Pub. L. 89–55480 Stat. 487Pub. L. 90–83, § 1(27)81 Stat. 200Pub. L. 90–206, title II, § 21781 Stat. 638Pub. L. 90–556, § 282 Stat. 969Pub. L. 91–231, § 884 Stat. 198Pub. L. 94–183, § 2(23)89 Stat. 1058Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224Pub. L. 96–54, § 2(a)(32)93 Stat. 383Pub. L. 97–258, § 3(a)(13)96 Stat. 1063Pub. L. 101–173, § 1(a)103 Stat. 1292Pub. L. 101–509, title V, § 529 [title I, § 101(b)(3)(E), title II, § 203]104 Stat. 1427Pub. L. 102–378, § 3(2)106 Stat. 1355Pub. L. 108–136, div. A, title XI, § 1122(b)117 Stat. 1637Pub. L. 117–58, div. D, title VIII, § 40803(d)(2)135 Stat. 1100(, , ; , , ; , , ; , , ; , , ; , , ; , (3), , ; , , ; , , ; , , ; , , , 1439, 1456; , , ; , , ; , , .)
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Historical and Revision Notes |
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1966 Act |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a), (b) | June 30, 1945, ch. 212, § 301, 59 Stat. 298. | |
(c) | Sept. 1, 1954, ch. 1208, § 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”.
section 603 of the Act of Oct. 11, 1962Pub. L. 87–79376 Stat. 847In 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 , , , 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.
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1967 Act |
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Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
5545(c) | 5 App.: 926. | July 18, 1966, Pub. L. 89–504 §§ 404(c), 405(d), (e), 80 Stat. 297, 298. |
5545(d) | 5 App.: 1134. | July 19, 1966, Pub. L. 89–512, § 1, 80 Stat. 318. |
5 U.S.C. 5548(b)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 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”.
Editorial Notes
References in Text
section 5332 of this titleGS–10, referred to in subsec. (c)(1), is contained in the General Schedule which is set out under .
Pub. L. 91–59684 Stat. 1590section 651 of Title 29The Occupational Safety and Health Act of 1970, referred to in subsec. (d), is , , , which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 117–582021—Subsec. (d)(1). substituted “except—” and subpars. (A) and (B) for “except in such circumstances as the Office may by regulation prescribe; and”.
Pub. L. 108–1362003—Subsec. (d). inserted before period at end of first sentence “, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970”.
Pub. L. 102–378Pub. L. 101–509, § 529 [title II, § 203]1992—Subsec. (d). made technical correction to directory language of . See 1990 Amendment note below.
Pub. L. 101–509, § 529 [title I, § 101(b)(3)(E)]1990—Subsec. (c)(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–10”.
Pub. L. 101–509, § 529 [title II, § 203]Pub. L. 102–378Subsec. (d). , as amended by , 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).
Pub. L. 101–1731989—Subsec. (c)(2). 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.”
Pub. L. 97–2581982—Subsec. (a). substituted “section 5141” for “section 180”.
Pub. L. 96–541979—Subsec. (c)(2). substituted “percent” for “per centum” wherever appearing.
Pub. L. 95–4541978—Subsecs. (c), (d). substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.
Pub. L. 94–1831975— struck out “Sunday,” after “Night,” in section catchline.
Pub. L. 91–2311970—Subsec. (c)(2). 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.
Pub. L. 90–556section 5542(a)(3) of this title1968—Subsec. (c)(1). inserted “(or, for a position described in , of the basic pay of the position)” after “GS–10”.
Pub. L. 90–2061967—Subsec. (e)(2). substituted “not less than 10 percent nor more than 25 percent” for “not in excess of 15 percent”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
section 1122 of Pub. L. 108–136section 5343 of this titlesection 1122(c) of Pub. L. 108–136section 5343 of this titleSubject to any vested constitutional property rights, any administrative or judicial determination after , concerning backpay for a differential established under subsec. (d) of this section to be based on occupational safety and health standards described in the amendments made by subsections (a) and (b) of , amending this section and , see , set out as a note under .
Effective Date of 1990 Amendment
Pub. L. 101–509Pub. L. 101–509section 5301 of this titleAmendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–173, § 1(b)103 Stat. 1292
Effective Date of 1979 Amendment
Pub. L. 96–54section 2(b) of Pub. L. 96–54section 305 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1978 Amendment
Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–231section 9(b) of Pub. L. 91–231section 5332 of this titleAmendment by effective , see , formerly set out in a 1970 Increase in Pay Rates note under .
Effective Date of 1968 Amendment
Pub. L. 90–556section 3 of Pub. L. 90–556section 5542 of this titleAmendment by effective on first day of first pay period beginning on or after thirtieth day after , see , set out as a note under .
Effective Date of 1967 Amendment
Pub. L. 90–206section 220(a)(3) of Pub. L. 90–206section 603 of Title 28Amendment by effective at beginning of first pay period which begins on or after , see , set out as a note under , Judiciary and Judicial Procedure.
Wage Rate Requirements
Pub. L. 117–58section 18851 of Title 42For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see , The Public Health and Welfare.