does not include

individuals employed by the government of the District of Columbia.

In paragraph (3), the term ''department head'' is omitted as

unnecessary.

In paragraph (4), the words ''of the United States of America''

are omitted as unnecessary.

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

1979 - Par. (3)(B). Pub. L. 96-54 substituted ''Mayor'' for

''Commissioner''.

1968 - Par. (3)(B). Pub. L. 90-623 substituted ''Commissioner''

for ''Board of Commissioners''.

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.

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.

-CITE-

5 USC Sec. 5522 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5522. Advance payments; rates; amounts recoverable

-STATUTE-

(a) The head of each agency may provide for the advance payment

of the pay, allowances, and differentials, or any of them, covering

a period of not more than 30 days, to or for the account of each

employee of the agency (or, under emergency circumstances and on a

reimbursable basis, an employee of another agency) whose departure

(or that of his dependents or immediate family, as the case may be)

from a place inside or outside the United States is officially

authorized or ordered -

(1) from a place outside the United States from which the

Secretary of State determines it is in the national interest to

require the departure of some or all employees, their dependents,

or both; or

(2) from any place where there is imminent danger to the life

of the employee or the lives of the dependents or immediate

family of the employee.

(b) Subject to adjustment of the account of an employee under

section 5524 of this title and other applicable statute, the

advance payment of pay, allowances, and differentials is at rates

currently authorized with respect to the employee on the date the

advance payment is made under agency procedures governing advance

payments under this subsection. The rates so authorized may not

exceed the rates to which the employee was entitled immediately

before issuance of the departure order.

(c) An advance of funds under subsection (a) of this section is

recoverable by the Government of the United States or the

government of the District of Columbia, as the case may be, from

the employee or his estate by -

(1) setoff against accrued pay, amount of retirement credit, or

other amount due to the employee from the Government of the

United States or the government of the District of Columbia; and

(2) such other method as is provided by law.

The head of the agency concerned may waive in whole or in part a

right of recovery of an advance of funds under subsection (a) of

this section, if it is shown that the recovery would be against

equity and good conscience or against the public interest.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96-465, title

II Sec. 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3072. Sept. 26, 1961, Pub.

L. 87-304, Sec. 2,

75 Stat. 662.

-------------------------------

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

1980 - Subsec. (a). Pub. L. 96-465, Sec. 2303(a), substituted

''departure'' for ''evacuation'', substituted ''is officially

authorized or ordered'' for ''is ordered for military or other

reasons which create imminent danger to the life or lives of the

employee or of his dependents or immediate family'', and added

pars. (1) and (2).

Subsec. (b). Pub. L. 96-465, Sec. 2303(b), substituted

''departure'' for ''evacuation'' after ''issuance of the''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5523, 5524 of this title;

title 31 section 3721.

-CITE-

5 USC Sec. 5523 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5523. Duration of payments; rates; active service period

-STATUTE-

(a) The head of each agency may provide for -

(1) the payment of monetary amounts covering a period of not

more than 60 days to or for the account of each employee of the

agency (or, under emergency circumstances and on a reimbursable

basis, an employee of another agency) whose departure (or that of

the employee's dependents or immediate family, as the case may

be) is authorized or ordered under section 5522(a); and

(2) the termination of payment of the monetary amounts.

The President, with respect to the Executive agencies, may extend

the 60-day period for not more than 120 additional days if he

determines that the extension of the period is in the interest of

the United States.

(b) Subject to adjustment of the account of an employee under

section 5524 of this title and other applicable statute, each

payment under this section is at rates of pay, allowances, and

differentials, or any of them, currently authorized with respect to

the employee on the date payment is made under agency procedures

governing payments under this section. The rates so authorized may

not exceed the rates to which the employee was entitled immediately

before issuance of the departure order. An employee in an

Executive agency may be granted such additional allowance payments

as the President determines necessary to offset the direct added

expenses incident to the departure.

(c) Each period for which payment of amounts is made under this

section to or for the account of an employee is deemed, for all

purposes with respect to the employee, a period of active service,

without break in service, performed by the employee in the

employment of the Government of the United States or the government

of the District of Columbia.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96-465, title

II, Sec. 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L.

102-138, title I, Sec. 147(a), Oct. 28, 1991, 105 Stat. 669.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3073. Sept. 26, 1961, Pub.

L. 87-304, Sec. 3,

75 Stat. 663.

-------------------------------

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

1991 - Subsec. (a)(1). Pub. L. 102-138 substituted ''agency)

whose departure (or that of the employee's dependents or immediate

family, as the case may be) is authorized or ordered under section

5522(a); and'' for ''agency) -

''(A) whose departure is authorized or ordered under section

5522(a) of this title; and

''(B) who is prevented, by circumstances beyond his control and

beyond the control of the Government of the United States or the

government of the District of Columbia, or both, as the case may

be, from performing the duties of the position which he held

immediately before issuance of the departure order; and''.

1980 - Subsec. (a)(1). Pub. L. 96-465, Sec. 2303(c), in subpar.

(A) substituted ''whose departure is authorized or ordered under

section 5522(a) of this title; and'' for ''whose evacuation from a

place inside or outside the United States is ordered for military

or other reasons which create imminent danger to the life of the

employee; and'', and in subpar. (B) substituted ''departure'' for

''evacuation'' after ''issuance of the''.

Subsec. (b). Pub. L. 96-465, Sec. 2303(d), substituted

''departure'' for ''evacuation'' in two places.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5524 of this title.

-CITE-

5 USC Sec. 5524 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5524. Review of accounts

-STATUTE-

The head of each agency shall provide for -

(1) the review of the account of each employee of the agency in

receipt of payments under section 5522 or 5523 of this title, or

both, as the case may be; and

(2) the adjustment of the amounts of the payments on the basis

of -

(A) the rates of pay, allowances, and differentials to which

the employee would have been entitled under applicable statute

other than this subchapter for the respective periods covered

by the payments, if he had performed active service under the

terms of his appointment during each period in the position he

held immediately before the issuance of the applicable

evacuation order; and

(B) such additional amounts as the employee is authorized to

receive in accordance with a determination of the President

under section 5523(b) of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3074. Sept. 26, 1961, Pub.

L. 87-304, Sec. 4,

75 Stat. 663.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5522, 5523 of this title.

-CITE-

5 USC Sec. 5524a 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5524a. Advance payments for new appointees

-STATUTE-

(a) The head of each agency may provide for the advance payment

of basic pay, covering not more than 2 pay periods, to any

individual who is newly appointed to a position in the agency.

(b)(1) Subject to adjustment of the account of an employee under

paragraph (2) and other applicable statutes, the advance payment of

basic pay shall be made, under agency procedures governing advance

payments under this section, at the initial rate of basic pay to be

payable to the employee upon the commencement of service in the

position to which appointed.

(2) The head of each agency shall provide for -

(A) the review of the account of each employee of the agency in

receipt of any payment under this section; and

(B) the adjustment of the amount of any such payment on the

basis of the rate of basic pay to which the employee would have

been entitled under applicable statute other than this section

for the respective periods covered by the payments, if the

employee had performed active service under the terms of such

employee's appointment during each period in the position to

which appointed.

(c) An advance payment under this section is recoverable by the

Government of the United States or the government of the District

of Columbia, as the case may be, from the employee or such

employee's estate by -

(1) setoff against accrued pay, amount of retirement credit, or

other amount due to the employee from the Government of the

United States or the government of the District of Columbia; and

(2) such other method as is provided by law.

The head of the agency concerned may waive in whole or in part a

right of recovery of an advance payment under this section if it is

shown that the recovery would be against equity and good conscience

or against the public interest.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 107(a)),

Nov. 5, 1990, 104 Stat. 1427, 1449.)

-MISC1-

EFFECTIVE DATE

Section 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 an Effective Date of 1990 Amendment note under

section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8906 of this title; title

38 section 7410.

-CITE-

5 USC Sec. 5525 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5525. Allotment and assignment of pay

-STATUTE-

The head of each agency may establish procedures under which each

employee of the agency is permitted to make allotments and

assignments of amounts out of his pay for such purpose as the head

of the agency considers appropriate. For purposes of this section,

the term ''agency'' includes the Office of the Architect of the

Capitol.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 107-68, title

I, Sec. 133(b)(1), Nov. 12, 2001, 115 Stat. 582.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3075. Sept. 26, 1961, Pub.

L. 87-304, Sec. 5,

75 Stat. 663.

-------------------------------

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

2001 - Pub. L. 107-68 inserted at end ''For purposes of this

section, the term 'agency' includes the Office of the Architect of

the Capitol.''

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-68, title I, Sec. 133(b)(2), Nov. 12, 2001, 115 Stat.

582, provided that: ''The amendment made by paragraph (1) (amending

this section) shall apply with respect to pay periods beginning on

or after the date of the enactment of this Act (Nov. 12, 2001).''

-CITE-

5 USC Sec. 5526 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5526. Funds available on reimbursable basis

-STATUTE-

Funds available to an agency for payment of pay, allowances, and

differentials to or for the accounts of employees of the agency are

available on a reimbursable basis for payment of pay, allowances,

and differentials to or for the accounts of employees of another

agency under this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3078. Sept. 26, 1961, Pub.

L. 87-304, Sec. 8,

75 Stat. 664.

-------------------------------

The word ''civilian'' is omitted as unnecessary in view of the

definition of ''employee'' in section 5521(2), and the fact that

military personnel are not ''employed''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 5527 01/06/03

-EXPCITE-

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

-HEAD-

Sec. 5527. Regulations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 90-623, Sec.

1(11), Oct. 22, 1968, 82 Stat. 1312.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

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.

-TRANS-

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.

-EXEC-

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.

-CITE-

5 USC SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

.

-HEAD-

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-CITE-

5 USC Sec. 5531 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5531. Definitions

-STATUTE-

For the purpose of section 5533 of this title -

(1) ''member'' has the meaning given such term by section

101(23) of title 37;

(2) ''position'' means a civilian office or position (including

a temporary, part-time, or intermittent position), appointive or

elective, in the legislative, executive, or judicial branch of

the Government of the United States (including a Government

corporation and a nonappropriated fund instrumentality under the

jurisdiction of the armed forces) or in the government of the

District of Columbia;

(3) ''retired or retainer pay'' means retired pay, as defined

in section 8311(3) of this title, determined without regard to

subparagraphs (B) through (D) of such section 8311(3); except

that such term does not include an annuity payable to an eligible

beneficiary of a member or former member of a uniformed service

under chapter 73 of title 10;

(4) ''agency in the legislative branch'' means the General

Accounting Office, the Government Printing Office, the Library of

Congress, the Office of Technology Assessment, the Office of the

Architect of the Capitol, the United States Botanic Garden, and

the Congressional Budget Office;

(5) ''employee of the House of Representatives'' means a

congressional employee whose pay is disbursed by the Chief

Administrative Officer of the House of Representatives;

(6) ''employee of the Senate'' means a congressional employee

whose pay is disbursed by the Secretary of the Senate; and

(7) ''congressional employee'' has the meaning given that term

by section 2107 of this title, excluding an employee of an agency

in the legislative branch.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95-454, title

III, Sec. 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102-190,

div. A, title VI, Sec. 655(a)(2), Dec. 5, 1991, 105 Stat. 1391;

Pub. L. 104-186, title II, Sec. 215(6), Aug. 20, 1996, 110 Stat.

1745; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1087(f)(2)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-293.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3101 (as Aug. 19, 1964, Pub.

applicable to 5 L. 88-448, Sec. 101

U.S.C. 3102(a)-(e) (as applicable to

and 3105 (less Sec. 201(a)-(e) and

(e))). 301 (less (e))), 78

Stat. 484.

-------------------------------

In paragraph (2), the defined word ''position'' is substituted

for ''civilian office.'' The words ''Government corporation'' are

substituted for ''corporation owned or controlled by such

Government'' in view of the definition in section 103.

The definitions of ''uniformed services'' and ''armed forces''

are omitted as unnecessary in view of the definitions in section

2101.

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

2000 - Pub. L. 106-398 substituted ''section'' for ''sections

5532 and'' in introductory provisions.

1996 - Par. (5). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk''.

1991 - Pars. (4) to (7). Pub. L. 102-190 added pars. (4) to (7).

1978 - Pub. L. 95-454 substituted '' 'member' '' for '' 'officer'

'' in par. (1) and added par. (3).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

DUAL PAY REQUIREMENTS FOR PAY PERIODS SUBSEQUENT TO ENACTMENT OF

CIVIL SERVICE ACT OF 1978

Pub. L. 95-454, title III, Sec. 308(g), Oct. 13, 1978, 92 Stat.

1151, provided that:

''(1) Except as provided in paragraph (2) of this subsection, the

amendments made by this section (amending this section and section

5532 of this title) shall apply only with respect to pay periods

beginning after the effective date of this Act (see Effective Date

note set out under section 1101 of this title) and only with

respect to members of the uniformed services who first receive

retired or retainer pay (as defined in section 5531(3) of title 5,

United States Code (as amended by this section)), after the

effective date of this Act.

''(2) Such amendments shall not apply to any individual employed

in a position on the date of the enactment of this Act (Oct. 13,

1978) so long as the individual continues to hold any such position

(disregarding any break in service of 3 days or less) if the

individual, on that date, would have been entitled to retired or

retainer pay but for the fact the individual does not satisfy any

applicable age requirement.

''(3) The provisions of section 5532 of title 5, United States

Code, as in effect immediately before the effective date of this

Act, shall apply with respect to any retired officer of a regular

component of the uniformed services who is receiving retired pay on

or before such date, or any individual to whom paragraph (2)

applies, in the same manner and to the same extent as if the

preceding subsections of this section had not been enacted.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8344, 8468 of this title;

title 22 section 3664; title 24 section 421.

-CITE-

5 USC Sec. 5532 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

(Sec. 5532. Repealed. Pub. L. 106-65, div. A, title VI, Sec.

651(a)(1), Oct. 5, 1999, 113 Stat. 664)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; Pub. L.

95-454, title III, Sec. 308(a), (c)-(f)(1), Oct. 13, 1978, 92 Stat.

1149-1151; Pub. L. 97-276, Sec. 151(b), Oct. 2, 1982, 96 Stat.

1200; Pub. L. 98-396, title III, Sec. 306, Aug. 22, 1984, 98 Stat.

1424; Pub. L. 98-525, title XV, Sec. 1537(b), Oct. 19, 1984, 98

Stat. 2635; Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99

Stat. 351; Pub. L. 99-500, Sec. 101(l), Oct. 18, 1986, 100 Stat.

1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986, 100 Stat.

3341-308; Pub. L. 100-202, Sec. 101(l) (title I, Sec. 101), 106,

Dec. 22, 1987, 101 Stat. 1329-358, 1329-362, 1329-433; Pub. L.

100-457, title I, Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 108(a)), Nov. 5, 1990, 104 Stat.

1427, 1449; Pub. L. 101-510, div. A, title XII, Sec. 1206(j)(1),

Nov. 5, 1990, 104 Stat. 1663; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6,

1991, 105 Stat. 406; Pub. L. 102-190, div. A, title VI, Sec.

655(a)(1), Dec. 5, 1991, 105 Stat. 1390; Pub. L. 102-378, Sec.

8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105-55, title I, Sec.

107, Oct. 7, 1997, 111 Stat. 1184, related to employment of retired

members of uniformed services and reduction in retired or retainer

pay.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1999, see section 651(c) of Pub. L.

106-65, set out as an Effective Date of 1999 Amendment note under

section 1466 of Title 10, Armed Forces.

-CITE-

5 USC Sec. 5533 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5533. Dual pay from more than one position; limitations;

exceptions

-STATUTE-

(a) Except as provided by subsections (b), (c), and (d) of this

section, an individual is not entitled to receive basic pay from

more than one position for more than an aggregate of 40 hours of

work in one calendar week (Sunday through Saturday).

(b) Except as otherwise provided by subsection (c) of this

section, the Office of Personnel Management, subject to the

supervision and control of the President, may prescribe regulations

under which exceptions may be made to the restrictions in

subsection (a) of this section when appropriate authority

determines that the exceptions are warranted because personal

services otherwise cannot be readily obtained.

(c)(1) Unless otherwise authorized by law and except as otherwise

provided by paragraph (2) or (4) of this subsection, appropriated

funds are not available for payment to an individual of pay from

more than one position if the pay of one of the positions is paid

by the Secretary of the Senate or the Chief Administrative Officer

of the House of Representatives, or one of the positions is under

the Office of the Architect of the Capitol, and if the aggregate

gross pay from the positions exceeds $7,724 a year ($10,540, in the

case of pay disbursed by the Secretary of the Senate).

(2) Notwithstanding paragraph (1) of this subsection,

appropriated funds are not available for payment to an individual

of pay from more than one position, for each of which the pay is

disbursed by the Chief Administrative Officer of the House of

Representatives, if the aggregate gross pay from those positions

exceeds the maximum per annum gross rate of pay authorized to be

paid to an employee out of the clerk hire allowance of a Member of

the House.

(3) For the purposes of this subsection, ''gross pay'' means the

annual rate of pay (or equivalent thereof in the case of an

individual paid on other than an annual basis) received by an

individual.

(4) Paragraph (1) of this subsection does not apply to pay on a

when-actually-employed basis received from more than one consultant

or expert position if the pay is not received for the same day.

(d) Subsection (a) of this section does not apply to -

(1) pay on a when-actually-employed basis received from more

than one consultant or expert position if the pay is not received

for the same hours of the same day;

(2) pay consisting of fees paid on other than a time basis;

(3) pay received by a teacher of the public schools of the

District of Columbia for employment in a position during the

summer vacation period;

(4) pay paid by the Tennessee Valley Authority to an employee

performing part-time or intermittent work in addition to his

normal duties when the Authority considers it to be in the

interest of efficiency and economy;

(5) pay received by an individual holding a position -

(A) the pay of which is paid by the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives; or

(B) under the Architect of the Capitol;

(6) pay paid by the United States Coast Guard to an employee

occupying a part-time position of lamplighter; and

(7) pay within the purview of any of the following statutes:

(A) section 162 of title 2;

(B) section 23(b) of title 13;

(C) section 327 of title 15;

(D) section 907 of title 20;

(E) section 873 of title 33; or

(F) section 631 or 631a of title 31, District of Columbia

Code.

((G) Repealed. Pub. L. 96-70, title III, Sec. 3302(e)(8),

Sept. 27, 1979, 93 Stat. 498.)

(e)(1) This section does not apply to an individual employed

under sections 174j-1 to 174j-7 or 174k (FOOTNOTE 1) of title 40.

(FOOTNOTE 1) See References in Text note below.

(2) Subsection (c) of this section does not apply to pay received

by a teacher of the public schools of the District of Columbia for

employment in a position during the summer vacation period.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 483; Pub. L. 90-57, Sec.

105(h), July 28, 1967, 81 Stat. 143; Pub. L. 90-206, title II, Sec.

214(o), Dec. 16, 1967. 81 Stat. 637; Pub. L. 91-510, title IV, Sec.

477(d), Oct. 26, 1970, 84 Stat. 1195; Pub. L. 93-140, Sec. 23, Oct.

26, 1973, 87 Stat. 508; Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87

Stat. 532; Pub. L. 94-183, Sec. 2(21), Dec. 31, 1975, 89 Stat.

1058; Pub. L. 94-440, title I, Sec. 103, Oct. 1, 1976, 90 Stat.

1443; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92

Stat. 1224; Pub. L. 96-70, title III, Sec. 3302(e)(8), Sept. 27,

1979, 93 Stat. 498; Pub. L. 104-186, title II, Sec. 215(7), Aug.

20, 1996, 110 Stat. 1745.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 3105 (less Aug. 19, 1964, Pub.

(e)). L. 88-448, Sec. 301

(less (e)), 78

Stat. 488.

-------------------------------

In subsection (a), the words ''an individual'' are substituted

for ''civilian personnel''.

In subsection (b), the words ''and issue'' are omitted as

surplusage.

In subsection (c), the words ''appropriated funds are not'' are

substituted for ''no funds appropriated by any Act shall be''. The

words ''$2,000 a year'' are substituted for ''the sum of $2,000 per

annum''.

In subsection (d)(7)(D), reference to ''section 907 of title 20''

is substituted for 5 U.S.C. 3105(d)(7)(F) to reflect the scheduled

transfer of 5 U.S.C. 2358(b) to title 20.

In subsection (d)(7)(H), the words ''of chapter 7'' are omitted

as surplusage.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Sections 174j-1, 174j-3, 174j-4, 174j-5, 174j-6, 174j-7, and 174k

of title 40, referred to in subsec. (e)(1), were transferred to

sections 2042, 2043, 2044, 2045, 2046, 2047, and 2041,

respectively, of Title 2, The Congress. Section 174j-2 of title 40

was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116

Stat. 1304.

-MISC2-

AMENDMENTS

1996 - Subsecs. (c)(1), (2), (d)(5)(A). Pub. L. 104-186

substituted ''Chief Administrative Officer'' for ''Clerk''.

1979 - Subsec. (d)(7). Pub. L. 96-70 struck out subpar. (G) which

made reference to section 102 of title 2, Canal Zone Code.

1978 - Subsec. (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1976 - Subsec. (c)(1). Pub. L. 94-440 inserted ''($10,540, in the

case of pay disbursed by the Secretary of the Senate)'' after

''exceeds $7,724 a year''.

1975 - Subsec. (d)(7). Pub. L. 94-183 struck out subpar. (F)

relating to section 3335 (a) or (c) of title 39, and redesignated

subpars. (G) and (H) as (F) and (G), respectively.

1973 - Subsec. (c)(1), (4). Pub. L. 93-145 inserted reference to

par. (4) in par. (1) and added par. (4).

Subsec. (e). Pub. L. 93-140 designated existing provisions as

par. (1) and added par. (2).

1970 - Subsec. (c)(1). Pub. L. 91-510 inserted ''and except as

otherwise provided by paragraph (2) of this section'' after

''authorized by law'' and substituted ''if the aggregate gross pay

from the positions exceeds $7,724 a year'' for ''if -

''(A) the pay of one or more of the positions is fixed at a

single gross per annum rate, and the aggregate gross pay from the

positions exceeds $6,256 a year, or

''(B) the pay of each such position is fixed at a basic rate plus

additional compensation authorized by law, and the aggregate basic

pay of the positions exceeds $2,000 a year''.

Subsec. (c)(2). Pub. L. 91-510 substituted provision making

appropriated funds unavailable for payment to an individual of pay

from more than one position, for each of which pay is disbursed by

the Clerk of the House, if the aggregate gross pay from those

positions exceeds the maximum per annum gross rate of pay

authorized to be paid to an employee out of clerk hire allowance of

a Member of the House for definition of ''gross pay'', now

incorporated in cl. (3).

Subsec. (c)(3). Pub. L. 91-510 redesignated former cl. (2) as (3)

and deleted provision which included in gross pay of an individual

receiving basic pay plus additional compensation provided by law

the aggregate amount received as basic and additional compensation,

but excluded sums received as premium pay under subchapter V of

this chapter.

1967 - Subsec. (c). Pub. L. 90-206 provided for an increase in

the aggregate gross pay allowed to certain specified congressional

employees on two payrolls as dual office compensation.

Pub. L. 90-57 designated existing dual pay limitation provisions

relating to basic compensation as par. (1), redesignated cls. (1)

and (2) as (A) and (B), eliminated from cl. (A) provision for pay

for one of the positions by the Secretary of the Senate and

restricted such cl. (A) to payments in case of employees receiving

basic rates of compensation and added par. (2) dual pay limitations

applicable to aggregate gross compensation of employees receiving

single per annum rates of compensation.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-510 effective immediately prior to noon

on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a

note under section 72a of Title 2, The Congress.

EFFECTIVE DATE OF 1967 AMENDMENTS

Amendment by Pub. L. 90-206 effective at beginning of first pay

period which begins on or after Dec. 16, 1967, see section

220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of

Title 28, Judiciary and Judicial Procedure.

Amendment by Pub. L. 90-57, effective Aug. 1, 1967, see section

105(k) of Pub. L. 90-57, set out as an Effective Date note under

section 61-1 of Title 2, The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

INCREASE IN COMPENSATION OF INDIVIDUALS WHOSE PAY IS DISBURSED BY

SECRETARY OF SENATE

2003 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 2003, to the figure

''$27,822'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 19, 2002, as amended, set out as a note

under section 60a-1 of Title 2, The Congress.

2002 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 2002, to the figure

''$26,985'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 20, 2001, formerly set out as a note

under section 60a-1 of Title 2, The Congress.

2001 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 2001, to the figure

''$26,329'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 20, 2000, formerly set out as a note

under section 60a-1 of Title 2.

2000 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 2000, to the figure

''$25,362'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 12, 1999, formerly set out as a note

under section 60a-1 of Title 2.

1999 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1999, to the figure

''$24,433'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 16, 1998, formerly set out as a note

under section 60a-1 of Title 2.

1998 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1998, to the figure

''$23,698'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 19, 1997, formerly set out as a note

under section 60a-1 of Title 2.

1997 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1997, to the figure

''$23,165'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 18, 1996, formerly set out as a note

under section 60a-1 of Title 2.

1995 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1995, to the figure

''$22,200'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 28, 1994, formerly set out as a note

under section 60a-1 of Title 2.

1993 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1993, to the figure

''$21,764'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 17, 1992, formerly set out as a note

under section 60a-1 of Title 2.

1992 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1992, to the figure

''$20,987'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 18, 1991, formerly set out as a note

under section 60a-1 of Title 2.

1991 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1991, to the figure

''$20,141'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 20, 1990, formerly set out as a note

under section 60a-1 of Title 2.

1990 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1990, to the figure

''$19,347'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 21, 1989, formerly set out as a note

under section 60a-1 of Title 2.

1989 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1989, to the figure

''$18,674'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 9, 1988, formerly set out as a note

under section 60a-1 of Title 2.

1988 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1988, to the figure

''$17,938'', see section 9 of Salary Directive of President pro

tempore of the Senate, Jan. 4, 1988, formerly set out as a note

under section 60a-1 of Title 2.

1987 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1987, to the figure

''$17,586'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 19, 1986, formerly set out as a note

under section 60a-1 of Title 2.

1985 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1985, to the figure

''$17,073'', see section 9 of Salary Directive of President pro

tempore of the Senate, Jan. 4, 1985, formerly set out as a note

under section 60a-1 of Title 2.

1984 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Jan. 1, 1984, to the figure

''$16,495'', see section 9 of Salary Directive of President pro

tempore of the Senate, Dec. 20, 1983, formerly set out as a note

under section 60a-1 of Title 2.

1982 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1982, to the figure

''$15,860'', see section 9 of Salary Directive of President pro

tempore of the Senate, Oct. 1, 1982, formerly set out as a note

under section 60a-1 of Title 2.

1980 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1980, to the figure

''$14,551'', see section 9 of Salary Directive of President pro

tempore of the Senate, Oct. 1, 1980, formerly set out as a note

under section 60a-1 of Title 2.

1979 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1979, to the figure

''$13,337'', see section 9 of Salary Directive of President pro

tempore of the Senate, Oct. 13, 1979, formerly set out as a note

under section 60a-1 of Title 2.

1978 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1978, to the figure

''$12,480'', see section 9 of Salary Directive of President pro

tempore of the Senate, Oct. 9, 1978, formerly set out as a note

under section 60a-1 of Title 2.

1977 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1977, to the figure

''$11,830'', see section 9 of Salary Directive of President pro

tempore of the Senate, Sept. 27, 1977, formerly set out as a note

under section 60a-1 of Title 2.

1976 - The figure ''$10,540'' in subsec. (c)(1) of this section

to be deemed to refer, effective Oct. 1, 1976, to the figure

''$11,050'', see section 9 of Salary Directive of President pro

tempore of the Senate, Oct. 8, 1976, formerly set out as a note

under section 60a-1 of Title 2.

1973 - The figure ''7,724'' in subsection (c)(1) of this section,

deemed to refer, effective Jan. 1, 1973, to the figure ''9,080'',

see section 9 of Salary Directive of President pro tempore of the

Senate, Dec. 16, 1972, formerly set out as a note under section

60a-1 of Title 2.

1972 - The figure ''7,724'' in subsection (c)(1) of this section,

deemed to refer, effective Jan. 1, 1972, to the figure ''8,637'',

see section 9 of Salary Directive of President pro tempore of the

Senate, Dec. 23, 1971, formerly set out as a note under section

60a-1 of Title 2.

1971 - The figure ''7,724'' in subsection (c)(1) of this section,

deemed to refer, effective Feb. 1, 1971, to the figure ''8,187'',

see section 9 of Salary Directive of President pro tempore of the

Senate, Jan. 15, 1971, formerly set out as a note under section

60a-1 of Title 2.

1970 - Adjustment by President pro tempore of the Senate with

respect to Senate, by Finance Clerk of House with respect to House

of Representatives, and by Architect of Capitol with respect to

Office of Architect of Capitol, effective on the first day of the

first pay period which begins on or after Dec. 27, 1969, of rates

of pay of employees of legislative branch subject to section 214 of

Pub. L. 90-206 with certain exceptions, by amounts of adjustment

for corresponding rates for employees subject to the General

Schedule, set out in section 5332 of this title, which had been

made by section 2 of Pub. L. 91-231 raising such rates by 6

percent, see Pub. L. 91-231, set out as a note under section 5332

of this title.

1969 - The figure ''6,662'' in subsection (c)(1)(A) of this

section, as increased by Order of June 12, 1968, deemed, on and

after July 1, 1969, to refer to the figure ''7,287'', see section

4(d) of Salary Directive of President pro tempore of the Senate,

June 17, 1969, formerly set out as a note under section 60a-1 of

Title 2.

1968 - The figure ''6,256'' in subsection (c)(1)(A) of this

section deemed to refer, on and after July 1, 1968, to the figure

''6,622'', see section 1(i) of Salary Directive of President pro

tempore of the Senate, June 12, 1968, formerly set out as a note

under section 60a-1 of Title 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5531 of this title; title

2 section 162; title 13 section 23; title 15 section 327; title 20

section 907; title 22 sections 2396, 3664; title 25 section 2012;

title 33 section 873; title 39 section 1001.

-CITE-

5 USC Sec. 5534 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5534. Dual employment and pay of Reserves and National

Guardsmen

-STATUTE-

A Reserve of the armed forces or member of the National Guard may

accept a civilian office or position under the Government of the

United States or the government of the District of Columbia, and he

is entitled to receive the pay of that office or position in

addition to pay and allowances as a Reserve or member of the

National Guard.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30r(c) (1st Aug. 10, 1956, ch.

sentence). 1041, Sec. 29(c)

(1st sentence), 70A

Stat. 632.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3664.

-CITE-

5 USC Sec. 5534a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5534a. Dual employment and pay during terminal leave from

uniformed services

-STATUTE-

A member of a uniformed service who has performed active service

and who is on terminal leave pending separation from, or release

from active duty in, that service under honorable conditions may

accept a civilian office or position in the Government of the

United States, its territories or possessions, or the government of

the District of Columbia, and he is entitled to receive the pay of

that office or position in addition to pay and allowances from the

uniformed service for the unexpired portion of the terminal leave.

-SOURCE-

(Added Pub. L. 90-83, Sec. 1(22), Sept. 11, 1967, 81 Stat. 199.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section amends chapter 55 of title 5, United States Code, by

inserting a new section 5534a. This section is based on subsections

(a) and (f) of former 5 U.S.C. 61a-1 the source statute for which

(act of Nov. 21, 1945, ch. 489, 59 Stat. 584) was repealed by the

act of September 6, 1966, Public Law 89-554 (sec. 8, 80 Stat. 653).

Senate Report 1380, 89th Congress, second session, pages 449, 511,

explains that the source was repealed since it had been rendered

obsolete by section 4(c) of the Armed Forces Leave Act of 1946, as

amended (37 U.S.C. 501), and section 219(c) of the Public Health

Service Act, as added August 9, 1950 (ch. 654, sec. 2, 64 Stat.

426; 42 U.S.C. 210-1(c)), and that any existing rights are

preserved by section 8 of Public Law 89-554.

At the time of enactment of the act of November 21, 1945, there

was no authority to make lump-sum leave payments to members of the

uniformed services who were being separated from or released from

active duty in the uniformed services. Accordingly, they were

placed on terminal leave until the expiration of the unused portion

of their accumulated and current accrued leave, and only then

separated or released. The act of November 21, 1945, in part,

authorized the employment of these members during terminal leave

and provided they were entitled to receive, in addition to the

payment from the employment, military pay and allowances for the

unexpired portion of the terminal leave. The Armed Forces Leave

Act of 1946 authorized lump-sum leave payments of unused

accumulated and current accrued leave. Generally, thereafter,

members of the uniformed services were not placed on terminal

leave, but were separated and paid a lump-sum leave payment.

However, in certain instances a member may be placed on terminal

leave. Such a case was considered recently by the Comptroller

General of the United States (see B-157500, Oct. 13, 1965, 45 Comp.

Gen. 180. In view of the foregoing, it is concluded that subsection

(a) of former 5 U.S.C. 61a-1 had prospective effect and should have

been reenacted in title 5, U.S.C., by Public Law 89-554.

In section 5534a, the words ''A member of a uniformed service who

has performed active service'' are substituted for ''Any person,

who, shall have performed active service in the Armed Forces'' to

conform to the style of title 5 and the definition of ''uniformed

services'' in 5 U.S.C. 2101 which is coextensive with the

definition of ''armed forces'' in subsection (f) of former 5 U.S.C.

61a-1. Reorganization Plan No. 2 of 1965 (79 Stat. 1318), effective

July 13, 1965, consolidated the Coast and Geodetic Survey and the

Weather Bureau to form a new agency in the Department of Commerce

to be known as the Environmental Science Services Administration.

The words ''subsequent to May 1, 1940'' are omitted as executed.

The word ''territories'' is substituted for ''Territories''

inasmuch as there now are no incorporated territories. The words

''(including any corporation created under authority of an act of

Congress which is either wholly controlled or wholly owned by the

Government of the United States, or any department, agency, or

establishment thereof, whether or not the employees thereof are

paid from funds appropriated by Congress)'' are omitted as included

in ''a civilian office or position in the Government of the United

States''. The word ''pay'' is substituted for ''compensation.''

EFFECTIVE DATE

Section effective Sept. 6, 1966, for all purposes, see section

9(h) of Pub. L. 90-83, set out as an Effective Date of 1967

Amendment note under section 5102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3664.

-CITE-

5 USC Sec. 5535 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5535. Extra pay for details prohibited

-STATUTE-

(a) An officer may not receive pay in addition to the pay for his

regular office for performing the duties of a vacant office as

authorized by sections 3345-3347 of this title.

(b) An employee may not receive -

(1) additional pay or allowances for performing the duties of

another employee; or

(2) pay in addition to the regular pay received for employment

held before his appointment or designation as acting for or

instead of an occupant of another position or employment.

This subsection does not prevent a regular and permanent

appointment by promotion from a lower to a higher grade of

employment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 9. R.S. Sec. 182.

(b) 5 U.S.C. 69 (1st 34 R.S. Sec. 1764 (1st

words). 34 words).

5 U.S.C. 72. Aug. 1, 1914, ch.

223, Sec. 12, 38

Stat. 680.

-------------------------------

Subsection (a) was part of title IV of the Revised Statutes. The

Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,

ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which

provides ''Except to the extent inconsistent with the provisions of

this Act (National Security Act of 1947), the provisions of title

IV of the Revised Statutes as now or hereafter amended shall be

applicable to the Department of Defense'' is omitted from this

title but is not repealed.

In subsection (a), the words ''regular office'' are coextensive

with and substituted for ''proper office''.

In subsection (b), former sections 69 (1st 34 words) and 72 are

combined and restated for clarity and conciseness. The word

''employee'' is coextensive with and substituted for ''officer or

clerk'', ''officer or clerk in the same or any other department'',

and ''person employed in the service of the United States''. The

words ''under any general or lump-sum appropriation'' are omitted

as unnecessary.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 3664, 3971;

title 39 section 1001.

-CITE-

5 USC Sec. 5536 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5536. Extra pay for extra services prohibited

-STATUTE-

An employee or a member of a uniformed service whose pay or

allowance is fixed by statute or regulation may not receive

additional pay or allowance for the disbursement of public money or

for any other service or duty, unless specifically authorized by

law and the appropriation therefor specifically states that it is

for the additional pay or allowance.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 51. R.S. Sec. 170.

5 U.S.C. 69 (less R.S. Sec. 1764 (less

1st 34 words). 1st 34 words).

5 U.S.C. 70. R.S. Sec. 1765.

5 U.S.C. 71. June 20, 1874, ch.

328, Sec. 3, 18

Stat. 109.

Sept. 3, 1954, ch.

1263, Sec. 7, 68

Stat. 1228.

-------------------------------

Sections are consolidated as R.S. Sec. 1765 includes the scope of

R.S. Sec. 170, R.S. Sec. 1764, and the Act of June 20, 1874, as

amended. So much of R.S. Sec. 1764 as relates to details is

covered by section 5535.

R.S. Sec. 170 was part of title IV of the Revised Statutes. The

Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,

ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which

provides ''Except to the extent inconsistent with the provisions of

this Act (National Security Act of 1947), the provisions of title

IV of the Revised Statutes as now or hereafter amended shall be

applicable to the Department of Defense'' is omitted from his title

but is not repealed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5942a of this title; title

22 sections 3971, 4085, 6104; title 39 section 1001; title 50

section 403e-1.

-CITE-

5 USC Sec. 5537 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-

Sec. 5537. Fees for jury and witness service

-STATUTE-

(a) An employee as defined by section 2105 of this title (except

an individual whose pay is disbursed by the Secretary of the Senate

or the Chief Administrative Officer of the House of

Representatives) or an individual employed by the government of the

District of Columbia may not receive fees for service -

(1) as a juror in a court of the United States or the District

of Columbia; or

(2) as a witness on behalf of the United States or the District

of Columbia.

(b) An official of a court of the United States or the District

of Columbia may not receive witness fees for attendance before a

court, commissioner, or magistrate judge where he is officiating.

(c) For the purpose of this section, ''court of the United

States'' has the meaning given it by section 451 of title 28 and

includes the District Court of Guam and the District Court of the

Virgin Islands.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484; Pub. L. 90-623, Sec.

1(12), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-563, Sec. 3(a),

Dec. 19, 1970, 84 Stat. 1477; Pub. L. 101-650, title III, Sec. 321,

Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-186, title II, Sec.

215(8), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-201, div. C,

title XXXV, Sec. 3548(a)(5), Sept. 23, 1996, 110 Stat. 2868.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 30o. June 29, 1940, ch.

446, Sec. 2, 54

Stat. 689.

-------------------------------

The words ''fees for jury service'' are coextensive with and

substituted for ''compensation for such service''.

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

1996 - Subsec. (a). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk'' in introductory provisions.

Subsec. (c). Pub. L. 104-201 substituted ''the District Court of

Guam and the District Court of the Virgin Islands'' for ''the

United States District Court for the District of the Canal Zone,

the District Court of Guam, and the District Court of the Virgin

Islands''.

1970 - Pub. L. 91-563 substituted ''jury and witness service''

for ''jury service in courts of the United States'' in section

catchline, designated existing provisions as subsec. (a), inserted

provisions prohibiting payment of fees for jury service in a court

of the District of Columbia or for service as a witness on behalf

of the United States or the District of Columbia and excepting

employees whose pay is disbursed by the Secretary of the Senate or

the Clerk of the House of Representatives, and added subsecs. (b)

and (c).

1968 - Pub. L. 90-623 inserted '', who is entitled to leave under

section 6322 of this title,'' after ''individual employed by the

government of the District of Columbia''.

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate'' in

subsec. (b) pursuant to section 321 of Pub. L. 101-650, set out as

a note under section 631 of Title 28, Judiciary and Judicial

Procedure.

-MISC4-

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.

-CITE-

5 USC SUBCHAPTER V - PREMIUM PAY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

.

-HEAD-

SUBCHAPTER V - PREMIUM PAY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5304, 5371, 5520a,

5926 of this title; title 10 sections 4338, 6952, 9338; title 22

section 3972.

-CITE-

5 USC Sec. 5541 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5541. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) a military department;

(C) an agency in the judicial branch;

(D) the Library of Congress;

(E) the Botanic Garden;

(F) the Office of the Architect of the Capitol; and

(G) the government of the District of Columbia;

(2) ''employee'' means -

(A) an employee in or under an Executive agency;

(B) an individual employed by the government of the District

of Columbia; and

(C) an employee in or under the judicial branch, the Library

of Congress, the Botanic Garden, and the Office of the

Architect of the Capitol, who occupies a position subject to

chapter 51 and subchapter III of chapter 53 of this title;

but does not include -

(i) a justice or judge of the United States;

(ii) the head of an agency other than the government of the

District of Columbia;

(iii) a teacher, school official, or employee of the Board of

Education of the District of Columbia, whose pay is fixed under

chapter 15 of title 31, District of Columbia Code;

(iv) a member of -

(I) the Metropolitan Police or the Fire Department of the

District of Columbia; or

(II) a member of the United States Secret Service Uniformed

Division, a member of the United States Park Police, other

than for purposes of section (FOOTNOTE 1) 5545(a) and 5546;

(FOOTNOTE 1) So in original. Probably should be ''sections''.

(v) a student-employee as defined by section 5351 of this

title;

((vi) Repealed. Pub. L. 91-375, Sec. 6(c)(16), Aug. 12, 1970,

84 Stat. 776;)

(vii) an employee outside the continental United States or in

Alaska who is paid in accordance with local native prevailing

wage rates for the area in which employed;

(viii) an employee of the Tennessee Valley Authority;

(ix) an individual to whom section 1291(a) of title 50,

appendix, applies;

(x) an employee of a Federal land bank, a Federal

intermediate credit bank, or a bank for cooperatives;

(xi) an employee whose pay is fixed and adjusted from time to

time in accordance with prevailing rates under subchapter IV of

chapter 53 of this title, or by a wage board or similar

administrative authority serving the same purpose, except as

provided by section 5544 of this title;

(xii) an employee of the Transportation Corps of the Army on

a vessel operated by the United States, a vessel employee of

the Environmental Science Services Administration, or a vessel

employee of the Department of the Interior;

(xiii) a ''teacher'' or an individual holding a ''teaching

position'' as defined by section 901 of title 20;

(xiv) a Foreign Service officer;

(xv) a member of the Senior Foreign Service;

(xvi) member of the Senior Executive Service; or

(xvii) a member of the Federal Bureau of Investigation and

Drug Enforcement Administration Senior Executive Service; and

(3) ''law enforcement officer'' means an employee who -

(A) is a law enforcement officer within the meaning of

section 8331(20) or 8401(17);

(B) in the case of an employee who holds a supervisory or

administrative position and is subject to subchapter III of

chapter 83, but who does not qualify to be considered a law

enforcement officer within the meaning of section 8331(20),

would so qualify if such employee had transferred directly to

such position after serving as a law enforcement officer within

the meaning of such section;

(C) in the case of an employee who holds a supervisory or

administrative position and is subject to chapter 84, but who

does not qualify to be considered a law enforcement officer

within the meaning of section 8401(17), would so qualify if

such employee had transferred directly to such position after

performing duties described in section 8401(17)(A) and (B) for

at least 3 years; and

(D) in the case of an employee who is not subject to

subchapter III of chapter 83 or chapter 84 -

(i) holds a position that the Office of Personnel

Management determines would satisfy subparagraph (A), (B), or

(C) if the employee were subject to subchapter III of chapter

83 or chapter 84; or

(ii) is a special agent in the Diplomatic Security Service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90-83, Sec.

1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-375, Sec. 6(c)(16),

Aug. 12, 1970, 84 Stat. 776; Pub. L. 92-392, Sec. 4, Aug. 14, 1972,

86 Stat. 573; Pub. L. 94-183, Sec. 2(22), Dec. 31, 1975, 89 Stat.

1058; Pub. L. 95-105, title IV, Sec. 412(a)(1), Aug. 17, 1977, 91

Stat. 855; Pub. L. 95-426, title II, Sec. 204(b)(5)(B), Oct. 7,

1978, 92 Stat. 974; Pub. L. 95-454, title IV, Sec. 408(a)(2), Oct.

13, 1978, 92 Stat. 1173; Pub. L. 96-70, title III, Sec. 3302(e)(1),

Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-465, title II, Sec. 2304,

Oct. 17, 1980, 94 Stat. 2165; Pub. L. 100-325, Sec. 2(i)(1), May

30, 1988, 102 Stat. 582; Pub. L. 101-509, title V, Sec. 529 (title

IV, Sec. 411(a)), Nov. 5, 1990, 104 Stat. 1427, 1469; Pub. L.

102-378, Sec. 2(40)(A)-(C), Oct. 2, 1992, 106 Stat. 1351; Pub. L.

104-201, div. C, title XXXV, Sec. 3548(a)(6), Sept. 23, 1996, 110

Stat. 2869.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 901(a), June 30, 1945, ch.

(d), (e). 212 Sec. 101(a),

(d), (e), 59 Stat.

295, 296.

Sept. 1, 1954, ch.

1208, Sec. 202(a),

68 Stat. 1109.

5 U.S.C. 902 (less June 30, 1945, ch.

clause (1) and last 212, Sec. 102 (less

sentence of (a)). clause (1) and last

sentence of (a)),

59 Stat. 296. May

24, 1946, ch. 270,

Sec. 8(a), 60 Stat.

218.

Aug. 4, 1947, ch.

452, Sec. 1, 61

Stat. 727.

Aug. 18, 1959, Pub.

L. 86-168, Sec.

202(c) 73 Stat.

389.

5 U.S.C. 2358(a) (as July 17, 1959, Pub.

applicable to the L. 86-91, Sec.

Federal Employees 10(a) (as

Pay Act of 1945, as applicable to the

amended). Federal Employees

Pay Act of 1945, as

amended), 73 Stat.

217.

-------------------------------

The section is revised as a definition section. The provisions

of former section 901(d) are omitted as unnecessary because the

sections referred to state their application and there is no need

to restate the application here.

In paragraph (1), the terms ''Executive agency'' and ''military

department'' are substituted for the references in former section

901(a) and (e) to the executive branch, including Government-owned

or controlled corporations, and the General Accounting Office in

view of the definitions in sections 105 and 102.

In paragraph (2)(iii), the words ''chapter 15 of title 31,

District of Columbia Code'' are substituted for the reference in

former section 902(a)(4) to ''the Teachers Salary Act of June 4,

1924, as amended'' on authority of the provisions contained

therein. Enumeration of the individuals to which the provisions

apply are added.

In paragraph (2)(iv), the provisions of former section 902(a)(5)

and (b)(6) are combined.

In paragraph (2)(v), the words ''student-employee as defined by

section 5351 of this title'' are coextensive with and substituted

for the enumeration of the employees in former section 902(a)(6).

In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii),

the reference to former section 947 is omitted as that section was

repealed by the Act of Sept. 12, 1950, ch. 946, Sec. 301(85), 64

Stat. 843.

In paragraph (2)(xii), the reference to former section 946 is

omitted as unnecessary since that section is not carried into this

subchapter. The words ''Panama Canal Company'' are substituted for

''Panama Railroad Company'' on authority of the Act of Sept. 2,

1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.

In paragraph (2)(xiii), the words ''as defined by section 901 of

title 20'' are added on authority of former section 2351, which

section is scheduled for transfer to section 901 of title 20.

The exception for officers and employees of the Inland Waterways

Corporation in former section 902(b)(3) is omitted on authority of

the Act of July 19, 1963, Pub. L. 88-67, 77 Stat. 81.

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

1996 - Par. (2)(xii). Pub. L. 104-201 inserted ''or'' after

''Services Administration,'' and struck out '', or a vessel

employee of the Panama Canal Commission'' after ''Interior''.

1992 - Par. (3). Pub. L. 102-378 added par. (3).

1990 - Par. (2)(iv). Pub. L. 101-509 amended cl. (iv) generally.

Prior to amendment, cl. (iv) read as follows: ''a member of the

Metropolitan Police, the Fire Department of the District of

Columbia, the United States Park Police, or the Executive

Protective Service;''.

1988 - Par. (2)(xvii). Pub. L. 100-325 added cl. (xvii).

1980 - Par. (2)(xiv). Pub. L. 96-465 struck out ''within the

meaning of section 401 of the Foreign Service Act of 1946'' after

''officer''.

Par. (2)(xv). Pub. L. 96-465 substituted ''a member of the Senior

Foreign Service'' for ''a 'Foreign Service information officer' as

provided for by the first section of the Act entitled 'An Act to

promote the foreign policy of the United States by strengthening

and improving the Foreign Service personnel system of the

International Communication Agency through establishment of a

Foreign Service Information Officer Corps', approved August 20,

1968''.

1979 - Par. (2)(xii). Pub. L. 96-70 substituted ''Commission''

for ''Company''.

1978 - Par. (2)(xvi). Pub. L. 95-454 added cl. (xvi).

Par. (2)(xv). Pub. L. 95-426 substituted ''International

Communication Agency'' for ''United States Information Agency''.

1977 - Par. (2)(xiv), (xv). Pub. L. 95-105 added cls. (xiv) and

(xv).

1975 - Par. (2)(iv). Pub. L. 94-183 substituted ''Executive

Protective Service'' for ''White House Police''.

1972 - Par. (2)(xi). Pub. L. 92-392 substituted ''pay'' for

''basic pay'' and provided for determination of pay under

subchapter IV of chapter 53 of this title.

1970 - Par. (2)(vi). Pub. L. 91-375 repealed cl. (vi) which

excluded an employee in the postal field service from definition of

''employee''.

1967 - Par. (2)(xii). Pub. L. 90-83 substituted ''Environmental

Science Services Administration'' for ''Coast and Geodetic

Survey''. See Historical and Revision Notes under section 2101 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective as of first day of first

applicable pay period beginning on or after Oct. 2, 1992, see

section 9(b)(9) of Pub. L. 102-378, set out as a note under section

6303 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 529 (title IV, Sec. 411(b)) of Pub. L. 101-509 provided

that: ''The amendment made by this section (amending this section)

shall be effective on January 1, 1992.''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section

3304 of Pub. L. 96-70, set out as an Effective Date note under

section 3601 of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,

1978, and congressional review of provisions of sections 401

through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,

set out as an Effective Date note under section 3131 of this title.

Section 204(b)(5)(B) of Pub. L. 95-426 provided that the

amendment made by such section 204(b)(5)(B) is effective Oct. 1,

1978.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 412(a)(2) of Pub. L. 95-105 provided that: ''The

amendments made by paragraph (1) (amending this section) shall take

effect on October 1, 1978.''

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-329, title VI, Sec. 633(a), Sept. 30, 1994, 108 Stat.

2425, provided that: ''This section (enacting section 5545a of this

title, amending sections 5542 and 5547 of this title and section

213 of Title 29, Labor, and enacting provisions set out as notes

under section 5545a of this title) may be cited as the 'Law

Enforcement Availability Pay Act of 1994'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Environmental Science Services Administration in Department of

Commerce, including offices of Administrator and Deputy

Administrator thereof, abolished by Reorg. Plan No. 4 of 1970,

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to this title, which created National Oceanic and

Atmospheric Administration in Department of Commerce and

transferred personnel, property, records, and unexpended balances

of funds of Environmental Science Services Administration to such

newly created National Oceanic and Atmospheric Administration.

Components of Environmental Science Services Administration thus

transferred included Weather Bureau (now National Weather Service),

Coast and Geodetic Survey (now National Ocean Survey),

Environmental Data Service, National Environmental Satellite

Center, and ESSA Research Laboratories.

-MISC5-

AVAILABILITY OF PREMIUM PAY FOR ATTORNEYS EMPLOYED IN DEPARTMENT OF

JUSTICE

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title I, Sec. 115),

Nov. 29, 1999, 113 Stat. 1535, 1501A-21, provided that:

''(a) None of the funds made available by this or any other Act

may be used to pay premium pay under title 5, United States Code,

sections 5542-5549, to any individual employed as an attorney,

including an Assistant United States Attorney, in the Department of

Justice for any work performed on or after the date of the

enactment of this Act (Nov. 29, 1999).

''(b) Notwithstanding any other provision of law, neither the

United States nor any individual or entity acting on its behalf

shall be liable for premium pay under title 5, United States Code,

sections 5542-5549, for any work performed on or after the date of

the enactment of this Act (Nov. 29, 1999) by any individual

employed as an attorney in the Department of Justice, including an

Assistant United States Attorney.''

(Pub. L. 106-553, Sec. 1(a)(2) (title I, Sec. 111), Dec. 21,

2000, 114 Stat. 2762, 2762A-68, provided that: ''Section 115 of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 2000 (as enacted into law by

section 1000(a)(1) of Public Law 106-113) (set out above) shall

apply hereafter.'')

SENSE OF CONGRESS RELATING TO LAW ENFORCEMENT OFFICER PROVISIONS

Section 2(40)(D) of Pub. L. 102-378 provided that: ''It is the

sense of the Congress that -

''(i) the provisions of section 5541(3) of title 5, United

States Code (as added by section 2(40)(C) of this Act) -

''(I) are enacted only for the purposes of pay and not for

the purposes of retirement;

''(II) do not reflect any intent of the Congress to change

retirement eligibility standards for law enforcement officers;

and

''(ii) law enforcement officers in primary positions have

different retirement eligibility standards than employees in

supervisory or administrative positions because of the different

requirements in their responsibilities.''

PAYMENT OF BONUSES FOR FOREIGN LANGUAGE CAPABILITIES

Pub. L. 100-690, title VI, Sec. 6401, Nov. 18, 1988, 102 Stat.

4370, as amended by Pub. L. 101-509, title V, Sec. 529 (title IV,

Sec. 408(c)), Nov. 5, 1990, 104 Stat. 1427, 1468, provided that:

''(a) In General. - Notwithstanding any other provision of law,

the Drug Enforcement Administration and the Federal Bureau of

Investigation are authorized on and after October 1, 1988, to pay

bonuses up to 25 percent of base pay to employees of the Drug

Enforcement Administration and the Federal Bureau of Investigation

who possess and make substantial use of one or more languages,

other than English, in the performance of their official duties.

The Administrator of the Drug Enforcement Administration and the

Director of the Federal Bureau of Investigation shall develop such

policies as necessary to implement the payment of these bonuses.

''(b) Limitation. - The provisions of this section shall apply

only to an employee who has received a bonus under this section

before January 1, 1992. The provisions of subchapter III of chapter

45 of title 5, United States Code, shall apply to any employee who

would otherwise be eligible to receive a bonus under this section,

on and after such date.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4521, 5504, 5545a, 5550a,

6101 of this title; title 2 section 1371.

-CITE-

5 USC Sec. 5542 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5542. Overtime rates; computation

-STATUTE-

(a) For full-time, part-time and intermittent tours of duty,

hours of work officially ordered or approved in excess of 40 hours

in an administrative workweek, or (with the exception of an

employee engaged in professional or technical engineering or

scientific activities for whom the first 40 hours of duty in an

administrative workweek is the basic workweek and an employee whose

basic pay exceeds the minimum rate for GS-10 (including any

applicable locality-based comparability payment under section 5304

or similar provision of law and any applicable special rate of pay

under section 5305 or similar provision of law) for whom the first

40 hours of duty in an administrative workweek is the basic

workweek) in excess of 8 hours in a day, performed by an employee

are overtime work and shall be paid for, except as otherwise

provided by this subchapter, at the following rates:

(1) For an employee whose basic pay is at a rate which does not

exceed the minimum rate of basic pay for GS-10 (including any

applicable locality-based comparability payment under section

5304 or similar provision of law and any applicable special rate

of pay under section 5305 or similar provision of law), the

overtime hourly rate of pay is an amount equal to one and

one-half times the hourly rate of basic pay of the employee, and

all that amount is premium pay.

(2) For an employee whose basic pay is at a rate which exceeds

the minimum rate of basic pay for GS-10 (including any applicable

locality-based comparability payment under section 5304 or

similar provision of law and any applicable special rate of pay

under section 5305 or similar provision of law), the overtime

hourly rate of pay is an amount equal to one and one-half times

the hourly rate of the minimum rate of basic pay for GS-10

(including any applicable locality-based comparability payment

under section 5304 or similar provision of law and any applicable

special rate of pay under section 5305 or similar provision of

law), and all that amount is premium pay.

(3) Notwithstanding paragraphs (1) and (2) of this subsection

for an employee of the Department of Transportation who occupies

a nonmanagerial position in GS-14 or under and, as determined by

the Secretary of Transportation,

(A) the duties of which are critical to the immediate daily

operation of the air traffic control system, directly affect

aviation safety, and involve physical or mental strain or

hardship;

(B) in which overtime work is therefore unusually taxing; and

(C) in which operating requirements cannot be met without

substantial overtime work;

the overtime hourly rate of pay is an amount equal to one and

one-half times the hourly rate of basic pay of the employee, and

all that amount is premium pay.

(4) Notwithstanding paragraph (2) of this subsection, for an

employee who is a law enforcement officer, and whose basic pay is

at a rate which exceeds the minimum rate of basic pay for GS-10

(including any applicable locality-based comparability payment

under section 5304 or similar provision of law and any applicable

special rate of pay under section 5305 or similar provision of

law), the overtime hourly rate of pay is an amount equal to the

greater of -

(A) one and one-half times the minimum hourly rate of basic

pay for GS-10 (including any applicable locality-based

comparability payment under section 5304 or similar provision

of law and any applicable special rate of pay under section

5305 or similar provision of law); or

(B) the hourly rate of basic pay of the employee,

and all that amount is premium pay.

(5) Notwithstanding paragraphs (1) and (2), for an employee of

the Department of the Interior or the United States Forest

Service in the Department of Agriculture engaged in emergency

wildland fire suppression activities, the overtime hourly rate of

pay is an amount equal to one and one-half times the hourly rate

of basic pay of the employee, and all that amount is premium pay.

(b) For the purpose of this subchapter -

(1) unscheduled overtime work performed by an employee on a day

when work was not scheduled for him, or for which he is required

to return to his place of employment, is deemed at least 2 hours

in duration; and

(2) time spent in a travel status away from the official-duty

station of an employee is not hours of employment unless -

(A) the time spent is within the days and hours of the

regularly scheduled administrative workweek of the employee,

including regularly scheduled overtime hours; or

(B) the travel (i) involves the performance of work while

traveling, (ii) is incident to travel that involves the

performance of work while traveling, (iii) is carried out under

arduous conditions, or (iv) results from an event which could

not be scheduled or controlled administratively, including

travel by an employee to such an event and the return of such

employee from such event to his or her official-duty station.

(c) Subsection (a) shall not apply to an employee who is subject

to the overtime pay provisions of section 7 of the Fair labor

(FOOTNOTE 1) Standards Act of 1938. In the case of an employee who

would, were it not for the preceding sentence, be subject to this

section, the Office of Personnel Management shall by regulation

prescribe what hours shall be deemed to be hours of work and what

hours of work shall be deemed to be overtime hours for the purpose

of such section 7 so as to ensure that no employee receives less

pay by reason of the preceding sentence.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(d) In applying subsection (a) of this section with respect to

any criminal investigator who is paid availability pay under

section 5545a -

(1) such investigator shall be compensated under such

subsection (a), at the rates there provided, for overtime work

which is scheduled in advance of the administrative workweek -

(A) in excess of 10 hours on a day during such investigator's

basic 40 hour workweek; or

(B) on a day outside such investigator's basic 40 hour

workweek; and

(2) such investigator shall be compensated for all other

overtime work under section 5545a.

(e) Notwithstanding subsection (d)(1) of this section, all hours

of overtime work scheduled in advance of the administrative

workweek shall be compensated under subsection (a) if that work

involves duties as authorized by section 3056(a) of title 18 or

section 37(a)(3) of the State Department Basic Authorities Act of

1956, and if the investigator performs, on that same day, at least

2 hours of overtime work not scheduled in advance of the

administrative workweek.

(f) In applying subsection (a) of this section with respect to a

firefighter who is subject to section 5545b -

(1) such subsection shall be deemed to apply to hours of work

officially ordered or approved in excess of 106 hours in a

biweekly pay period, or, if the agency establishes a weekly basis

for overtime pay computation, in excess of 53 hours in an

administrative workweek; and

(2) the overtime hourly rate of pay is an amount equal to one

and one-half times the hourly rate of basic pay under section

5545b(b)(1)(A) or (c)(1)(B), as applicable, and such overtime

hourly rate of pay may not be less than such hourly rate of basic

pay in applying the limitation on the overtime rate provided in

paragraph (2) of such subsection (a).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90-83, Sec.

1(24), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, Sec.

222(a), Dec. 16, 1967, 81 Stat. 641; Pub. L. 90-556, Sec. 1, Oct.

10, 1968, 82 Stat. 969; Pub. L. 92-194, Dec. 15, 1971, 85 Stat.

648; Pub. L. 98-473, title I, Sec. 101(c) (title III, Sec. 322),

Oct. 12, 1984, 98 Stat. 1837, 1874; Pub. L. 101-509, title V, Sec.

529 (title I, Sec. 101(b)(3)(E), title II, Sec. 210(1), title IV,

Sec. 410(a)), Nov. 5, 1990, 104 Stat. 1427, 1439, 1460, 1468; Pub.

L. 102-378, Sec. 2(41), Oct. 2, 1992, 106 Stat. 1352; Pub. L.

103-329, title VI, Sec. 633(c), Sept. 30, 1994, 108 Stat. 2427;

Pub. L. 104-52, title V, Sec. 531, Nov. 19, 1995, 109 Stat. 496;

Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(c)(2)),

(h) (title VI, Sec. 628(a)(1)), div. G, subdiv. B, title XXIII,

Sec. 2316(c)(2), Oct. 21, 1998, 112 Stat. 2681-50, 2681-102,

2681-480, 2681-519, 2681-829; Pub. L. 106-558, Sec. 2(a), Dec. 21,

2000, 114 Stat. 2776.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 911. June 30, 1945, ch.

212, Sec. 201, 59

Stat. 296. Sept. 1,

1954, ch. 1208,

Sec. 203, 68 Stat.

1109.

(b) 5 U.S.C. 912a. 5 Sept. 1, 1954, ch.

U.S.C. 912b. 1208, Sec. 205(b),

68 Stat. 1110.

-------------------------------

In subsection (a)(1), and (2), the word ''officer'' is omitted as

included in ''employee''. The word ''scheduled'' is omitted since

section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat.

847, eliminated the necessity of referring to rates as scheduled or

longevity. References to the ''Classification Act of 1949, as

amended'' are omitted as unnecessary.

In subsection (b), former sections 912a and 912b are combined and

restated.

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)

---------------------------------------------------------------------

5542(a) 5 App.: 911. July 18, 1966, Pub.

L. 89-504, Sec.

404(a), 80 Stat.

297.

-------------------------------

The words ''of the Classification Act of 1949, as amended'' are

omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

GS-10 and GS-14, referred to in subsec. (a), are contained in the

General Schedule which is set out under section 5332 of this title.

Section 7 of the Fair Labor Standards Act of 1938, referred to in

subsec. (c), is classified to section 207 of Title 29, Labor.

Section 37(a)(3) of the State Department Basic Authorities Act of

1956, referred to in subsec. (e), is classified to section

2709(a)(3) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(5). Pub. L. 106-558 added par. (5).

1998 - Subsec. (e). Pub. L. 105-277, Sec. 101(b) (title IV, Sec.

407(c)(2)) and Sec. 2316(c)(2), amended subsec. (e) identically,

substituting ''title 18 or section 37(a)(3) of the State Department

Basic Authorities Act of 1956,'' for ''title 18, United States

Code,''.

Subsec. (f). Pub. L. 105-277, Sec. 101(h) (title VI, Sec.

628(a)(1)), added subsec. (f).

1995 - Subsec. (e). Pub. L. 104-52 added subsec. (e).

1994 - Subsec. (d). Pub. L. 103-329 added subsec. (d).

1992 - Subsec. (a)(4). Pub. L. 102-378, Sec. 2(41)(A),

substituted ''officer,'' for ''officer (within the meaning of

section 8331(20) or 8401(17)),'' and realigned margin of closing

provision.

Subsec. (c). Pub. L. 102-378, Sec. 2(41)(B), amended second

sentence generally. Prior to amendment, second sentence read as

follows: ''In the case of an employee who would, were it not for

the preceding sentence, be subject to this section, hours of work

in excess of 8 hours in a day shall be deemed to be overtime hours

for the purposes of such section 7 and hours in a paid nonwork

status shall be deemed to be hours of work.''

1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(3)(E)), inserted ''(including any applicable locality-based

comparability payment under section 5304 or similar provision of

law and any applicable special rate of pay under section 5305 or

similar provision of law)'' after ''GS-10'' wherever appearing.

Subsec. (a)(4). Pub. L. 101-509, Sec. 529 (title IV, Sec.

410(a)), added par. (4).

Subsec. (c). Pub. L. 101-509, Sec. 529 (title II, Sec. 210(1)),

added subsec. (c).

1984 - Subsec. (b)(2)(B)(iv). Pub. L. 98-473 inserted '',

including travel by an employee to such an event and the return of

such employee from such event to his or her official-duty

station''.

1971 - Subsec. (a). Pub. L. 92-194 substituted ''For full-time,

part-time and intermittent tours of duty, hours'' for ''Hours''.

1968 - Subsec. (a)(3). Pub. L. 90-556 added par. (3).

1967 - Subsec. (b)(2)(B). Pub. L. 90-206 designated existing

provisions as cls. (i) and (iii) and added cls. (ii) and (iv).

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-558, Sec. 2(b), Dec. 21, 2000, 114 Stat. 2777, as

amended by Pub. L. 107-20, title II, Sec. 2605, July 24, 2001, 115

Stat. 178, provided that: ''The amendments made by this section

(amending this section) shall take effect on the date of enactment

of this Act (Dec. 21, 2000).''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(d)),

div. G, subdiv. B, title XXIII, Sec. 2316(d), Oct. 21, 1998, 112

Stat. 2681-50, 2681-102, 2681-829, provided that: ''The amendments

made by this section (amending this section and section 5545a of

this title) shall take effect on the first day of the first

applicable pay period -

''(1) which begins on or after the 90th day following the date

of the enactment of this Act (Oct. 21, 1998); and

''(2) on which date all regulations necessary to carry out such

amendments are (in the judgment of the Director of the Office of

Personnel Management and the Secretary of State) in effect.''

(Jan. 29, 1999, see 64 F.R. 4517.)

Amendment by section 101(h) (title VI, Sec. 628(a)(1)) of Pub. L.

105-277 effective on first day of first applicable pay period which

begins on or after Oct. 1, 1998, see section 101(h) (title VI, Sec.

628(e)) of Pub. L. 105-277, set out as a note under section 4109 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-329 effective first day of first

applicable pay period beginning on or after 30th day following

Sept. 30, 1994, with exceptions relating to criminal investigators

employed in Offices of Inspectors General, see section 633(e) of

Pub. L. 103-329, set out as an Effective Date note under section

5545a of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective as of first day of first

applicable pay period beginning on or after Oct. 2, 1992, see

section 9(b)(9) of Pub. L. 102-378, set out as a note under section

6303 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 529 (title I, Sec. 101(b)(3)(E), title II,

Sec. 210(1)) of 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.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 3 of Pub. L. 90-556 provided that: ''The amendments made

by this Act (amending this section and section 5545 of this title)

shall take effect on the first day of the first pay period which

begins on or after the thirtieth day after the date of enactment of

this Act (Oct. 10, 1968).''

EFFECTIVE DATE OF 1967 AMENDMENT

Section 220(a)(4) of title II of Pub. L. 90-206 provided that,

except as otherwise expressly provided: ''Sections 222 (enacting

section 5733 of this title and amending this section, section 5544

of this title, section 3571 of Title 39, The Postal Service), and

223 (enacting section 5345 of this title) shall become effective

thirty days after the date of enactment of this title (Dec. 16,

1967).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5543, 5545, 5545a, 5545b,

5546, 5547, 6123, 6128 of this title; title 2 section 1371; title

14 section 432; title 15 section 278e; title 32 section 709; title

49 section 1113.

-CITE-

5 USC Sec. 5543 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5543. Compensatory time off

-STATUTE-

(a) The head of an agency may -

(1) on request of an employee, grant the employee compensatory

time off from his scheduled tour of duty instead of payment under

section 5542 or section 7 of the Fair Labor Standards Act of 1938

for an equal amount of time spent in irregular or occasional

overtime work; and

(2) provide that an employee whose rate of basic pay is in

excess of the maximum rate of basic pay for GS-10 (including any

applicable locality-based comparability payment under section

5304 or similar provision of law and any applicable special rate

of pay under section 5305 or similar provision of law) shall be

granted compensatory time off from his scheduled tour of duty

equal to the amount of time spent in irregular or occasional

overtime work instead of being paid for that work under section

5542 of this title.

(b) The head of an agency may, on request of an employee, grant

the employee compensatory time off from the employee's scheduled

tour of duty instead of payment under section 5544 or section 7 of

the Fair Labor Standards Act of 1938 for an equal amount of time

spent in irregular or occasional overtime work. An agency head may

not require an employee to be compensated for overtime work with an

equivalent amount of compensatory time-off from the employee's tour

of duty.

(c) The Architect of the Capitol may grant an employee paid on an

annual basis compensatory time off from duty instead of overtime

pay for overtime work.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, Sec.

1(25), Sept. 11, 1967, 81 Stat. 200; Pub. L. 101-509, title V, Sec.

529 (title I, Sec. 101(b)(3)(E), title II, Sec. 210(2)), Nov. 5,

1990, 104 Stat. 1427, 1439, 1460; Pub. L. 104-201, div. A, title

XVI, Sec. 1610(a), Sept. 23, 1996, 110 Stat. 2738.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 912. June 30, 1945, ch.

212, Sec. 202, 59

Stat. 297. May 24,

1946, ch. 270, Sec.

9, 60 Stat. 218.

Sept. 1, 1954, ch.

1208, Sec. 204, 68

Stat. 1109.

-------------------------------

In subsection (a), the words ''head of an agency'' are

substituted for ''head of any department, independent

establishment, or agency, including Government-owned or controlled

corporations, or of the municipal government of the District of

Columbia, or the head of any legislative or judicial agency to

which this subchapter applies'' because of the definition of

''agency'' and the application stated in section 5541.

In subsection (a)(1), the word ''officer'' is omitted as included

in ''employee''.

In subsection (a)(2), the words ''at his own discretion'' are

omitted as unnecessary in view of the permissive nature of the

authority. The word ''officer'' is omitted as included in

''employee''. The word ''scheduled'' is omitted since section 603

of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847,

eliminated the necessity of referring to rates as scheduled or

longevity. Reference to the ''Classification Act of 1949, as

amended'' is omitted as unnecessary.

In subsection (b), the words ''in his discretion'' are omitted as

unnecessary in view of the permissive nature of the authority. The

words ''overtime work'' are substituted for ''any work in excess of

forty hours in any regularly scheduled administrative workweek''

because of the definition of ''overtime work'' in section 5542(a).

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)

---------------------------------------------------------------------

5543(a)(2) 5 App.: 912. July 18, 1966, Pub.

L. 89-504, Sec.

404(b), 80 Stat.

297.

-------------------------------

-REFTEXT-

REFERENCES IN TEXT

Section 7 of the Fair Labor Standards Act of 1938, referred to in

subsecs. (a)(1) and (b), is classified to section 207 of Title 29,

Labor.

GS-10, referred to in subsec. (a)(2), is contained in the General

Schedule which is set out under section 5332 of this title.

-MISC2-

AMENDMENTS

1996 - Subsecs. (b), (c). Pub. L. 104-201 added subsec. (b) and

redesignated former subsec. (b) as (c).

1990 - Subsec. (a)(1). Pub. L. 101-509, Sec. 529 (title II, Sec.

210(2)), inserted ''under section 5542 or section 7 of the Fair

Labor Standards Act of 1938'' after ''payment''.

Subsec. (a)(2). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(3)(E)), inserted ''(including any applicable locality-based

comparability payment under section 5304 or similar provision of

law and any applicable special rate of pay under section 5305 or

similar provision of law)'' after ''GS-10''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5544, 6123 of this title;

title 2 section 1371; title 14 section 432; title 15 section 278e;

title 32 section 709.

-CITE-

5 USC Sec. 5544 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5544. Wage-board overtime and Sunday rates; computation

-STATUTE-

(a) An employee whose pay is fixed and adjusted from time to time

in accordance with prevailing rates under section 5343 or 5349 of

this title, or by a wage board or similar administrative authority

serving the same purpose, is entitled to overtime pay for overtime

work in excess of 8 hours a day or 40 hours a week. However, an

employee subject to this subsection who regularly is required to

remain at or within the confines of his post of duty in excess of 8

hours a day in a standby or on-call status is entitled to overtime

pay only for hours of duty, exclusive of eating and sleeping time,

in excess of 40 a week. The overtime hourly rate of pay is

computed as follows:

(1) If the basic rate of pay of the employee is fixed on a

basis other than an annual or monthly basis, multiply the basic

hourly rate of pay by not less than one and one-half.

(2) If the basic rate of pay of the employee is fixed on an

annual basis, divide the basic annual rate of pay by 2,087, and

multiply the quotient by one and one-half.

(3) If the basic rate of pay of the employee is fixed on a

monthly basis, multiply the basic monthly rate of pay by 12 to

derive a basic annual rate of pay, divide the basic annual rate

of pay by 2,087, and multiply the quotient by one and one-half.

An employee subject to this subsection whose regular work schedule

includes an 8-hour period of service a part of which is on Sunday

is entitled to additional pay at the rate of 25 percent of his

hourly rate of basic pay for each hour of work performed during

that 8-hour period of service. For employees serving outside the

United States in areas where Sunday is a routine workday and

another day of the week is officially recognized as the day of rest

and worship, the Secretary of State may designate the officially

recognized day of rest and worship as the day with respect to which

the preceding sentence shall apply instead of Sunday. Time spent in

a travel status away from the official duty station of an employee

subject to this subsection is not hours of work unless the travel

(i) involves the performance of work while traveling, (ii) is

incident to travel that involves the performance of work while

traveling, (iii) is carried out under arduous conditions, or (iv)

results from an event which could not be scheduled or controlled

administratively. The first and third sentences of this subsection

shall not be applicable to an employee who is subject to the

overtime pay provisions of section 7 of the Fair Labor Standards

Act of 1938. In the case of an employee who would, were it not for

the preceding sentence, be subject to the first and third sentences

of this subsection, the Office of Personnel Management shall by

regulation prescribe what hours shall be deemed to be hours of work

and what hours of work shall be deemed to be overtime hours for the

purpose of such section 7 so as to ensure that no employee receives

less pay by reason of the preceding sentence.

(b) An employee under the Office of the Architect of the Capitol

who is paid on a daily or hourly basis and who is not subject to

chapter 51 and subchapter III of chapter 53 of this title is

entitled to overtime pay for overtime work in accordance with

subsection (a) of this section. The overtime hourly rate of pay is

computed in accordance with subsection (a)(1) of this section.

(c) The provisions of this section, including the last two

sentences of subsection (a) and the provisions of section 5543(b),

shall apply to a prevailing rate employee described in section

5342(a)(2)(B).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, Sec.

1(26)(A), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II,

Sec. 222(d), Dec. 16, 1967, 81 Stat. 641; Pub. L. 92-392, Sec. 5,

Aug. 19, 1972, 86 Stat. 573; Pub. L. 101-509, title V, Sec. 529

(title II, Sec. 210(3)), Nov. 5, 1990, 104 Stat. 1427, 1460; Pub.

L. 102-378, Sec. 2(42), Oct. 2, 1992, 106 Stat. 1352; Pub. L.

104-201, div. A, title XVI, Sec. 1610(b), Sept. 23, 1996, 110

Stat. 2738; Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec.

2317(1), Oct. 21, 1998, 112 Stat. 2681-829.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 673c (2d Mar. 28, 1934, ch.

proviso). 102, Sec. 23

(proviso), 48 Stat.

522.

Aug. 13, 1962, Pub.

L. 87-581, Sec. 201

(2d proviso), 76

Stat. 360.

5 U.S.C. 913. June 30, 1945, ch.

212, Sec. 203, 59

Stat. 297. Sept. 1,

1954, ch. 1208,

Sec. 205(a), 68

Stat. 1109.

(b) 5 U.S.C. 933 (as June 30, 1945, ch.

applicable to 5 212, Sec. 503 (as

U.S.C. 673c). applicable to Sec.

23 of the Act of

Mar. 28, 1934, ch.

102, 48 Stat. 522,

as amended), 59

Stat. 301.

-------------------------------

In subsection (a), former sections 673c (2d proviso) and 913 are

combined and restated for clarity and conciseness. The last 28

words of section 205(a) of the Act of Sept. 1, 1954, 68 Stat. 1109,

are omitted as executed and covered by technical section 8.

Subsection (b) is restated to conform to subsection (a). In

former section 933, the words ''Classification Act of 1949'' were

substituted for ''Classification Act of 1923'' on authority of

section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.

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)

---------------------------------------------------------------------

5544(a) 5 App.: 673c (last July 18, 1966, Pub.

proviso of 1st L. 89-504, Sec.

par.). 405(f), 80 Stat.

298.

-------------------------------

The words ''a part of which is on Sunday'' are coextensive with

and substituted for ''any part of which is within the period

commencing at midnight Saturday and ending at midnight Sunday.''

The words ''is entitled to additional pay'' are coextensive with

and substituted for ''shall be paid extra compensation.''

-REFTEXT-

REFERENCES IN TEXT

Section 7 of the Fair Labor Standards Act of 1938, referred to in

subsec. (a), is classified to section 207 of Title 29, Labor.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277, which directed the amendment

of subsec. (a) by inserting after the fourth sentence ''For

employees serving outside the United States in areas where Sunday

is a routine workday and another day of the week is officially

recognized as the day of rest and worship, the Secretary of State

may designate the officially recognized day of rest and worship as

the day with respect to which the preceding sentence shall apply

instead of Sunday.'', was executed by making the insertion after

the first sentence of the concluding provisions, to reflect the

probable intent of Congress.

1996 - Subsec. (c). Pub. L. 104-201 inserted ''and the provisions

of section 5543(b)'' after ''the last two sentences of subsection

(a)''.

1992 - Subsec. (a). Pub. L. 102-378, Sec. 2(42)(B), amended last

two sentences generally. Prior to amendment, last two sentences

read as follows: ''This section, other than the sixth sentence,

shall not be applicable to an employee who is subject to the

overtime pay provisions of section 7 of the Fair Labor Standards

Act of 1938. In the case of an employee who would, were it not for

the preceding sentence, be subject to this section, hours of work

in excess of 8 hours in a day shall be deemed to be overtime hours

for the purposes of such section 7 and hours in a paid nonwork

status shall be deemed to be hours of work.''

Subsec. (a)(2), (3). Pub. L. 102-378, Sec. 2(42)(A), substituted

''2,087'' for ''2,080''.

Subsec. (c). Pub. L. 102-378, Sec. 2(42)(C), added subsec. (c).

1990 - Subsec. (a). Pub. L. 101-509 inserted at end ''This

section, other than the sixth sentence, shall not be applicable to

an employee who is subject to the overtime pay provisions of

section 7 of the Fair Labor Standards Act of 1938. In the case of

an employee who would, were it not for the preceding sentence, be

subject to this section, hours of work in excess of 8 hours in a

day shall be deemed to be overtime hours for the purposes of such

section 7 and hours in a paid nonwork status shall be deemed to be

hours of work.''

1972 - Subsec. (a). Pub. L. 92-392 substituted ''pay'' for

''basic pay'' and provided for determination of pay under section

5343 or 5349 of this title.

1967 - Subsec. (a). Pub. L. 90-206 provided that time spent in a

travel status away from the official duty station could not qualify

as hours of work unless the travel involved the performance of work

while traveling, was incident to travel involving the performance

of work while traveling, carried out under arduous conditions, or

resulting from an event which could not be scheduled or controlled

administratively.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective as of first day of first

applicable pay period beginning on or after Oct. 2, 1992, see

section 9(b)(9) of Pub. L. 102-378, set out as a note under section

6303 of this title.

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.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective thirty days after Dec. 16,

1967, see section 220(a)(4) of Pub. L. 90-206, set out as a note

under section 5542 of this title.

CANAL ZONE EMPLOYEES

Section 17(3) of Pub. L. 85-550, July 25, 1958, 72 Stat. 411,

provided that nothing in Pub. L. 85-550, which related to wage and

employment practices of the Government of the United States in the

Canal Zone, should affect the applicability of former sections 673c

and 913 of this title (covered by this section) to those classes of

employees, within the scope of former sections 673c and 913 of this

title (covered by this section) on July 25, 1958.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5541, 5543, 6123, 6128 of

this title; title 2 sections 60e-2b, 1371; title 14 section 432;

title 15 section 278e; title 32 section 709.

-CITE-

5 USC Sec. 5545 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5545. Night, standby, irregular, and hazardous duty

differential

-STATUTE-

(a) Except as provided by subsection (b) of this section,

nightwork is regularly scheduled work between the hours of 6:00

p.m. and 6:00 a.m., and includes -

(1) periods of absence with pay during these hours due to

holidays; and

(2) periods of leave with pay during these hours if the periods

of leave with pay during a pay period total less than 8 hours.

Except as otherwise provided by subsection (c) of this section, an

employee is entitled to pay for nightwork at his rate of basic pay

plus premium pay amounting to 10 percent of that basic rate. This

subsection and subsection (b) of this section do not modify section

5141 of title 31, or other statute authorizing additional pay for

nightwork.

(b) The head of an agency may designate a time after 6:00 p.m.

and a time before 6:00 a.m. as the beginning and end, respectively,

of nightwork for the purpose of subsection (a) of this section, at

a post outside the United States where the customary hours of

business extend into the hours of nightwork provided by subsection

(a) of this section.

(c) The head of an agency, with the approval of the Office of

Personnel Management, may provide that -

(1) an employee in a position requiring him regularly to remain

at, or within the confines of, his station during longer than

ordinary periods of duty, a substantial part of which consists of

remaining in a standby status rather than performing work, shall

receive premium pay for this duty on an annual basis instead of

premium pay provided by other provisions of this subchapter,

except for irregular, unscheduled overtime duty in excess of his

regularly scheduled weekly tour. Premium pay under this

paragraph is determined as an appropriate percentage, not in

excess of 25 percent, of such part of the rate of basic pay for

the position as does not exceed the minimum rate of basic pay for

GS-10 (including any applicable locality-based comparability

payment under section 5304 or similar provision of law and any

applicable special rate of pay under section 5305 or similar

provision of law) (or, for a position described in section

5542(a)(3) of this title, of the basic pay of the position), by

taking into consideration the number of hours of actual work

required in the position, the number of hours required in a

standby status at or within the confines of the station, the

extent to which the duties of the position are made more onerous

by night, Sunday, or holiday work, or by being extended over

periods of more than 40 hours a week, and other relevant factors;

or

(2) an employee in a position in which the hours of duty cannot

be controlled administratively, and which requires substantial

amounts of irregular, unscheduled overtime duty with the employee

generally being responsible for recognizing, without supervision,

circumstances which require the employee to remain on duty, shall

receive premium pay for this duty on an annual basis instead of

premium pay provided by other provisions of this subchapter,

except for regularly scheduled overtime, night, and Sunday duty,

and for holiday duty. Premium pay under this paragraph is an

appropriate percentage, not less than 10 percent nor more than 25

percent, of the rate of basic pay for the position, as determined

by taking into consideration the frequency and duration of

irregular, unscheduled overtime duty required in the position.

(d) The Office shall establish a schedule or schedules of pay

differentials for duty involving unusual physical hardship or

hazard. Under such regulations as the Office may prescribe, and

for such minimum periods as it determines appropriate, an employee

to whom chapter 51 and subchapter III of chapter 53 of this title

applies is entitled to be paid the appropriate differential for any

period in which he is subjected to physical hardship or hazard not

usually involved in carrying out the duties of his position.

However, the pay differential -

(1) does not apply to an employee in a position the

classification of which takes into account the degree of physical

hardship or hazard involved in the performance of the duties

thereof, except in such circumstances as the Office may by

regulation prescribe; and

(2) may not exceed an amount equal to 25 percent of the rate of

basic pay applicable to the employee.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 487; Pub. L. 90-83, Sec.

1(27), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, Sec.

217, Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-556, Sec. 2, Oct. 10,

1968, 82 Stat. 969; Pub. L. 91-231, Sec. 8, Apr. 15, 1970, 84 Stat.

198; Pub. L. 94-183, Sec. 2(23), Dec. 31, 1975, 89 Stat. 1058; Pub.

L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.

1224; Pub. L. 96-54, Sec. 2(a)(32), Aug. 14, 1979, 93 Stat. 383;

Pub. L. 97-258, Sec. 3(a)(13), Sept. 13, 1982, 96 Stat. 1063; Pub.

L. 101-173, Sec. 1(a), Nov. 27, 1989, 103 Stat. 1292; Pub. L.

101-509, title V, Sec. 529 (title I, Sec. 101(b)(3)(E), title II,

Sec. 203), Nov. 5, 1990, 104 Stat. 1427, 1439, 1456; Pub. L.

102-378, Sec. 3(2), Oct. 2, 1992, 106 Stat. 1355.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a), (b) 5 U.S.C. 921. June 30, 1945, ch.

212, Sec. 301, 59

Stat. 298. May 24,

1946, ch. 270, Sec.

10, 60 Stat. 218.

Sept. 1, 1954, ch.

1208, Sec. 206, 68

Stat. 1110.

(c) 5 U.S.C. 926. Sept. 1, 1954, ch.

1208, Sec. 208(a),

68 Stat. 1111. July

18, 1958, Pub. L.

85-525, 72 Stat.

363.

-------------------------------

In subsection (b), the words ''head of an agency'' are

substituted for ''head of any department, independent

establishment, or agency, including Government-owned or controlled

corporations'' because of the definition of ''agency'' and the

application stated in section 5541. The words ''the United States''

are substituted for ''the several States and the District of

Columbia''.

In subsection (c), the words ''head of an agency'' are

substituted for ''head of any department, independent

establishment, or agency, including Government-owned or controlled

corporations, or of the municipal government of the District of

Columbia'' because of the definition of ''agency'' and the

application stated in section 5541. The word ''officer'' is omitted

as included in ''employee''. The word ''scheduled'' is omitted

since section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76

Stat. 847, eliminated the necessity of referring to rates as

scheduled or longevity. Reference to the ''Classification Act of

1949, as amended'' is omitted as unnecessary.

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)

---------------------------------------------------------------------

5545(c) 5 App.: 926. July 18, 1966, Pub.

L. 89-504 Sec.

404(c), 405(d),

(e), 80 Stat. 297,

298.

5545(d) 5 App.: 1134. July 19, 1966, Pub.

L. 89-512, Sec. 1,

80 Stat. 318.

-------------------------------

In the second sentence of subsection (d), the words ''Under such

regulations as the Commission may prescribe, and for such minimum

periods as it determines appropriate'' are substituted for clauses

(3) and (4) of the third sentence of 5 App. U.S.C. 1134. That

requirement in clause (4) that the Commission prescribe regulations

is codified in 5 U.S.C. 5548(b) by section 1 (32) of this bill.

The words ''an employee to whom chapter 51 and subchapter III of

chapter 53 of this title applies is entitled to be paid the

appropriate differential'' are substituted for ''The appropriate

differential shall be paid to any officer or employee to whom this

Act applies'' to reflect the codification of that act

(Classification Act of 1949) in title 5, United States Code, and to

conform with the definitions applicable.

In subsection (d)(1), the words ''does not apply to an employee''

are substituted for ''shall not be applicable with respect to any

officer or employee.''

In subsection (d)(2), the words ''may not . . . applicable to the

employee'' are substituted for ''shall not . . . applicable with

respect to such officer or employee''.

-REFTEXT-

REFERENCES IN TEXT

GS-10, referred to in subsec. (c)(1), is contained in the General

Schedule which is set out under section 5332 of this title.

-MISC2-

AMENDMENTS

1992 - Subsec. (d). Pub. L. 102-378 made technical correction to

directory language of Pub. L. 101-509, Sec. 529 (title II, Sec.

203). See 1990 Amendment note below.

1990 - Subsec. (c)(1). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(3)(E)), inserted ''(including any applicable locality-based

comparability payment under section 5304 or similar provision of

law and any applicable special rate of pay under section 5305 or

similar provision of law)'' after ''GS-10''.

Subsec. (d). Pub. L. 101-509, Sec. 529 (title II, Sec. 203), as

amended by Pub. L. 102-378, struck out ''irregular or

intermittent'' before ''duty involving unusual'' in first sentence

and inserted '', except in such circumstances as the Office may by

regulation prescribe'' after ''thereof'' in par. (1).

1989 - Subsec. (c)(2). Pub. L. 101-173 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''an

employee in a position in which the hours of duty cannot be

controlled administratively, and which requires substantial amounts

of irregular, unscheduled, overtime duty with the employee

generally being responsible for recognizing, without supervision,

circumstances which require him to remain on duty, shall receive

premium pay for this duty on an annual basis instead of premium pay

provided by other provisions of this subchapter, except for

regularly scheduled overtime, night, and Sunday duty, and for

holiday duty. Premium pay under this paragraph is determined as an

appropriate percentage, not less than 10 percent nor more than 25

percent, of such part of the rate of basic pay for the position as

does not exceed the minimum rate of basic pay for GS-10, by taking

into consideration the frequency and duration of irregular

unscheduled overtime duty required in the position.''

1982 - Subsec. (a). Pub. L. 97-258 substituted ''section 5141''

for ''section 180''.

1979 - Subsec. (c)(2). Pub. L. 96-54 substituted ''percent'' for

''per centum'' wherever appearing.

1978 - Subsecs. (c), (d). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission'' wherever appearing.

1975 - Pub. L. 94-183 struck out ''Sunday,'' after ''Night,'' in

section catchline.

1970 - Subsec. (c)(2). Pub. L. 91-231 corrected the system of

premium compensation of employees whose work schedules cannot be

administratively controlled by providing for separate treatment for

irregular, unscheduled, and overtime duty on one hand and for duty

at night, on Sundays, and on holidays on the other.

1968 - Subsec. (c)(1). Pub. L. 90-556 inserted ''(or, for a

position described in section 5542(a)(3) of this title, of the

basic pay of the position)'' after ''GS-10''.

1967 - Subsec. (e)(2). Pub. L. 90-206 substituted ''not less than

10 percent nor more than 25 percent'' for ''not in excess of 15

percent''.

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.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 1(b) of Pub. L. 101-173 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to overtime duty performed on or after the first day of the

first applicable pay period beginning after September 30, 1990.''

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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-231 effective Apr. 15, 1970, see section

9(b) of Pub. L. 91-231, set out in a 1970 Increase in Pay Rates

note under section 5332 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-556 effective on first day of first pay

period beginning on or after thirtieth day after Oct. 10, 1968, see

section 3 of Pub. L. 90-556, set out as a note under section 5542

of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective at beginning of first pay

period which begins on or after Dec. 16, 1967, see section

220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of

Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5541, 5545a, 5546, 5547,

5548, 5595, 6123, 8114, 8331, 8704 of this title; title 2 section

1371; title 14 section 432; title 15 section 278e; title 38 section

7457.

-CITE-

5 USC Sec. 5545a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5545a. Availability pay for criminal investigators

-STATUTE-

(a) For purposes of this section -

(1) the term ''available'' refers to the availability of a

criminal investigator and means that an investigator shall be

considered generally and reasonably accessible by the agency

employing such investigator to perform unscheduled duty based on

the needs of an agency;

(2) the term ''criminal investigator'' means a law enforcement

officer as defined under section 5541(3) (other than an officer

occupying a position under title II of Public Law 99-399, subject

to subsection (k)) who is required to -

(A) possess a knowledge of investigative techniques, laws of

evidence, rules of criminal procedure, and precedent court

decisions concerning admissibility of evidence, constitutional

rights, search and seizure, and related issues;

(B) recognize, develop, and present evidence that

reconstructs events, sequences and time elements for

presentation in various legal hearings and court proceedings;

(C) demonstrate skills in applying surveillance techniques,

undercover work, and advising and assisting the United States

Attorney in and out of court;

(D) demonstrate the ability to apply the full range of

knowledge, skills, and abilities necessary for cases which are

complex and unfold over a long period of time (as distinguished

from certain other occupations that require the use of some

investigative techniques in short-term situations that may end

in arrest or detention);

(E) possess knowledge of criminal laws and Federal rules of

procedure which apply to cases involving crimes against the

United States, including -

(i) knowledge of the elements of a crime;

(ii) evidence required to prove the crime;

(iii) decisions involving arrest authority;

(iv) methods of criminal operations; and

(v) availability of detection devices; and

(F) possess the ability to follow leads that indicate a crime

will be committed rather than initiate an investigation after a

crime is committed;

(3) the term ''unscheduled duty'' means hours of duty a

criminal investigator works, or is determined to be available for

work, that are not -

(A) part of the 40 hours in the basic work week of the

investigator; or

(B) overtime hours paid under section 5542; and

(4) the term ''regular work day'' means each day in the

investigator's basic work week during which the investigator

works at least 4 hours that are not overtime hours paid under

section 5542 or hours considered part of section 5545a.

(b) The purpose of this section is to provide premium pay to

criminal investigators to ensure the availability of criminal

investigators for unscheduled duty in excess of a 40 hour work week

based on the needs of the employing agency.

(c) Each criminal investigator shall be paid availability pay as

provided under this section. Availability pay shall be paid to

ensure the availability of the investigator for unscheduled duty.

The investigator is generally responsible for recognizing, without

supervision, circumstances which require the investigator to be on

duty or be available for unscheduled duty based on the needs of the

agency. Availability pay provided to a criminal investigator for

such unscheduled duty shall be paid instead of premium pay provided

by other provisions of this subchapter, except premium pay for

regularly scheduled overtime work as provided under section 5542,

night duty, Sunday duty, and holiday duty.

(d)(1) A criminal investigator shall be paid availability pay, if

the average of hours described under paragraph (2)(A) and (B) is

equal to or greater than 2 hours.

(2) The hours referred to under paragraph (1) are -

(A) the annual average of unscheduled duty hours worked by the

investigator in excess of each regular work day; and

(B) the annual average of unscheduled duty hours such

investigator is available to work on each regular work day upon

request of the employing agency.

(3) Unscheduled duty hours which are worked by an investigator on

days that are not regular work days shall be considered in the

calculation of the annual average of unscheduled duty hours worked

or available for purposes of certification.

(4) An investigator shall be considered to be available when the

investigator cannot reasonably and generally be accessible due to a

status or assignment which is the result of an agency direction,

order, or approval as provided under subsection (f)(1).

(e)(1) Each criminal investigator receiving availability pay

under this section and the appropriate supervisory officer, to be

designated by the head of the agency, shall make an annual

certification to the head of the agency that the investigator has

met, and is expected to meet, the requirements of subsection (d).

The head of a law enforcement agency may prescribe regulations

necessary to administer this subsection.

(2) Involuntary reduction in pay resulting from a denial of

certification under paragraph (1) shall be a reduction in pay for

purposes of section 7512(4) of this title.

(f)(1) A criminal investigator who is eligible for availability

pay shall receive such pay during any period such investigator is -

(A) attending agency sanctioned training;

(B) on agency approved sick leave or annual leave;

(C) on agency ordered travel status; or

(D) on excused absence with pay for relocation purposes.

(2) Notwithstanding paragraph (1)(A), agencies or departments may

provide availability pay to investigators during training which is

considered initial, basic training usually provided in the first

year of service.

(3) Agencies or departments may provide availability pay to

investigators when on excused absence with pay, except as provided

in paragraph (1)(D).

(g) Section 5545(c) shall not apply to any criminal investigator

who is paid availability pay under this section.

(h) Availability pay under this section shall be -

(1) 25 percent of the rate of basic pay for the position; and

(2) treated as part of the basic pay for purposes of -

(A) sections 5595(c), 8114(e), 8331(3), and 8704(c); and

(B) such other purposes as may be expressly provided for by

law or as the Office of Personnel Management may by regulation

prescribe.

(i) The provisions of subsections (a)-(h) providing for

availability pay shall apply to a pilot employed by the United

States Customs Service who is a law enforcement officer as defined

under section 5541(3). For the purpose of this section, section

5542(d) of this title, and section 13(a)(16) and (b)(30) of the

Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and

(b)(30)), such pilot shall be deemed to be a criminal investigator

as defined in this section. The Office of Personnel Management may

prescribe regulations to carry out this subsection.

(j) Notwithstanding any other provision of this section, any

Office of Inspector General which employs fewer than 5 criminal

investigators may elect not to cover such criminal investigators

under this section.

(k)(1) For purposes of this section, the term ''criminal

investigator'' includes a special agent occupying a position under

title II of Public Law 99-399 if such special agent -

(A) meets the definition of such term under paragraph (2) of

subsection (a) (applied disregarding the parenthetical matter

before subparagraph (A) thereof); and

(B) such special agent satisfies the requirements of subsection

(d) without taking into account any hours described in paragraph

(2)(B) thereof.

(2) In applying subsection (h) with respect to a special agent

under this subsection -

(A) any reference in such subsection to ''basic pay'' shall be

considered to include amounts designated as ''salary'';

(B) paragraph (2)(A) of such subsection shall be considered to

include (in addition to the provisions of law specified therein)

sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act

of 1980; and

(C) paragraph (2)(B) of such subsection shall be applied by

substituting for ''Office of Personnel Management'' the

following: ''Office of Personnel Management or the Secretary of

State (to the extent that matters exclusively within the

jurisdiction of the Secretary are concerned)''.

-SOURCE-

(Added Pub. L. 103-329, title VI, Sec. 633(b)(1), Sept. 30, 1994,

108 Stat. 2425; amended Pub. L. 104-19, title I, Sec. 901, 902(a),

July 27, 1995, 109 Stat. 230; Pub. L. 104-208, div. A, title I,

Sec. 101(f) (title VI, Sec. 659 (title II, Sec. 206(b)(2))), Sept.

30, 1996, 110 Stat. 3009-314, 3009-372, 3009-378; Pub. L. 105-277,

div. A, Sec. 101(b) (title IV, Sec. 407(a), (c)(1)), div. G,

subdiv. B, title XXIII, Sec. 2316(a), (c)(1), Oct. 21, 1998, 112

Stat. 2681-50, 2681-101, 2681-102, 2681-828.)

-REFTEXT-

REFERENCES IN TEXT

Title II of Public Law 99-399, referred to in subsecs. (a)(2) and

(k)(1), is title II of Pub. L. 99-399, Aug. 27, 1986, 100 Stat.

858, as amended, which is classified generally to subchapter II

(Sec. 4821 et seq.) of chapter 58 of Title 22, Foreign Relations

and Intercourse. For complete classification of this Act to the

Code, see Short Title note set out under section 4801 of Title 22

and Tables.

Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act

of 1980, referred to in subsec. (k)(2)(B), are classified to

sections 4009(b)(1), 4045, 4046, and 4071e, respectively, of Title

22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(b) (title IV,

Sec. 407(c)(1)) and Sec. 2316(c)(1), amended subsec. (a)(2)

identically, substituting ''Public Law 99-399, subject to

subsection (k))'' for ''Public Law 99-399)'' in introductory

provisions.

Subsec. (k). Pub. L. 105-277, Sec. 101(b) (title IV, Sec. 407(a))

and Sec. 2316(a), amended section identically, adding subsec. (k).

1996 - Subsec. (h)(2)(A). Pub. L. 104-208 struck out ''8431,''

after ''8331(3),''.

1995 - Subsec. (a)(2). Pub. L. 104-19, Sec. 901(1)(A), inserted

''who'' before ''is required to'' in introductory provisions.

Subsec. (a)(2)(E)(v). Pub. L. 104-19, Sec. 901(1)(B), inserted

''and'' at end.

Subsec. (i). Pub. L. 104-19, Sec. 902(a), added subsec. (i).

Subsec. (j). Pub. L. 104-19, Sec. 901(2), added subsec. (j).

EFFECTIVE DATE OF 1998 AMENDMENT

For effective date of amendment by Pub. L. 105-277, see section

101(b) (title IV, Sec. 407(d)) and section 2316(d) of Pub. L.

105-277, set out as a note under section 5542 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(f) (title VI, Sec. 659 (title II, Sec. 207)) of Pub.

L. 104-208 provided that: ''This title (title II (Sec. 201-207) of

section 659 of section 101(f) of Pub. L. 104-208, amending this

section and sections 8351, 8401, 8433, 8435, and 8440a to 8440c of

this title, repealing section 8431 of this title, enacting

provisions set out as notes under sections 8401 and 8433 of this

title, and amending provisions set out as a note under section 5343

of this title) shall take effect on the date of the enactment of

this Act (Sept. 30, 1996) and withdrawals and elections as provided

under the amendments made by this title shall be made at the

earliest practicable date as determined by the Executive Director

in regulations.''

EFFECTIVE DATE OF 1995 AMENDMENT

Section 902(b) of Pub. L. 104-19 provided that: ''The amendment

made by subsection (a) of this section (amending this section)

shall take effect on the first day of the first applicable pay

period which begins on or after the 30th day following the date of

enactment of this Act (July 27, 1995).''

EFFECTIVE DATE

Section 633(e) of Pub. L. 103-329 provided that: ''The amendments

made by this section (enacting this section and amending sections

5542 and 5547 of this title and section 213 of Title 29, Labor)

shall take effect on the first day of the first applicable pay

period which begins on or after the later of October 1, 1994, or

the 30th day following the date of enactment of this Act (Sept. 30,

1994), except that:

''(1) Criminal investigators, employed in Offices of Inspectors

General, who are not receiving administratively uncontrollable

overtime compensation or who are receiving such premium pay at a

rate less than 25 percent prior to the date of enactment of this

Act, may implement availability pay at any time prior to

September 30, 1995, after which date availability pay as

authorized under this section shall be provided to such criminal

investigators.

''(2) Criminal investigators, employed by Offices of Inspectors

General, who are receiving administratively uncontrollable

overtime at a rate less than 25 percent, shall continue to

receive this compensation at the same rate or higher until

availability pay compensation is provided, which shall be no

later than the last pay period ending on or before September 30,

1995.''

IMPLEMENTATION

Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(b)),

div. G, subdiv. B, title XXIII, Sec. 2316(b), Oct. 21, 1998, 112

Stat. 2681-50, 2681-102, 2681-828, provided that: ''Not later than

the date on which the amendments made by this section (amending

this section and section 5542 of this title) take effect (see

Effective Date of 1998 Amendment note set out above), each special

agent of the Diplomatic Security Service who satisfies the

requirements of subsection (k)(1) of section 5545a of title 5,

United States Code, as amended by this section, and the appropriate

supervisory officer, to be designated by the Secretary of State,

shall make an initial certification to the Secretary of State that

the special agent is expected to meet the requirements of

subsection (d) of such section 5545a. The Secretary of State may

prescribe procedures necessary to administer this subsection.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

CERTIFICATION OF CRIMINAL INVESTIGATORS

Section 633(f) of Pub. L. 103-329 provided that: ''Not later than

the effective date of this section (see Effective Date note above),

each criminal investigator under section 5545a of title 5, United

States Code, as added by this section, and the appropriate

supervisory officer, to be designated by the head of the agency,

shall make an initial certification to the head of the agency that

the criminal investigator is expected to meet the requirements of

subsection (d) of such section 5545a. The head of a law enforcement

agency may prescribe procedures necessary to administer this

paragraph.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5542, 5547, 8331 of this

title; title 2 section 1371; title 29 section 213.

-CITE-

5 USC Sec. 5545b 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5545b. Pay for firefighters

-STATUTE-

(a) This section applies to an employee whose position is

classified in the firefighter occupation in conformance with the

GS-081 standard published by the Office of Personnel Management,

and whose normal work schedule, as in effect throughout the year,

consists of regular tours of duty which average at least 106 hours

per biweekly pay period.

(b)(1) If the regular tour of duty of a firefighter subject to

this section generally consists of 24-hour shifts, rather than a

basic 40-hour workweek (as determined under regulations prescribed

by the Office of Personnel Management), section 5504(b) shall be

applied as follows in computing pay -

(A) paragraph (1) of such section shall be deemed to require

that the annual rate be divided by 2756 to derive the hourly

rate; and

(B) the computation of such firefighter's daily, weekly, or

biweekly rate shall be based on the hourly rate under

subparagraph (A);

(2) For the purpose of sections 5595(c), 5941, 8331(3), and

8704(c), and for such other purposes as may be expressly provided

for by law or as the Office of Personnel Management may by

regulation prescribe, the basic pay of a firefighter subject to

this subsection shall include an amount equal to the firefighter's

basic hourly rate (as computed under paragraph (1)(A)) for all

hours in such firefighter's regular tour of duty (including

overtime hours).

(c)(1) If the regular tour of duty of a firefighter subject to

this section includes a basic 40-hour workweek (as determined under

regulations prescribed by the Office of Personnel Management),

section 5504(b) shall be applied as follows in computing pay -

(A) the provisions of such section shall apply to the hours

within the basic 40-hour workweek;

(B) for hours outside the basic 40-hour workweek, such section

shall be deemed to require that the hourly rate be derived by

dividing the annual rate by 2756; and

(C) the computation of such firefighter's daily, weekly, or

biweekly rate shall be based on subparagraphs (A) and (B), as

each applies to the hours involved.

(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c),

and for such other purposes as may be expressly provided for by law

or as the Office of Personnel Management may by regulation

prescribe, the basic pay of a firefighter subject to this

subsection shall include -

(A) an amount computed under paragraph (1)(A) for the hours

within the basic 40-hour workweek; and

(B) an amount equal to the firefighter's basic hourly rate (as

computed under paragraph (1)(B)) for all hours outside the basic

40-hour workweek that are within such firefighter's regular tour

of duty (including overtime hours).

(d)(1) A firefighter who is subject to this section shall receive

overtime pay in accordance with section 5542, but shall not receive

premium pay provided by other provisions of this subchapter.

(2) For the purpose of applying section 7(k) of the Fair Labor

Standards Act of 1938 to a firefighter who is subject to this

section, no violation referred to in such section 7(k) shall be

deemed to have occurred if the requirements of section 5542(a) are

met, applying section 5542(a) as provided in subsection (f) of that

section: Provided, That the overtime hourly rate of pay for such

firefighter shall in all cases be an amount equal to one and

one-half times the firefighter's hourly rate of basic pay under

subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.

(3) The Office of Personnel Management may prescribe regulations,

with respect to firefighters subject to this section, that would

permit an agency to reduce or eliminate the variation in the amount

of firefighters' biweekly pay caused by work scheduling cycles that

result in varying hours in the regular tours of duty from pay

period to pay period. Under such regulations, the pay that a

firefighter would otherwise receive for regular tours of duty over

the work scheduling cycle shall, to the extent practicable, remain

unaffected.

(4) Notwithstanding section 8114(e)(1), overtime pay for a

firefighter subject to this section for hours in a regular tour of

duty shall be included in any computation of pay under section

8114.

-SOURCE-

(Added Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.

628(a)(2)), Oct. 21, 1998, 112 Stat. 2681-480, 2681-519; amended

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 641(a)), Dec. 21,

2000, 114 Stat. 2763, 2763A-169.)

-REFTEXT-

REFERENCES IN TEXT

Section 7(k) of the Fair Labor Standards Act of 1938, referred to

in subsec. (d)(2), is classified to section 207(k) of Title 29,

Labor.

-MISC2-

AMENDMENTS

2000 - Subsec. (d)(4). Pub. L. 106-554 added par. (4).

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 641(b)), Dec. 21,

2000, 114 Stat. 2763, 2763A-169, provided that: ''The amendment in

subsection (a) (amending this section) shall be effective as if it

had been enacted as part of the Federal Firefighters Overtime Pay

Reform Act of 1998 (Pub. L. 105-277, div A, Sec. 101(h) (title VI,

Sec. 628)) (112 Stat. 2681-519).''

EFFECTIVE DATE

Section effective on first day of first applicable pay period

which begins on or after Oct. 1, 1998, see section 101(h) (title

VI, Sec. 628(e)) of Pub. L. 105-277, set out as an Effective Date

of 1998 Amendment note under section 4109 of this title.

REGULATIONS

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(f)),

Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ''Under

regulations prescribed by the Office of Personnel Management, a

firefighter subject to section 5545b of title 5, United States

Code, as added by this section, whose regular tours of duty average

60 hours or less per workweek and do not include a basic 40-hour

workweek, shall, upon implementation of this section, be granted an

increase in basic pay equal to 2 step-increases of the applicable

General Schedule grade, and such increase shall not be an

equivalent increase in pay. If such increase results in a change

to a longer waiting period for the firefighter's next step

increase, the firefighter shall be credited with an additional year

of service for the purpose of such waiting period. If such

increase results in a rate of basic pay which is above the maximum

rate of the applicable grade, such resulting pay rate shall be

treated as a retained rate of basic pay in accordance with section

5363 of title 5, United States Code.''

ELIGIBILITY FOR PAY INCREASE

Pub. L. 106-31, title III, Sec. 3032, May 21, 1999, 113 Stat.

104, provided that:

''(a) The treatment provided to firefighters under section 628(f)

of the Treasury and General Government Appropriations Act, 1999 (as

included in section 101(h) of division A of the Omnibus

Consolidated and Emergency Supplemental Appropriations Act, 1999

(Public Law 105-277)) (set out as a note above) shall be provided

to any firefighter who -

''(1) on the effective date of section 5545b of title 5, United

States Code (see Effective Date note above) -

''(A) was subject to such section; and

''(B) had a regular tour of duty that averaged more than 60

hours per week; and

''(2) before December 31, 1999, is involuntarily moved without

a break in service from the regular tour of duty under paragraph

(1) to a regular tour of duty that -

''(A) averages 60 hours or less per week; and

''(B) does not include a basic 40-hour workweek.

''(b) Subsection (a) shall apply to firefighters described under

that subsection as of the effective date of section 5545b of title

5, United States Code.

''(c) The Office of Personnel Management may prescribe

regulations necessary to implement this section.''

NO REDUCTION IN REGULAR PAY

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(g)),

Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ''Under

regulations prescribed by the Office of Personnel Management, the

regular pay (over the established work scheduling cycle) of a

firefighter subject to section 5545b of title 5, United States

Code, as added by this section, shall not be reduced as a result of

the implementation of this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4109, 5542, 5547, 8331 of

this title.

-CITE-

5 USC Sec. 5546 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5546. Pay for Sunday and holiday work

-STATUTE-

(a) An employee who performs work during a regularly scheduled

8-hour period of service which is not overtime work as defined by

section 5542(a) of this title a part of which is performed on

Sunday is entitled to pay for the entire period of service at the

rate of his basic pay, plus premium pay at a rate equal to 25

percent of his rate of basic pay. For employees serving outside

the United States in areas where Sunday is a routine workday and

another day of the week is officially recognized as the day of rest

and worship, the Secretary of State may designate the officially

recognized day of rest and worship as the day with respect to which

the preceding sentence shall apply instead of Sunday.

(b) An employee who performs work on a holiday designated by

Federal Statute, Executive order, or with respect to an employee of

the government of the District of Columbia, by order of the

District of Columbia Council, is entitled to pay at the rate of his

basic pay, plus premium pay at a rate equal to the rate of his

basic pay, for that holiday work which is not -

(1) in excess of 8 hours; or

(2) overtime work as defined by section 5542(a) of this title.

(c) An employee who is required to perform any work on a

designated holiday is entitled to pay for at least 2 hours of

holiday work.

(d) An employee who performs overtime work as defined by section

5542(a) of this title on a Sunday or a designated holiday is

entitled to pay for that overtime work in accordance with section

5542(a) of this title.

(e) Premium pay under this section is in addition to premium pay

which may be due for the same work under section 5545(a) and (b) of

this title, providing premium pay for nightwork.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.

1(29), Sept. 11, 1967, 81 Stat. 201; Pub. L. 90-623, Sec. 1(13),

Oct. 22, 1968, 82 Stat. 1312; Pub. L. 105-277, div. G, subdiv. B,

title XXIII, Sec. 2317(2), Oct. 21, 1998, 112 Stat. 2681-829.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 922. June 30, 1945, ch.

212, Sec. 302, 59

Stat. 298.

May 24, 1946, ch.

270, Sec. 11, 60

Stat. 218.

Sept. 1, 1954, ch.

1208, Sec. 207, 68

Stat. 1110.

July 18, 1958, Pub.

L. 85-533, Sec. 1,

72 Stat. 377.

-------------------------------

In subsections (a) and (b), the word ''officer'' is omitted as

included in ''employee''.

In subsections (b) and (c), the word ''designated'' is

substituted for ''such a'' and ''such'' in former section 922(b)

and (c) to identify the holiday as one designated by statute,

Executive order, or the Board of Commissioners of the District of

Columbia.

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)

---------------------------------------------------------------------

5546(a) 5 App.: 921a. July 18, 1966, Pub.

L. 89-504, Sec.

405(b)(1), (c), 80

Stat. 297.

-------------------------------

In subsection (a), the words ''An employee who performs work . .

. is entitled to pay . . . at the rate of his basic pay'' are

coextensive with and substituted for ''Any . . . service . . .

performed . . . shall be compensated . . . at the rate of basic

compensation of the officer or employee performing such work.'' The

words ''section 5542(a) of this title'' are substituted for

''section 201 of this Act'' to reflect the codification of that

section in title 5, United States Code. The words ''between

midnight Saturday and midnight Sunday'' are coextensive with and

substituted for ''within the period commencing at midnight Saturday

and ending at midnight Sunday''.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 inserted at end ''For

employees serving outside the United States in areas where Sunday

is a routine workday and another day of the week is officially

recognized as the day of rest and worship, the Secretary of State

may designate the officially recognized day of rest and worship as

the day with respect to which the preceding sentence shall apply

instead of Sunday.''

1968 - Subsec. (b). Pub. L. 90-623, Sec. 1(13)(A), substituted

''District of Columbia Council'' for ''Board of Commissioners of

the District of Columbia''.

Subsec. (d). Pub. L. 90-623, Sec. 1(13)(B), substituted

''5542(a)'' for ''5442(a)''.

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, but

amendment of subsec. (d) of this section by section 1(13)(B) of

Pub. L. 90-623 effective as of Sept. 6, 1966, for all purposes, see

section 6 of Pub. L. 90-623, set out as a note under section 5334

of this title.

-TRANS-

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.

-MISC5-

CONDITION OF PERFORMANCE

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 624), Oct.

21, 1998, 112 Stat. 2681-480, 2681-518, provided that:

''Notwithstanding any other provision of law, no part of any funds

provided by this Act or any other Act beginning in fiscal year 1999

and thereafter shall be available for paying Sunday premium pay to

any employee unless such employee actually performed work during

the time corresponding to such premium pay.''

Similar provisions were contained in the following prior

appropriations act:

Pub. L. 105-61, title VI, Sec. 636, Oct. 10, 1997, 111 Stat.

1316.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5541, 5547, 6128 of this

title; title 2 section 1371; title 14 section 432; title 15 section

278e.

-CITE-

5 USC Sec. 5546a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5546a. Differential pay for certain employees of the Federal

Aviation Administration and the Department of Defense

-STATUTE-

(a) The Administrator of the Federal Aviation Administration

(hereafter in this section referred to as the ''Administrator'')

and the Secretary of Defense (hereafter in this section referred to

as the ''Secretary'') may pay premium pay at the rate of 5 per

centum of the applicable rate of basic pay to -

(1) any employee of the Federal Aviation Administration or the

Department of Defense who is -

(A) occupying a position in the air traffic controller series

classified not lower than GS-9 and located in an air traffic

control center or terminal or in a flight service station;

(B) assigned to a position classified not lower than GS-09 or

WG-10 located in an airway facilities sector; or

(C) assigned to a flight inspection crew-member position

classified not lower than GS-11 located in a flight inspection

field office,

the duties of whose position are determined by the Administrator

or the Secretary to be directly involved in or responsible for

the operation and maintenance of the air traffic control system;

and

(2) any employee of the Federal Aviation Administration or the

Department of Defense who is assigned to a flight test pilot

position classified not lower than GS-12 located in a region or

center, the duties of whose position are determined by the

Administrator or the Secretary to be unusually taxing, physically

or mentally, and to be critical to the advancement of aviation

safety; and

(3) any employee of the Federal Aviation Administration who

occupies a position at the Federal Aviation Administration

Academy, Oklahoma City, Oklahoma, the duties of which are

determined by the Administrator to require the individual to be

actively engaged in or directly responsible for training

employees to perform the duties of a position described in

subparagraph (a); (b); or (c) or paragraph (1) of this

subsection, and who, immediately prior to assuming such position

at such Academy, occupied a position referred to in subparagraph

(a), (b), or (c) of paragraph (1) of this subsection.

(b) The premium pay payable under any subsection of this section

is in addition to basic pay and to premium pay payable under any

other subsection of this section and any other provision of this

subchapter.

(c)(1) The Administrator or the Secretary may pay premium pay to

any employee of the Federal Aviation Administration or the

Department of Defense who -

(A) is an air traffic controller located in an air traffic

control center or terminal;

(B) is not required as a condition of employment to be

certified by the Administrator or the Secretary as proficient and

medically qualified to perform duties including the separation

and control of air traffic; and

(C) is so certified.

(2) Premium pay paid under paragraph (1) of this subsection shall

be paid at the rate of 1.6 per centum of the applicable rate of

basic pay for so long as such employee is so certified.

(d)(1) The Administrator or the Secretary may pay premium pay to

any air traffic controller of the Federal Aviation Administration

or the Department of Defense who is assigned by the Administrator

or the Secretary to provide on-the-job training to another air

traffic controller while such other air traffic controller is

directly involved in the separation and control of live air

traffic.

(2) Premium pay paid under paragraph (1) of this subsection shall

be paid at the rate of 10 per centum of the applicable hourly rate

of basic pay times the number of hours and portion of an hour

during which the air traffic controller of the Federal Aviation

Administration or the Department of Defense provides on-the-job

training.

(e)(1) The Administrator or the Secretary may pay premium pay to

any air traffic controller or flight service station specialist of

the Federal Aviation Administration or the Department of Defense

who, while working a regularly scheduled eight-hour period of

service, is required by his supervisor to work during the fourth

through sixth hour of such period without a break of thirty minutes

for a meal.

(2) Premium pay paid under paragraph (1) of this subsection shall

be paid at the rate of 50 per centum of one-half of the applicable

hourly rate of basic pay.

(f)(1) The Administrator or the Secretary shall prescribe

standards for determining which air traffic controllers and other

employees of the Federal Aviation Administration or the Department

of Defense are to be paid premium pay under this section.

(2) The Administrator and the Secretary may prescribe such rules

as he determines are necessary to carry out the provisions of this

section.

-SOURCE-

(Added Pub. L. 97-276, Sec. 151(c)(1), (d), Oct. 2, 1982, 96 Stat.

1200, 1201; amended Pub. L. 97-377, title I, Sec. 145(a), formerly

Sec. 145, Dec. 21, 1982, 96 Stat. 1917, renumbered Pub. L. 98-78,

title III, Sec. 320(1), Aug. 15, 1983, 97 Stat. 473; Pub. L.

98-525, title XV, Sec. 1537(c)(1)-(6)(A), Oct. 19, 1984, 98 Stat.

2635, 2636.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-525, Sec. 1537(c)(6)(A), inserted ''and the

Department of Defense'' in section catchline.

Subsec. (a). Pub. L. 98-525, Sec. 1537(c)(1)(A), inserted ''and

the Secretary of Defense (hereafter in this section referred to as

the 'Secretary')'' in provisions preceding par. (1).

Subsec. (a)(1). Pub. L. 98-525, Sec. 1537(c)(1)(B), inserted ''or

the Department of Defense'' in provisions preceding subpar. (A) and

''or the Secretary'' in provisions following subpar. (C).

Subsec. (a)(2). Pub. L. 98-525, Sec. 1537(c)(1)(C), inserted ''or

the Department of Defense'' and ''or the Secretary''.

Subsecs. (c)(1), (d), (e)(1), (f)(1). Pub. L. 98-525, Sec.

1537(c)(2)-(5)(A), inserted ''or the Secretary'' after

''Administrator'' wherever appearing, and ''or the Department of

Defense'' after ''Administration'' wherever appearing.

Subsec. (f)(2). Pub. L. 98-525, Sec. 1537(c)(5)(B), inserted

''and the Secretary''.

1982 - Subsec. (a)(3). Pub. L. 97-377 added par. (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section

1537(f) of Pub. L. 98-525, set out as a note under section 4109 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 145(b) of Pub. L. 97-377, as added by Pub. L. 98-78,

title III, Sec. 320(2), Aug. 15, 1983, 97 Stat. 473, provided that:

''The amendment made by subsection (a) of this section (amending

this section) shall be effective as of 5 o'clock ante meridian

eastern daylight time, August 3, 1981.''

EFFECTIVE DATE

Section 151(h)(1), (2) of Pub. L. 97-276 provided that:

''(1) The amendments made by subsections 152 (151) (b), (c), (e),

and (g) of this joint resolution (enacting subsecs. (a) and (b) of

this section and amending sections 5532, 5547, and 8344 of this

title) shall take effect at 5 o'clock ante meridian eastern

daylight time, August 3, 1981.

''(2) The amendments made by subsection 152 (151) (a) and

subsection 152 (151) (d) of this joint resolution (enacting

subsecs. (c)-(f) of this section and amending section 4109 of this

title) shall take effect on the first day of the first applicable

pay period beginning after the date of the enactment of this joint

resolution (Oct. 2, 1982).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5547 of this title; title

2 section 1371.

-CITE-

5 USC Sec. 5547 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5547. Limitation on premium pay

-STATUTE-

(a) An employee may be paid premium pay under sections 5542,

5545(a), (b), and (c), 5545a, and 5546(a) and (b) only to the

extent that the payment does not cause the aggregate of basic pay

and such premium pay for any pay period for such employee to exceed

the greater of -

(1) the maximum rate of basic pay payable for GS-15 (including

any applicable locality-based comparability payment under section

5304 or similar provision of law and any applicable special rate

of pay under section 5305 or similar provision of law); or

(2) the rate payable for level V of the Executive Schedule.

(b)(1) Subject to regulations prescribed by the Office of

Personnel Management, subsection (a) shall not apply to an employee

who is paid premium pay by reason of work in connection with an

emergency (including a wildfire emergency) that involves a direct

threat to life or property, including work performed in the

aftermath of such an emergency.

(2) Notwithstanding paragraph (1), no employee referred to in

such paragraph may be paid premium pay under the provisions of law

cited in subsection (a) if, or to the extent that, the aggregate of

the basic pay and premium pay under those provisions for such

employee would, in any calendar year, exceed the greater of -

(A) the maximum rate of basic pay payable for GS-15 in effect

at the end of such calendar year (including any applicable

locality-based comparability payment under section 5304 or

similar provision of law and any applicable special rate of pay

under section 5305 or similar provision of law); or

(B) the rate payable for level V of the Executive Schedule in

effect at the end of such calendar year.

(3) Subject to regulations prescribed by the Office of Personnel

Management, the head of an agency may determine that subsection (a)

shall not apply to an employee who is paid premium pay to perform

work that is critical to the mission of the agency. Such employees

may be paid premium pay under the provisions of law cited in

subsection (a) if, or to the extent that, the aggregate of the

basic pay and premium pay under those provisions for such employee

would not, in any calendar year, exceed the greater of -

(A) the maximum rate of basic pay payable for GS-15 in effect

at the end of such calendar year (including any applicable

locality-based comparability payment under section 5304 or

similar provision of law and any applicable special rate of pay

under section 5305 or similar provision of law); or

(B) the rate payable for level V of the Executive Schedule in

effect at the end of such calendar year.

(c) The Office of Personnel Management shall prescribe

regulations governing the methods of applying subsection (b)(2) and

(b)(3) to employees who receive premium pay under section 5545(c)

or 5545a, or to firefighters covered by section 5545b who receive

overtime pay for hours in their regular tour of duty, and the

method of payment to such employees. Such regulations may limit

the payment of such premium pay on a biweekly basis.

(d) This section shall not apply to any employee of the Federal

Aviation Administration or the Department of Defense who is paid

premium pay under section 5546a.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.

1(31), Sept. 11, 1967, 81 Stat. 201; Pub. L. 97-276, Sec. 151(e),

Oct. 2, 1982, 96 Stat. 1201; Pub. L. 98-525, title XV, Sec.

1537(d), Oct. 19, 1984, 98 Stat. 2636; Pub. L. 100-523, Sec. 2,

Oct. 24, 1988, 102 Stat. 2605; Pub. L. 101-509, title V, Sec. 529

(title II, Sec. 204, title IV, Sec. 410(b)), Nov. 5, 1990, 104

Stat. 1427, 1456, 1469; Pub. L. 102-378, Sec. 2(43), Oct. 2, 1992,

106 Stat. 1352; Pub. L. 103-329, title VI, Sec. 633(b)(2), Sept.

30, 1994, 108 Stat. 2427; Pub. L. 107-107, div. A, title XI, Sec.

1114(a), Dec. 28, 2001, 115 Stat. 1239.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 943. June 30, 1945, ch.

212, Sec. 603, 59

Stat. 302. May 24,

1946, ch. 270, Sec.

7(a), 60 Stat. 218.

July 3, 1948, ch.

830, Sec. 303(a),

62 Stat. 1268.

Sept. 1, 1954, ch.

1208, Sec. 209, 68

Stat. 1112.

-------------------------------

Former section 943(a), (b) is combined and restated for clarity

and conciseness. The word ''officer'' is omitted as included in

''employee''. The word ''scheduled'' is omitted since section 603

of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847,

eliminated the necessity of referring to rates as scheduled or

longevity. Reference to the ''Classification Act of 1949, as

amended'' is omitted as unnecessary.

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

In the codification of 5 U.S.C. 5547, the words ''premium pay

under this subchapter'' were substituted for ''premium compensation

provided by this Act'' appearing in the source statute - section

603 of the Federal Employees Pay Act of 1945, as amended (former 5

U.S.C. 943). This amendment of 5 U.S.C. 5547 is made for clarity

and precision of reference and in recognition that the source

statutes for certain sections of subchapter V of chapter 55 of

title 5 include statutes that were not a part of the Federal

Employees Pay Act of 1949. Specifically, 5 U.S.C. 5544(a) is based

in part on section 23 (2d proviso) of the act of March 28, 1934, as

amended by 76 Stat. 360; and 5 U.S.C. 5545(d) is based on section

804 of the Classification Act of 1949, as added by Public Law

89-512, 80 Stat. 318. Also, 5 U.S.C. 5541(2)(xi) in effect excludes

employees subject to 5 U.S.C. 5544 from the operation of 5 U.S.C.

5547.

-REFTEXT-

REFERENCES IN TEXT

GS-15, referred to in subsecs. (a)(1) and (b)(2)(A), (3)(A), is

contained in the General Schedule which is set out under section

5332 of this title.

Level V of the Executive Schedule, referred to in subsecs. (a)(2)

and (b)(2)(B), (3)(B), is set out in section 5316 of this title.

-MISC2-

AMENDMENTS

2001 - Pub. L. 107-107 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows:

''(a) An employee may be paid premium pay under sections 5542,

5545(a), (b), and (c), 5545a, and 5546(a) and (b) of this title

only to the extent that the payment does not cause his aggregate

rate of pay for any pay period to exceed the maximum rate for GS-15

(including any applicable locality-based comparability payment

under section 5304 or similar provision of law and any applicable

special rate of pay under section 5305 or similar provision of

law). The first sentence of this subsection shall not apply to any

employee of the Federal Aviation Administration or the Department

of Defense who is paid premium pay under section 5546a of this

title.

''(b)(1) Subject to regulations prescribed by the Office of

Personnel Management, the first sentence of subsection (a) shall

not apply to an employee who is paid premium pay by reason of work

in connection with an emergency which involves a direct threat to

life or property, including a forest wildfire emergency.

''(2) Notwithstanding paragraph (1), no employee referred to in

such paragraph may be paid premium pay under the provisions of law

cited in the first sentence of subsection (a) if, or to the extent

that, the aggregate of such employee's basic pay and premium pay

under those provisions would, in any calendar year, exceed the

maximum rate payable for GS-15 in effect at the end of such

calendar year.

''(c)(1) Subsections (a) and (b) shall not apply to a law

enforcement officer.

''(2) A law enforcement officer may be paid premium pay under the

provisions of law cited in the first sentence of subsection (a)

only to the extent that the payment does not cause the officer's

aggregate rate of pay for any pay period to exceed the lesser of -

''(A) 150 percent of the minimum rate payable for GS-15

(including any applicable locality-based comparability payment

under section 5304 or similar provision of law and any applicable

special rate of pay under section 5305 or similar provision of

law); or

''(B) the rate payable for level V of the Executive Schedule.''

1994 - Subsec. (a). Pub. L. 103-329 inserted ''5545a,'' after

''5545(a), (b), and (c),''.

1992 - Subsec. (c)(3). Pub. L. 102-378 struck out par. (3) which

read as follows: ''For the purposes of this subsection, 'law

enforcement officer' means any law enforcement officer within the

meaning of section 8331(20) or section 8401(17).''

1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title II, Sec.

204(1)), inserted ''(including any applicable locality-based

comparability payment under section 5304 or similar provision of

law and any applicable special rate of pay under section 5305 or

similar provision of law)'' after ''GS-15''.

Subsec. (b). Pub. L. 101-509, Sec. 529 (title II, Sec. 204(2)),

amended subsec. (b) generally, substituting present provisions for

former provisions consisting of pars. (1) to (3) that related to

pay of forest firefighters working on forest wildfire emergencies.

Subsec. (c). Pub. L. 101-509, Sec. 529 (title IV, Sec. 410(b)),

added subsec. (c).

1988 - Pub. L. 100-523 amended section generally, designating

existing provisions as subsec. (a) and adding subsec. (b).

1984 - Pub. L. 98-525 inserted ''or the Department of Defense''.

1982 - Pub. L. 97-276 inserted provision directing that first

sentence of this section not apply to any employee of Federal

Aviation Administration who is paid premium pay under section 5546a

of this title.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title XI, Sec. 1114(c), Dec. 28, 2001,

115 Stat. 1240, provided that: ''The amendments made by subsections

(a) and (b) (amending this section and provisions set out as a note

under this section) shall take effect on the first day of the first

pay period beginning on or after the date that is 120 days

following the date of enactment of this Act (Dec. 28, 2001).''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-329 effective first day of first

applicable pay period beginning on or after 30th day following

Sept. 30, 1994, with exceptions relating to criminal investigators

employed in Offices of Inspectors General, see section 633(e) of

Pub. L. 103-329, set out as an Effective Date note under section

5545a of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective as of first day of first

applicable pay period beginning on or after Oct. 2, 1992, see

section 9(b)(9) of Pub. L. 102-378, set out as a note under section

6303 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 529 (title II, Sec. 204) of 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.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section

1537(f) of Pub. L. 98-525, set out as a note under section 4109 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-276 effective at 5 o'clock ante meridian

eastern daylight time, Aug. 3, 1981, see section 151(h)(1) of Pub.

L. 97-276, set out as an Effective Date note under section 5546a of

this title.

SHORT TITLE OF 1988 AMENDMENT

Section 1 of Pub. L. 100-523 provided: ''That this Act (amending

this section) may be cited as the 'Forest Wildfire Emergency Pay

Equity Act of 1988'.''

PREMIUM PAY FOR PROTECTIVE SERVICES OF UNITED STATES SECRET SERVICE

Pub. L. 106-554, Sec. 1(a)(3) (title I, Sec. 118), Dec. 21, 2000,

114 Stat. 2763, 2763A-134, as amended by Pub. L. 107-107, div. A,

title XI, Sec. 1114(b), Dec. 28, 2001, 115 Stat. 1240, provided

that: ''Hereafter, funds made available by this or any other Act

may be used to pay premium pay for protective services authorized

by section 3056(a) of title 18, United States Code, without regard

to the restrictions contained in section 5547 of title 5, United

States Code, except that such premium pay shall not be payable to

an employee to the extent that the aggregate of the employee's

basic and premium pay for the year would otherwise exceed the

annual equivalent of that limitation. The term premium pay refers

to the provisions of law cited in the first sentence of section

5547(a) of title 5, United States Code. Payment of additional

premium pay payable under this section may be made in a lump sum on

the last payday of the calendar year.''

Similar provisions were contained in Pub. L. 106-58, title I,

Sec. 118, Sept. 29, 1999, 113 Stat. 441.

(For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 5548 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5548. Regulations

-STATUTE-

(a) The Office of Personnel Management may prescribe regulations,

subject to the approval of the President, necessary for the

administration of this subchapter, except section 5545(d) insofar

as this subchapter affects employees in or under an Executive

agency.

(b) The Office shall prescribe regulations necessary for the

administration of section 5545(d).

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.

1(32), Sept. 11, 1967, 81 Stat. 201; Pub. L. 92-392, Sec. 12, Aug.

19, 1972, 86 Stat. 575; Pub. L. 95-454, title IX, Sec. 906(a)(2),

(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102-378, Sec. 2(44)(C),

Oct. 2, 1992, 106 Stat. 1352.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 945. June 30, 1945, ch.

212, Sec. 605, 59

Stat. 304.

-------------------------------

The words ''an Executive agency'' are substituted for ''the

executive branch of the Government'' to conform to the definition

in section 105. Applicability of this section to employees of the

General Accounting Office is based on former section 933a.

The remainder of the authority is covered by sections 5504 and

6101.

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)

---------------------------------------------------------------------

5548(b) 5 App.: 1072 (as Oct. 28, 1949, ch.

applicable to 5 782, Sec. 1101 (as

App.: 1134.) applicable to Sec.

804, added July 19,

1966, Pub. L. 89-

512, Sec. 1, 80

Stat. 318), 63

Stat. 971.

5 App.: 1134(4) (6th July 19, 1966, Pub.

through 9th words). L. 89-512, Sec. 1

''Sec. 804(4) (6th

through 9th

words)'', 80 Stat.

318.

-------------------------------

This section consolidates into 5 U.S.C. 5548(b) general

regulatory authority granted to the Civil Service Commission by

section 1101 of the Classification Act of 1949 (as applicable to

sec. 804 of that act, added by Public Law 89-512) and the specific

requirement in section 804(4) of that act that the Commission

prescribe regulations.

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-378 substituted ''section

5545(d)'' for ''sections 5545(d) and 5550 of this title''.

1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission''.

1972 - Subsec. (a). Pub. L. 92-392, Sec. 12(a), struck out

reference to section 5544 of this title.

Subsec. (b). Pub. L. 92-392, Sec. 12(b), inserted reference to

section 5550 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Function vested in Office of Personnel Management under this

section to be performed without approval of President, see section

1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as

a note under section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 5549 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5549. Effect on other statutes

-STATUTE-

This subchapter does not prevent payment for overtime services or

for Sunday or holiday work under any of the following statutes -

(1) section 10703 of the Farm Security and Rural Investment Act

of 2002;

(2) sections 1353a and 1353b of title 8;

(3) sections 261, (FOOTNOTE 1) 267, 1450, 1451, 1451a,

(FOOTNOTE 1) and 1452 of title 19;

(FOOTNOTE 1) See References in Text note below.

(4) sections 2111 and 2112 of title 46; and

(5) section 154(f)(3) of title 47.

However, an employee may not receive premium pay under this

subchapter for the same services for which he is paid under one of

these statutes.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 98-89, Sec.

3(a), Aug. 26, 1983, 97 Stat. 599; Pub. L. 107-171, title X, Sec.

10703(c)(4), May 13, 2002, 116 Stat. 518.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 941. June 30, 1945, ch.

212, Sec. 601, 59

Stat. 302.

-------------------------------

In paragraph (2), the words ''sections 1353a and 1353b of title

8'' are substituted for ''sections 342c and 342d of this title'' to

reflect the scheduled transfer of those sections to title 8.

In paragraph (5), the words ''section 154(f)(3) of title 47'' are

substituted for ''section 154(f)(2) of title 47'' on authority of

the Act of July 16, 1952, ch. 879, Sec. 3(b), 66 Stat. 711, which

redesignated subsection (f)(2) as (f)(3).

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 10703 of the Farm Security and Rural Investment Act of

2002, referred to in par. (1), is section 10703 of Pub. L. 107-171,

which enacted section 2219a of Title 7, Agriculture, amended this

section and sections 468 and 695 of Title 21, Food and Drugs, and

repealed section 394 of Title 7.

Section 261 of title 19, referred to in par. (3), was omitted

from the Code in the general revision of section 5 of act Feb. 13,

1911, ch. 46, by Pub. L. 103-66, title XIII, Sec. 13811(a), Aug.

10, 1993, 107 Stat. 668.

Section 1451a of title 19, referred to in par. (3), was repealed

by Pub. L. 103-66, title XIII, Sec. 13811(b)(1), Aug. 10, 1993, 107

Stat. 670.

-MISC2-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-171 added par. (1) and struck out

former par. (1) which read as follows: ''section 394 of title 7;''.

1983 - Par. (4). Pub. L. 98-89 substituted ''sections 2111 and

2112 of title 46'' for ''section 382b of title 46''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC Sec. 5550 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

(Sec. 5550. Repealed. Pub. L. 102-378, Sec. 2(44)(A), Oct. 2, 1992,

106 Stat. 1352)

-MISC1-

Section, added Pub. L. 92-392, Sec. 10(a), Aug. 19, 1972, 86

Stat. 574, related to pay for Sunday and overtime work for

employees of nonappropriated fund instrumentalities.

-CITE-

5 USC Sec. 5550a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER V - PREMIUM PAY

-HEAD-

Sec. 5550a. Compensatory time off for religious observances

-STATUTE-

(a) Not later than 30 days after the date of the enactment of

this section, the Office of Personnel Management shall prescribe

regulations providing for work schedules under which an employee

whose personal religious beliefs require the abstention from work

during certain periods of time, may elect to engage in overtime

work for time lost for meeting those religious requirements. Any

employee who so elects such overtime work shall be granted equal

compensatory time off from his scheduled tour of duty (in lieu of

overtime pay) for such religious reasons, notwithstanding any other

provision of law.

(b) In the case of any agency described in subparagraphs (C)

through (G) of section 5541(1) of this title, the head of such

agency (in lieu of the Office) shall prescribe the regulations

referred to in subsection (a) of this section.

(c) Regulations under this section may provide for such

exceptions as may be necessary to efficiently carry out the mission

of the agency or agencies involved.

-SOURCE-

(Added Pub. L. 95-390, title IV, Sec. 401(a), Sept. 29, 1978, 92

Stat. 762; amended Pub. L. 96-54, Sec. 2(a)(14), (15), Aug. 14,

1979, 93 Stat. 382.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in subsec.

(a), is the date of enactment of Pub. L. 95-390, which was approved

Sept. 29, 1978.

-MISC2-

AMENDMENTS

1979 - Subsecs. (a), (b). Pub. L. 96-54 substituted ''Office of

Personnel Management'' for ''Civil Service Commission'' and

''Office'' for ''Commission''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 1371.

-CITE-

5 USC SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND

ACCRUED LEAVE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

.

-HEAD-

SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5520a, 5948, 8331 of

this title; title 22 section 3664; title 28 section 996; title 38

section 7453.

-CITE-

5 USC Sec. 5551 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 55 - PAY ADMINISTRATION

SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

-HEAD-

Sec. 5551. Lump-sum payment for accumulated and accrued leave on

separation

-STATUTE-

(a) An employee as defined by section 2105 of this title or an

individual employed by the government of the District of Columbia,

who is separated from the service, is transferred to a position

described under section 6301(2)(B)(xiii) of this title, or elects

to receive a lump-sum payment for leave under section 5552 of this

title, is entitled to receive a lump-sum payment for accumulated

and current accrued annual or vacation leave to which he is

entitled by statute. The lump-sum payment shall equal the pay

(excluding any differential under section 5925 and any allowance

under section 5928) the employee or individual would have received

had he remained in the service until expiration of the period of

the annual or vacation leave. The lump-sum payment is considered

pay for taxation purposes only. The period of leave used for

calculating the lump-sum payment shall not be extended due to any

holiday occurring after separation. For the purposes of this

subsection, movement to employment described in section 2105(c)

shall not be deemed separation from the service in the case of an

employee whose annual leave is transferred under section 6308(b).

(b) The accumulated and current accrued annual leave to which an

officer excepted from subchapter I of chapter 63 of this title by

section 6301(2)(x)-(xiii) of this title, is entitled immediately

before the date he is excepted under that section shall be

liquidated by a lump-sum payment in accordance with subsection (a)

of this section or subchapter VIII of this chapter, except that the

payment is based on the rate of pay which he was receiving,

immediately before the date on which section 6301(2)(x)-(xiii) of

this title became applicable to him.

(c)(1) Annual leave that is restored to an employee of the

Department of Defense under section 6304(d) of this title by reason

of the operation of paragraph (3) of such section and remains

unused upon the transfer of the employee to a position described in

paragraph (2) shall be liquidated by payment of a lump-sum for such

leave to the employee upon the transfer.

(2) A position referred to in paragraph (1) is a position in a

department or agency of the Federal Government outside the

Department of Defense or a Department of Defense position that is

not located at a Department of Defense installation being closed or

realigned as described in section 6304(d)(3) of this title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat.