5 U.S.C. § 5549 — Effect on other statutes

Page 685 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5550 1 See References in Text note below. 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, § 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 defi- nitions 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 ap- plicable to 5 App.: 1134.) Oct. 28, 1949, ch. 782, § 1101 (as applicable to § 804, added July 19, 1966, Pub. L. 89–512, § 1, 80 Stat. 318), 63 Stat. 971. 5 App.: 1134(4) (6th through 9th words). July 19, 1966, Pub. L. 89–512, § 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 Com- mission 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 regula- tions. Editorial Notes 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 ‘‘Of- fice of Personnel Management’’ for ‘‘Civil Service Com- mission’’ and ‘‘Office’’ for ‘‘Commission’’. 1972—Subsec. (a). Pub. L. 92–392, § 12(a), struck out reference to section 5544 of this title. Subsec. (b). Pub. L. 92–392, § 12(b), inserted reference to section 5550 of this title. Statutory Notes and Related Subsidiaries 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. Executive Documents 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. § 5549. Effect on other statutes 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 261,1 267, 1450, 1451, 1451a,1 and 1452 of title 19; (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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 98–89, § 3(a), Aug. 26, 1983, 97 Stat. 599; Pub. L. 107–171, title X, § 10703(c)(4), May 13, 2002, 116 Stat. 518.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 941. June 30, 1945, ch. 212, § 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, § 3(b), 66 Stat. 711, which redesignated subsection (f)(2) as (f)(3). Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes REFERENCES IN TEXT Section 10703 of the Farm Security and Rural Invest- ment 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 sec- tion 394 of Title 7. Section 261 of title 19, referred to in par. (3), was omitted from the Code in the general revision of sec- tion 5 of act Feb. 13, 1911, ch. 46, by Pub. L. 103–66, title XIII, § 13811(a), Aug. 10, 1993, 107 Stat. 668. Section 1451a of title 19, referred to in par. (3), was re- pealed by Pub. L. 103–66, title XIII, § 13811(b)(1), Aug. 10, 1993, 107 Stat. 670. 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’’. § 5550. Border patrol rate of pay (a) DEFINITIONS.—In this section— (1) the term ‘‘basic border patrol rate of pay’’ means the hourly rate of basic pay of the applicable border patrol, as determined with- out regard to this section; (2) the term ‘‘border patrol agent’’ means an individual who is appointed to a position as- signed to the Border Patrol Enforcement clas- sification series 1896 or any successor series, consistent with classification standards estab- lished by the Office of Personnel Management; (3) the term ‘‘level 1 border patrol rate of pay’’ means the hourly rate of pay equal to