1 So in original. Probably should be capitalized.
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.

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, § 201, 59 Stat. 296.

Sept. 1, 1954, ch. 1208, § 203, 68 Stat. 1109.

(span)

5 U.S.C. 912a.

5 U.S.C. 912span.

Sept. 1, 1954, ch. 1208, § 205(span), 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, Puspan. 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 (span), former sections 912a and 912span 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, Puspan. L. 89–504, § 404(a), 80 Stat. 297.

The words “of the Classification Act of 1949, as amended” are omitted as unnecessary.

Editorial Notes
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.

The Fair Labor Standards Act of 1938, referred to in subsec. (a)(6)(A), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

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.

The Fair Labor Standards Act, referred to in subsec. (h)(1)(A), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

Amendments

2021—Subsec. (a)(6)(A). Puspan. L. 117–81, § 1108, inserted “outside the United States” after “temporary duty” and “of 1938” after “Fair Labor Standards Act” and substituted “naval vessels” for “the nuclear aircraft carrier that is forward deployed in Japan” and “the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station.” for “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.”

Subsec. (a)(6)(B). Puspan. L. 116–283 substituted “September 30, 2026” for “September 30, 2021”.

Subsec. (h). Puspan. L. 117–81, § 1110, added subsec. (h).

2018—Subsec. (a)(6)(B). Puspan. L. 115–232 substituted “September 30, 2021” for “September 30, 2019”.

2017—Subsec. (a)(6)(B). Puspan. L. 115–91 substituted “September 30, 2019” for “September 30, 2018”.

2016—Subsec. (a)(6)(B). Puspan. L. 114–328 substituted “September 30, 2018” for “September 30, 2017”.

2015—Subsec. (a)(6)(B). Puspan. L. 114–92 substituted “September 30, 2017” for “September 30, 2015”.

2014—Subsec. (a)(6)(B). Puspan. L. 113–291 substituted “2015” for “2014”.

Subsec. (g). Puspan. L. 113–277 added subsec. (g).

2011—Subsec. (a)(6). Puspan. L. 111–383 added par. (6).

2003—Subsec. (a)(2). Puspan. L. 108–136 inserted “the greater of” before “one and one-half” and “or the hourly rate of basic pay of the employee” before “, and all that amount”.

2000—Subsec. (a)(5). Puspan. L. 106–558 added par. (5).

1998—Subsec. (e). Puspan. L. 105–277, § 101(span) [title IV, § 407(c)(2)] and § 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). Puspan. L. 105–277, § 101(h) [title VI, § 628(a)(1)], added subsec. (f).

1995—Subsec. (e). Puspan. L. 104–52 added subsec. (e).

1994—Subsec. (d). Puspan. L. 103–329 added subsec. (d).

1992—Subsec. (a)(4). Puspan. L. 102–378, § 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). Puspan. L. 102–378, § 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). Puspan. L. 101–509, § 529 [title I, § 101(span)(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). Puspan. L. 101–509, § 529 [title IV, § 410(a)], added par. (4).

Subsec. (c). Puspan. L. 101–509, § 529 [title II, § 210(1)], added subsec. (c).

1984—Subsec. (span)(2)(B)(iv). Puspan. 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). Puspan. L. 92–194 substituted “For full-time, part-time and intermittent tours of duty, hours” for “Hours”.

1968—Subsec. (a)(3). Puspan. L. 90–556 added par. (3).

1967—Subsec. (span)(2)(B). Puspan. L. 90–206 designated existing provisions as cls. (i) and (iii) and added cls. (ii) and (iv).

Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment

Puspan. L. 113–277, § 2(i), as added by Puspan. L. 114–13, § 1(a), May 19, 2015, 129 Stat. 197, provided that: “Subsections (span), (c), (d), and (g) [enacting section 5550 of this title, amending this section and sections 5547 and 8331 of this title and section 213 of Title 29, Labor, and enacting provisions set out as a note under section 5550 of this title], and the amendments made by such subsections, shall take effect on the first day of the first pay period beginning on or after January 1, 2016, except that—

“(1) any provision in section 5550(span) of title 5, United States Code, as added by subsection (span), relating to administering elections and making advance assignments to a regular tour of duty shall be applicable before such effective date to the extent determined necessary by the Director of the Office of Personnel Management; and
“(2) the Director may issue regulations as necessary prior to such effective date.”

[Puspan. L. 114–13, § 1(span), May 19, 2015, 129 Stat. 197, provided that: “The amendment made by subsection (a) [enacting section 2(i) of Puspan. L. 113–277, set out above] shall be deemed to have been enacted on the date of enactment of the Border Patrol Agent Pay Reform Act of 2014 (Public Law 113–277) [approved Dec. 18, 2014].”]

Effective Date of 2000 Amendment

Puspan. L. 106–558, § 2(span), Dec. 21, 2000, 114 Stat. 2777, as amended by Puspan. L. 107–20, title II, § 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

Puspan. L. 105–277, div. A, § 101(span) [title IV, § 407(d)], div. G, subdiv. B, title XXIII, § 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, § 628(a)(1)] of Puspan. 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, § 628(e)] of Puspan. L. 105–277, set out as a note under section 4109 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. 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 Puspan. L. 103–329, set out as an Effective Date note under section 5545a of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–378 effective as of first day of first applicable pay period beginning on or after Oct. 2, 1992, see section 9(span)(9) of Puspan. 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, § 101(span)(3)(E), title II, § 210(1)] of Puspan. 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, § 305] of Puspan. L. 101–509, set out as a note under section 5301 of this title.

Effective Date of 1968 Amendment

Puspan. L. 90–556, § 3, Oct. 10, 1968, 82 Stat. 969, 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

Puspan. L. 90–206, title II, § 220(a)(4), Dec. 16, 1967, 81 Stat. 639, 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].”

Regulations

Puspan. L. 113–277, § 2(h), Dec. 18, 2014, 128 Stat. 3005, provided that: “The Director of the Office of Personnel Management shall promulgate regulations to carry out this Act [see section 1 of Puspan. L. 113–277, set out as a Short Title of 2014 Amendment note under section 101 of this title] and the amendments made by this Act.”

Rules of Construction

Puspan. L. 113–277, § 2(f), Dec. 18, 2014, 128 Stat. 3004, provided that: “Nothing in this section [enacting section 5550 of this title, amending this section and sections 5547 and 8331 of this title and section 213 of Title 29, Labor, and enacting provisions set out as notes under this section and section 5550 of this title] or the amendments made by this section shall be construed to—

“(1) limit the right of U.S. Customs and Border Protection to assign both scheduled and unscheduled work to a border patrol agent based on the needs of U.S. Customs and Border Protection in excess of the hours of work normally applicable under the election of the border patrol agent, regardless of what the border patrol agent might otherwise have elected;
“(2) require compensation of a border patrol agent other than for hours during which the border patrol agent is actually performing work or using approved paid leave or other paid time off; or
“(3) exempt a border patrol agent from any limitations on pay, earnings, or compensation, including the limitations under section 5547 of title 5, United States Code.”

Border Patrol Rate of Pay

Puspan. L. 113–277, § 2(a), Dec. 18, 2014, 128 Stat. 2995, provided that:

“(a)Purpose.—The purposes of this Act [see section 1 of Puspan. L. 113–277, set out as a Short Title of 2014 Amendment note under section 101 of this title] are—
“(1) to strengthen U.S. Customs and Border Protection and ensure that border patrol agents are sufficiently ready to conduct necessary work and will perform overtime hours in excess of a 40-hour workweek based on the needs of U.S. Customs and Border Protection; and
“(2) to ensure U.S. Customs and Border Protection has the flexibility to cover shift changes and retains the right to assign scheduled and unscheduled work for mission requirements and planning based on operational need.”