5 U.S.C. § 5548 — Regulations

Page 684 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5548 head of an Executive agency shall not include pay ex- empted under this section. ‘‘(d) LIMITATION OF PAY AUTHORITY.—Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the cal- endar year in which the exempted pay is earned to ex- ceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. ‘‘(e) EFFECTIVE DATE.—This section shall take effect as if enacted on January 1, 2020.’’ OVERTIME PAY FOR PROTECTIVE SERVICES Pub. L. 114–311, Dec. 16, 2016, 130 Stat. 1531, as amend- ed by Pub. L. 115–160, § 2(a)(1), Apr. 3, 2018, 132 Stat. 1246; Pub. L. 115–383, § 2(a), Dec. 21, 2018, 132 Stat. 5121; Pub. L. 116–269, § 2(a), Dec. 30, 2020, 134 Stat. 3323; Pub. L. 118–38, § 2(a), Feb. 6, 2024, 138 Stat. 13, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Overtime Pay for Pro- tective Services Act of 2016’. ‘‘SEC. 2. PREMIUM PAY EXCEPTION DURING 2016 THROUGH 2028 FOR PROTECTIVE SERVICES. ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘covered employee’ means any officer, employee, or agent employed by the United States Secret Service who performs protective services for an individual or event protected by the United States Secret Service during any of calendar years 2016 through 2028; and ‘‘(2) the term ‘protective services’ does not include routine administrative or technical work that sup- ports the daily operations of the United States Secret Service. ‘‘(b) EXCEPTION TO THE LIMITATION ON PREMIUM PAY FOR PROTECTIVE SERVICES.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, including section 5547(a) of title 5, United States Code, and only to the extent that an appro- priation is provided specifically in an appropriations Act for premium pay for a given calendar year in ex- cess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a), any covered employee may receive premium pay for protective services during each of calendar years 2016 through 2028, to the extent provided under section 118 of the Treasury and General Government Appropriations Act, 2001 (5 U.S.C. 5547 note). ‘‘(2) TECHNICAL AND CONFORMING AMENDMENT.— [Amended section 1(a)(3) [title I, § 118] of Pub. L. 106–554, set out below.] ‘‘(c) TREATMENT OF ADDITIONAL PAY.—If subsection (b) results in the payment of additional premium pay to a covered employee of a type that is normally cred- itable as basic pay for retirement or any other purpose, that additional pay shall not— ‘‘(1) be considered to be basic pay of the covered employee for any purpose; or ‘‘(2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code. ‘‘(d) AGGREGATE LIMIT.—With respect to the applica- tion of section 5307 of title 5, United States Code, the payment of any additional premium pay to a covered employee as a result of subsection (b) shall not be counted as part of the aggregate compensation of the covered employee. ‘‘(e) EFFECTIVE DATE.—This section and the amend- ments made by this section shall take effect as if en- acted on December 31, 2015.’’ [Pub. L. 118–38, § 2(b), Feb. 6, 2024, 138 Stat. 13, pro- vided that: ‘‘If this Act [amending Pub. L. 114–311, set out above] is enacted after December 31, 2023 [Pub. L. 118–38 approved Feb. 6, 2024], the amendments made by subsection (a) shall take effect as if enacted on Decem- ber 31, 2023.’’] [Pub. L. 115–160, § 2(b), Apr. 3, 2018, 132 Stat. 1246, pro- vided that: ‘‘The amendments made by subsection (a) [amending Pub. L. 114–311, set out above, and section 1(a)(3) [title I, § 118] of Pub. L. 106–554, set out below] shall take effect as if enacted on December 31, 2016.’’] PREMIUM PAY FOR PROTECTIVE SERVICES OF UNITED STATES SECRET SERVICE Pub. L. 106–554, § 1(a)(3) [title I, § 118], Dec. 21, 2000, 114 Stat. 2763, 2763A–134, as amended by Pub. L. 107–107, div. A, title XI, § 1114(b), Dec. 28, 2001, 115 Stat. 1240; Pub. L. 114–311, § 2(b)(2), Dec. 16, 2016, 130 Stat. 1531; Pub. L. 115–160, § 2(a)(2), Apr. 3, 2018, 132 Stat. 1246, provided that: ‘‘Hereafter, funds made available by this or any other Act may be used to pay premium pay for protec- tive services authorized by section 3056(a) or 3056A of title 18, United States Code, without regard to the re- strictions 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 aggre- gate of the employee’s basic and premium pay for the year would otherwise exceed the annual equivalent of that limitation or, if the employee qualifies for an ex- ception to such limitation under section 2(b)(1) of the Overtime Pay for Protective Services Act of 2016 [Pub. L. 114–311, set out above], to the extent that such aggre- gate amount would exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. 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 pay- able 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, § 118, Sept. 29, 1999, 113 Stat. 441. [Pub. L. 115–160, § 2(b), Apr. 3, 2018, 132 Stat. 1246, pro- vided that: ‘‘The amendments made by subsection (a) [amending Pub. L. 114–311 and section 1(a)(3) [title I, § 118] of Pub. L. 106–554, set out above] shall take effect as if enacted on December 31, 2016.’’] [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating 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 Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] DEFINITION OF CORONAVIRUS IN PUB. L. 116–260 Pub. L. 116–260, § 8, Dec. 27, 2020, 134 Stat. 1185, pro- vided that: ‘‘In divisions A through M of this Act [divs. A to M of Pub. L. 116–260, see Tables for classification], the term ‘coronavirus’ means SARS–CoV–2 or another coronavirus with pandemic potential.’’ § 5548. Regulations (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 nec- essary for the administration of section 5545(d). (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90–83, § 1(32), Sept. 11, 1967, 81 Stat. 201; Pub. L. 92–392, § 12, Aug. 19, 1972, 86 Stat. 575; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, § 2(44)(C), Oct. 2, 1992, 106 Stat. 1352.) 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