5 U.S.C. § 5550 — Border patrol rate of pay

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 Page 686 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5550 1.25 times the otherwise applicable hourly rate of basic pay of the applicable border patrol agent; (4) the term ‘‘level 2 border patrol rate of pay’’ means the hourly rate of pay equal to 1.125 times the otherwise applicable hourly rate of basic pay of the applicable border pa- trol agent; and (5) the term ‘‘work period’’ means a 14-day biweekly pay period. (b) RECEIPT OF BORDER PATROL RATE OF PAY.— (1) VOLUNTARY ELECTION.— (A) IN GENERAL.—Not later than 30 days be- fore the first day of each year beginning after the date of enactment of this section, a border patrol agent shall make an election whether the border patrol agent shall, for that year, be assigned to— (i) the level 1 border patrol rate of pay; (ii) the level 2 border patrol rate of pay; or (iii) the basic border patrol rate of pay, with additional overtime assigned as need- ed by U.S. Customs and Border Protection. (B) REGULATIONS.—The Director of the Of- fice of Personnel Management shall promul- gate regulations establishing procedures for elections under subparagraph (A). (C) INFORMATION REGARDING ELECTION.— Not later than 60 days before the first day of each year beginning after the date of enact- ment of this section, U.S. Customs and Bor- der Protection shall provide each border pa- trol agent with information regarding each type of election available under subpara- graph (A) and how to make such an election. (D) ASSIGNMENT IN LIEU OF ELECTION.—Not- withstanding subparagraph (A)— (i) a border patrol agent who fails to make a timely election under subpara- graph (A) shall be assigned to the level 1 border patrol rate of pay; (ii) a border patrol agent who is assigned a canine shall be assigned to the level 1 border patrol rate of pay; (iii) if at any time U.S. Customs and Bor- der Protection concludes that a border pa- trol agent is unable to perform overtime on a daily basis in accordance with this section, U.S. Customs and Border Protec- tion shall assign the border patrol agent to the basic border patrol rate of pay until such time as U.S. Customs and Border Pro- tection determines that the border patrol agent is able to perform scheduled over- time on a daily basis; (iv) unless the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014 indicates that, in order to more adequately fulfill the oper- ational requirements of U.S. Customs and Border Protection, such border patrol agents should be allowed to elect or be as- signed to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay, a border patrol agent shall be assigned to the basic border patrol rate of pay if the agent works— (I) at U.S. Customs and Border Protec- tion headquarters; (II) as a training instructor at a U.S. Customs and Border Protection training facility; (III) in an administrative position; or (IV) as a fitness instructor; and (v) a border patrol agent may be assigned to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay in ac- cordance with subparagraph (E). (E) FLEXIBILITY.— (i) IN GENERAL.—Except as provided in clauses (ii) and (iii), and notwithstanding any other provision of law, U.S. Customs and Border Protection shall take such ac- tion as is necessary, including the unilat- eral assignment of border patrol agents to the level 1 border patrol rate of pay or the level 2 border patrol rate of pay, to ensure that not more than 10 percent of the bor- der patrol agents stationed at a location are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay. (ii) WAIVER.—U.S. Customs and Border Protection may waive the limitation under clause (i) on the percent of border patrol agents stationed at a location who are assigned to the level 2 border patrol rate of pay or the basic border patrol rate of pay if, based on the analysis conducted under section 2(e) of the Border Patrol Agent Pay Reform Act of 2014, U.S. Cus- toms and Border Protection determines it may do so and adequately fulfill its oper- ational requirements. (iii) CERTAIN LOCATIONS.—Clause (i) shall not apply to border patrol agents working at the headquarters of U.S. Customs and Border Protection or a training location of U.S. Customs and Border Protection. (F) CANINE CARE.—For a border patrol agent assigned to provide care for a canine and assigned to the level 1 border patrol rate of pay in accordance with subparagraph (D)(ii)— (i) that rate of pay covers all such care; (ii) for the purposes of scheduled over- time under paragraph (2)(A)(ii), such care shall be counted as 1 hour of scheduled overtime on each regular workday without regard to the actual duration of such care or whether such care occurs on the regular workday; and (iii) no other pay shall be paid to the border patrol agent for such care. (G) PAY ASSIGNMENT CONTINUITY.— (i) IN GENERAL.—Not later than 1 year after the date of enactment of the Border Patrol Agent Pay Reform Act of 2014, and in consultation with the Office of Per- sonnel Management, U.S. Customs and Border Protection shall develop and imple- ment a plan to ensure, to the greatest ex- tent practicable, that the assignment of a border patrol agent under this section dur- ing the 3 years of service before the border patrol agent becomes eligible for imme- diate retirement are consistent with the average border patrol rate of pay level to Page 687 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5550 which the border patrol agent has been as- signed during the course of the career of the border patrol agent. (ii) IMPLEMENTATION.—Notwithstanding any other provision of law, U.S. Customs and Border Protection may take such ac- tion as is necessary, including the unilat- eral assignment of border patrol agents to the level 1 border patrol rate of pay, the level 2 border patrol rate of pay, or the basic border patrol rate of pay, to imple- ment the plan developed under this sub- paragraph. (iii) REPORTING.—U.S. Customs and Bor- der Protection shall submit the plan devel- oped under clause (i) to the appropriate committees of Congress. (iv) GAO REVIEW.—Not later than 6 months after U.S. Customs and Border Protection issues the plan required under clause (i), the Comptroller General of the United States shall submit to the appro- priate committees of Congress a report on the effectiveness of the plan in ensuring that border patrol agents are not able to artificially enhance their retirement annu- ities. (v) DEFINITION.—In this subparagraph, the term ‘‘appropriate committees of Con- gress’’ means— (I) the Committee on Homeland Secu- rity and Governmental Affairs and the Committee on Appropriations of the Senate; and (II) the Committee on Homeland Secu- rity, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Rep- resentatives. (vi) RULE OF CONSTRUCTION.—Nothing in this subparagraph shall be construed to limit the ability of U.S. Customs and Bor- der Protection to assign border patrol agents to border patrol rates of pay as nec- essary to meet operational requirements. (2) LEVEL 1 BORDER PATROL RATE OF PAY.— For a border patrol agent who is assigned to the level 1 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 work- days per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 2 additional hours of scheduled over- time during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 1 border patrol rate of pay; (C) compensation for the hours of regu- larly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 25 percent supplement within the level 1 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the over- time hourly rate of pay for hours of work in excess of 100 hours during a work period, as determined in accordance with section 5542(g); (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is absent from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent dur- ing scheduled overtime described in subpara- graph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agent is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 1 border pa- trol rate of pay for the first 60 days of ad- vanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (3) LEVEL 2 BORDER PATROL RATE OF PAY.— For a border patrol agent who is assigned to the level 2 border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 work- days per week with— (i) 8 hours of regular time per workday, which may be interrupted by an unpaid off-duty meal break; and (ii) 1 additional hour of scheduled over- time during each day the agent performs work under clause (i); (B) for paid hours of regular time described in subparagraph (A)(i), the border patrol agent shall receive pay at the level 2 border patrol rate of pay; (C) compensation for the hours of regu- larly scheduled overtime work described in subparagraph (A)(ii) is provided indirectly through the 12.5 percent supplement within the level 2 border patrol rate of pay, and the border patrol agent may not receive for such hours— (i) any compensation in addition to the compensation under subparagraph (B) under this section or any other provision of law; or (ii) any compensatory time off; (D) the border patrol agent shall receive compensatory time off or pay at the over- time hourly rate of pay for hours of work in excess of 90 hours during a work period, as determined in accordance with section 5542(g); Page 688 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5550 (E) the border patrol agent shall be charged corresponding amounts of paid leave, compensatory time off, or other paid time off for each hour (or part thereof) the agent is excused from work during regular time (except that full days off for military leave shall be charged when required); (F) if the border patrol agent is absent dur- ing scheduled overtime described in subpara- graph (A)(ii)— (i) the border patrol agent shall accrue an obligation to perform other overtime work for each hour (or part thereof) the border patrol agent is absent; and (ii) any overtime work applied toward the obligation under clause (i) shall not be credited as overtime work under any other provision of law; and (G) for the purposes of advanced training, the border patrol agent— (i) shall be paid at the level 2 border pa- trol rate of pay for the first 60 days of ad- vanced training in a calendar year; and (ii) for any advanced training in addition to the advanced training described in clause (i), shall be paid at the basic border patrol rate of pay. (4) BASIC BORDER PATROL RATE OF PAY.—For a border patrol agent who is assigned to the basic border patrol rate of pay— (A) the border patrol agent shall have a regular tour of duty consisting of 5 work- days per week with 8 hours of regular time per workday; and (B) the border patrol agent shall receive compensatory time off or pay at the over- time hourly rate of pay for hours of work in excess of 80 hours during a work period, as determined in accordance with section 5542(g). (c) ELIGIBILITY FOR OTHER PREMIUM PAY.—A border patrol agent— (1) shall receive premium pay for nightwork in accordance with subsections (a) and (b) of section 5545 and Sunday and holiday pay in ac- cordance with section 5546, without regard to the rate of pay to which the border patrol agent is assigned under this section, except that— (A) no premium pay for night, Sunday, or holiday work shall be provided for hours of regularly scheduled overtime work described in paragraph (2)(A)(ii) or (3)(A)(ii) of sub- section (b), consistent with the requirements of paragraph (2)(C) or (3)(C) of subsection (b); and (B) section 5546(d) shall not apply and in- stead eligibility for pay for, and the rate of pay for, any overtime work on a Sunday or a designated holiday shall be determined in accordance with this section and section 5542(g); (2) except as provided in paragraph (3) or sec- tion 5542(g), shall not be eligible for any other form of premium pay under this title; and (3) shall be eligible for hazardous duty pay in accordance with section 5545(d). (d) TREATMENT AS BASIC PAY.—Any pay in ad- dition to the basic border patrol rate of pay for a border patrol agent resulting from application of the level 1 border patrol rate of pay or the level 2 border patrol rate of pay— (1) subject to paragraph (2), shall be treated as part of basic pay solely for— (A) purposes of sections 5595(c), 8114(e), 8331(3)(I), and 8704(c); (B) any other purpose that the Director of the Office of Personnel Management may by regulation prescribe; and (C) any other purpose expressly provided for by law; and (2) shall not be treated as part of basic pay for the purposes of calculating overtime pay, night pay, Sunday pay, or holiday pay under section 5542, 5545, or 5546. (e) TRAVEL TIME.—Travel time to and from home and duty station by a border patrol agent shall not be considered hours of work under any provision of law. (f) LEAVE WITHOUT PAY AND SUBSTITUTION OF HOURS.— (1) REGULAR TIME.— (A) IN GENERAL.—For a period of leave without pay during the regular time of a border patrol agent (as described in para- graph (2)(A)(i), (3)(A)(i), or (4)(A) of sub- section (b)) within a work period, an equal period of work outside the regular time of the border patrol agent, but in the same work period— (i) shall be substituted and paid for at the rate applicable for the regular time; and (ii) shall not be credited as overtime hours for any purpose. (B) PRIORITY FOR SAME DAY WORK.—In sub- stituting hours of work under subparagraph (A), work performed on the same day as the period of leave without pay shall be sub- stituted first. (C) PRIORITY FOR REGULAR TIME SUBSTI- TUTION.—Hours of work shall be substituted for regular time work under this paragraph before being substituted for scheduled over- time under paragraphs (2), (3), and (4). (2) OVERTIME WORK.— (A) IN GENERAL.—For a period of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within a work period, an equal period of ad- ditional work in the same work period— (i) shall be substituted and credited as scheduled overtime; and (ii) shall not be credited as overtime hours under any other provision of law. (B) PRIORITY FOR SAME DAY WORK.—In sub- stituting hours of work under subparagraph (A), work performed on the same day as the period of absence shall be substituted first. (3) APPLICATION OF COMPENSATORY TIME.—If a border patrol agent does not have sufficient additional work in a work period to substitute for all periods of absence during scheduled overtime (as described in paragraph (2)(F) or (3)(F) of subsection (b)) within that work pe- riod, any accrued compensatory time off under section 5542(g) shall be applied to satisfy the hours obligation. Page 689 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5550a (4) INSUFFICIENT HOURS.—If a border patrol agent has a remaining hours obligation of scheduled overtime after applying paragraphs (2) and (3), any additional work in subsequent work periods that would otherwise be credited under section 5542(g) shall be applied towards the hours obligation until that obligation is satisfied. (g) AUTHORITY TO REQUIRE OVERTIME WORK.— Nothing in this section shall be construed to limit the authority of U.S. Customs and Border Protection to require a border patrol agent to perform hours of overtime work in accordance with the needs of U.S. Customs and Border Pro- tection, including if needed in the event of a local or national emergency. (h) SPECIAL OVERTIME PAY FOR GS–12 BORDER PATROL AGENTS.— (1) IN GENERAL.—Notwithstanding para- graphs (1)(F), (2)(C), and (3)(C) of subsection (b), a border patrol agent encumbering a posi- tion at grade GS–12 shall receive a special overtime payment under this subsection for hours of regularly scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b), as applicable, that are credited to the agent through actual performance of work, crediting under rules for canine agents under subsection (b)(1)(F), or substitution of over- time hours in the same work period under sub- section (f)(2)(A), except that no such payment may be made for periods of absence resulting in an hours obligation under paragraph (3) or (4) of subsection (f). (2) COMPUTATION.—The special overtime pay- ment authorized under paragraph (1) shall be computed by multiplying the credited hours by 50 percent of the border patrol agent’s hourly rate of basic pay, rounded to the near- est cent. (3) LIMITATIONS.—The special overtime pay- ment authorized under paragraph (1)— (A) is not considered basic pay for retire- ment under section 8331(3) or 8401(4) or for any other purpose; (B) is not payable during periods of paid leave or other paid time off; and (C) is not considered in computing an agent’s lump-sum annual leave payment under sections 5551 and 5552. (Pub. L. 113–277, § 2(b), Dec. 18, 2014, 128 Stat. 2995; Pub. L. 118–31, div. E, title LII, § 5201, Dec. 22, 2023, 137 Stat. 939.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b)(1)(A), (C), is the date of enactment of Pub. L. 113–277, which was approved Dec. 18, 2014. Section 2(e) of the Border Patrol Agent Pay Reform Act of 2014, referred to in subsec. (b)(1)(D)(iv), (E)(ii), is section 2(e) of Pub. L. 113–277, Dec. 18, 2014, 128 Stat. 3003, which related to comprehensive staffing analysis and is not classified to the Code. The date of enactment of the Border Patrol Agent Pay Reform Act of 2014, referred to in subsec. (b)(1)(G)(i), is the date of enactment of Pub. L. 113–277, which was approved Dec. 18, 2014. GS–12, referred to in subsec. (h), is contained in the General Schedule which is set out under section 5332 of this title. PRIOR PROVISIONS A prior section 5550, added Pub. L. 92–392, § 10(a), Aug. 19, 1972, 86 Stat. 574, related to pay for Sunday and overtime work for employees of nonappropriated fund instrumentalities, prior to repeal by Pub. L. 102–378, § 2(44)(A), Oct. 2, 1992, 106 Stat. 1352. AMENDMENTS 2023—Subsec. (h). Pub. L. 118–31 added subsec. (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE Section effective on the first day of the first pay pe- riod beginning on or after Jan. 1, 2016, subject to cer- tain exceptions, see section 2(i) of Pub. L. 113–277, set out as an Effective Date of 2014 Amendment note under section 5542 of this title. MINIMIZATION OF OVERTIME Pub. L. 113–277, § 2(c)(2), Dec. 18, 2014, 128 Stat. 3003, provided that: ‘‘U.S. Customs and Border Protection shall, to the maximum extent practicable, avoid the use of scheduled overtime work by border patrol agents.’’ [Section 2(c)(2) of Pub. L. 113–277, set out above, effec- tive on the first day of the first pay period beginning on or after Jan. 1, 2016, with exception, see section 2(i) of Pub. L. 113–277, set out as an Effective Date of 2014 Amendment note under section 5542 of this title.] § 5550a. Compensatory time off for religious ob- servances (a) Not later than 30 days after the date of the enactment of this section, the Office of Per- sonnel Management shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs re- quire 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 compen- satory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious rea- sons, notwithstanding any other provision of law. (b) In the case of any agency described in sub- paragraphs (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 effi- ciently carry out the mission of the agency or agencies involved. (Added Pub. L. 95–390, title IV, § 401(a), Sept. 29, 1978, 92 Stat. 762; amended Pub. L. 96–54, § 2(a)(14), (15), Aug. 14, 1979, 93 Stat. 382.)