
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5541]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5541. Definitions

    For the purpose of this subchapter--
        (1) ``agency'' means--
            (A) an Executive agency;
            (B) a military department;
            (C) an agency in the judicial branch;
            (D) the Library of Congress;
            (E) the Botanic Garden;
            (F) the Office of the Architect of the Capitol; and
            (G) the government of the District of Columbia;

        (2) ``employee'' means--
            (A) an employee in or under an Executive agency;
            (B) an individual employed by the government of the District 
        of Columbia; and
            (C) an employee in or under the judicial branch, the Library 
        of Congress, the Botanic Garden, and the Office of the Architect 
        of the Capitol, who occupies a position subject to chapter 51 
        and subchapter III of chapter 53 of this title;

    but does not include--
            (i) a justice or judge of the United States;
            (ii) the head of an agency other than the government of the 
        District of Columbia;
            (iii) a teacher, school official, or employee of the Board 
        of Education of the District of Columbia, whose pay is fixed 
        under chapter 15 of title 31, District of Columbia Code;
            (iv) a member of--
                (I) the Metropolitan Police or the Fire Department of 
            the District of Columbia; or
                (II) a member of the United States Secret Service 
            Uniformed Division, a member of the United States Park 
            Police, other than for purposes of section \1\ 5545(a) and 
            5546;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``sections''.

            (v) a student-employee as defined by section 5351 of this 
        title;
            [(vi) Repealed. Pub. L. 91-375, Sec. 6(c)(16), Aug. 12, 
        1970, 84 Stat. 776;]
            (vii) an employee outside the continental United States or 
        in Alaska who is paid in accordance with local native prevailing 
        wage rates for the area in which employed;
            (viii) an employee of the Tennessee Valley Authority;
            (ix) an individual to whom section 1291(a) of title 50, 
        appendix, applies;
            (x) an employee of a Federal land bank, a Federal 
        intermediate credit bank, or a bank for cooperatives;
            (xi) an employee whose pay is fixed and adjusted from time 
        to time in accordance with prevailing rates under subchapter IV 
        of chapter 53 of this title, or by a wage board or similar 
        administrative authority serving the same purpose, except as 
        provided by section 5544 of this title;
            (xii) an employee of the Transportation Corps of the Army on 
        a vessel operated by the United States, a vessel employee of the 
        Environmental Science Services Administration, or a vessel 
        employee of the Department of the Interior;
            (xiii) a ``teacher'' or an individual holding a ``teaching 
        position'' as defined by section 901 of title 20;
            (xiv) a Foreign Service officer;
            (xv) a member of the Senior Foreign Service;
            (xvi) member of the Senior Executive Service; or
            (xvii) a member of the Federal Bureau of Investigation and 
        Drug Enforcement Administration Senior Executive Service; and

        (3) ``law enforcement officer'' means an employee who--
            (A) is a law enforcement officer within the meaning of 
        section 8331(20) or 8401(17);
            (B) in the case of an employee who holds a supervisory or 
        administrative position and is subject to subchapter III of 
        chapter 83, but who does not qualify to be considered a law 
        enforcement officer within the meaning of section 8331(20), 
        would so qualify if such employee had transferred directly to 
        such position after serving as a law enforcement officer within 
        the meaning of such section;
            (C) in the case of an employee who holds a supervisory or 
        administrative position and is subject to chapter 84, but who 
        does not qualify to be considered a law enforcement officer 
        within the meaning of section 8401(17), would so qualify if such 
        employee had transferred directly to such position after 
        performing duties described in section 8401(17)(A) and (B) for 
        at least 3 years; and
            (D) in the case of an employee who is not subject to 
        subchapter III of chapter 83 or chapter 84--
                (i) holds a position that the Office of Personnel 
            Management determines would satisfy subparagraph (A), (B), 
            or (C) if the employee were subject to subchapter III of 
            chapter 83 or chapter 84; or
                (ii) is a special agent in the Diplomatic Security 
            Service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90-83, Sec. 1(4), 
Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-375, Sec. 6(c)(16), Aug. 12, 
1970, 84 Stat. 776; Pub. L. 92-392, Sec. 4, Aug. 14, 1972, 86 Stat. 573; 
Pub. L. 94-183, Sec. 2(22), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95-
105, title IV, Sec. 412(a)(1), Aug. 17, 1977, 91 Stat. 855; Pub. L. 95-
426, title II, Sec. 204(b)(5)(B), Oct. 7, 1978, 92 Stat. 974; Pub. L. 
95-454, title IV, Sec. 408(a)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 
96-70, title III, Sec. 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 
96-465, title II, Sec. 2304, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 100-
325, Sec. 2(i)(1), May 30, 1988, 102 Stat. 582; Pub. L. 101-509, title 
V, Sec. 529 [title IV, Sec. 411(a)], Nov. 5, 1990, 104 Stat. 1427, 1469; 
Pub. L. 102-378, Sec. 2(40)(A)-(C), Oct. 2, 1992, 106 Stat. 1351; Pub. 
L. 104-201, div. C, title XXXV, Sec. 3548(a)(6), Sept. 23, 1996, 110 
Stat. 2869.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 901(a), (d), (e).    June 30, 1945, ch.
                                                    212 Sec.  101(a),
                                                    (d), (e), 59 Stat.
                                                    295, 296.
                     ............................  Sept. 1, 1954, ch.
                                                    1208, Sec.  202(a),
                                                    68 Stat. 1109.
                     5 U.S.C. 902 (less clause     June 30, 1945, ch.
                      (1) and last sentence of      212, Sec.  102 (less
                      (a)).                         clause (1) and last
                                                    sentence of (a)), 59
                                                    Stat. 296.
                                                   May 24, 1946, ch.
                                                    270, Sec.  8(a), 60
                                                    Stat. 218.
                     ............................  Aug. 4, 1947, ch.
                                                    452, Sec.  1, 61
                                                    Stat. 727.
                     ............................  Aug. 18, 1959, Pub.
                                                    L. 86-168, Sec.
                                                    202(c) 73 Stat. 389.
                     5 U.S.C. 2358(a) (as          July 17, 1959, Pub.
                      applicable to the Federal     L. 86-91, Sec.
                      Employees Pay Act of 1945,    10(a) (as applicable
                      as amended).                  to the Federal
                                                    Employees Pay Act of
                                                    1945, as amended),
                                                    73 Stat. 217.
------------------------------------------------------------------------

    The section is revised as a definition section. The provisions of 
former section 901(d) are omitted as unnecessary because the sections 
referred to state their application and there is no need to restate the 
application here.
    In paragraph (1), the terms ``Executive agency'' and ``military 
department'' are substituted for the references in former section 901(a) 
and (e) to the executive branch, including Government-owned or 
controlled corporations, and the General Accounting Office in view of 
the definitions in sections 105 and 102.
    In paragraph (2)(iii), the words ``chapter 15 of title 31, District 
of Columbia Code'' are substituted for the reference in former section 
902(a)(4) to ``the Teachers Salary Act of June 4, 1924, as amended'' on 
authority of the provisions contained therein. Enumeration of the 
individuals to which the provisions apply are added.
    In paragraph (2)(iv), the provisions of former section 902(a)(5) and 
(b)(6) are combined.
    In paragraph (2)(v), the words ``student-employee as defined by 
section 5351 of this title'' are coextensive with and substituted for 
the enumeration of the employees in former section 902(a)(6).
    In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), 
the reference to former section 947 is omitted as that section was 
repealed by the Act of Sept. 12, 1950, ch. 946, Sec. 301(85), 64 Stat. 
843.
    In paragraph (2)(xii), the reference to former section 946 is 
omitted as unnecessary since that section is not carried into this 
subchapter. The words ``Panama Canal Company'' are substituted for 
``Panama Railroad Company'' on authority of the Act of Sept. 2, 1950, 
ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.
    In paragraph (2)(xiii), the words ``as defined by section 901 of 
title 20'' are added on authority of former section 2351, which section 
is scheduled for transfer to section 901 of title 20.
    The exception for officers and employees of the Inland Waterways 
Corporation in former section 902(b)(3) is omitted on authority of the 
Act of July 19, 1963, Pub. L. 88-67, 77 Stat. 81.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1996--Par. (2)(xii). Pub. L. 104-201 inserted ``or'' after 
``Services Administration,'' and struck out ``, or a vessel employee of 
the Panama Canal Commission'' after ``Interior''.
    1992--Par. (3). Pub. L. 102-378 added par. (3).
    1990--Par. (2)(iv). Pub. L. 101-509 amended cl. (iv) generally. 
Prior to amendment, cl. (iv) read as follows: ``a member of the 
Metropolitan Police, the Fire Department of the District of Columbia, 
the United States Park Police, or the Executive Protective Service;''.
    1988--Par. (2)(xvii). Pub. L. 100-325 added cl. (xvii).
    1980--Par. (2)(xiv). Pub. L. 96-465 struck out ``within the meaning 
of section 401 of the Foreign Service Act of 1946'' after ``officer''.
    Par. (2)(xv). Pub. L. 96-465 substituted ``a member of the Senior 
Foreign Service'' for ``a `Foreign Service information officer' as 
provided for by the first section of the Act entitled `An Act to promote 
the foreign policy of the United States by strengthening and improving 
the Foreign Service personnel system of the International Communication 
Agency through establishment of a Foreign Service Information Officer 
Corps', approved August 20, 1968''.
    1979--Par. (2)(xii). Pub. L. 96-70 substituted ``Commission'' for 
``Company''.
    1978--Par. (2)(xvi). Pub. L. 95-454 added cl. (xvi).
    Par. (2)(xv). Pub. L. 95-426 substituted ``International 
Communication Agency'' for ``United States Information Agency''.
    1977--Par. (2)(xiv), (xv). Pub. L. 95-105 added cls. (xiv) and (xv).
    1975--Par. (2)(iv). Pub. L. 94-183 substituted ``Executive 
Protective Service'' for ``White House Police''.
    1972--Par. (2)(xi). Pub. L. 92-392 substituted ``pay'' for ``basic 
pay'' and provided for determination of pay under subchapter IV of 
chapter 53 of this title.
    1970--Par. (2)(vi). Pub. L. 91-375 repealed cl. (vi) which excluded 
an employee in the postal field service from definition of ``employee''.
    1967--Par. (2)(xii). Pub. L. 90-83 substituted ``Environmental 
Science Services Administration'' for ``Coast and Geodetic Survey''. See 
Historical and Revision Notes under section 2101 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-378 effective as of first day of first 
applicable pay period beginning on or after Oct. 2, 1992, see section 
9(b)(9) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                    Effective Date of 1990 Amendment

    Section 529 [title IV, Sec. 411(b)] of Pub. L. 101-509 provided 
that: ``The amendment made by this section [amending this section] shall 
be effective on January 1, 1992.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-454 effective 9 months after Oct. 13, 1978, 
and congressional review of provisions of sections 401 through 412 of 
Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as an 
Effective Date note under section 3131 of this title.
    Section 204(b)(5)(B) of Pub. L. 95-426 provided that the amendment 
made by such section 204(b)(5)(B) is effective Oct. 1, 1978.


                    Effective Date of 1977 Amendment

    Section 412(a)(2) of Pub. L. 95-105 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall take effect on 
October 1, 1978.''


                    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.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.


                      Short Title of 1994 Amendment

    Pub. L. 103-329, title VI, Sec. 633(a), Sept. 30, 1994, 108 Stat. 
2425, provided that: ``This section [enacting section 5545a of this 
title, amending sections 5542 and 5547 of this title and section 213 of 
Title 29, Labor, and enacting provisions set out as notes under section 
5545a of this title] may be cited as the `Law Enforcement Availability 
Pay Act of 1994'.''

                          Transfer of Functions

    Environmental Science Services Administration in Department of 
Commerce, including offices of Administrator and Deputy Administrator 
thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 
F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which 
created National Oceanic and Atmospheric Administration in Department of 
Commerce and transferred personnel, property, records, and unexpended 
balances of funds of Environmental Science Services Administration to 
such newly created National Oceanic and Atmospheric Administration. 
Components of Environmental Science Services Administration thus 
transferred included Weather Bureau [now National Weather Service], 
Coast and Geodetic Survey [now National Ocean Survey], Environmental 
Data Service, National Environmental Satellite Center, and ESSA Research 
Laboratories.


  Availability of Premium Pay for Attorneys Employed in Department of 
                                 Justice

    Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 115], Nov. 
29, 1999, 113 Stat. 1535, 1501A-21, provided that:
    ``(a) None of the funds made available by this or any other Act may 
be used to pay premium pay under title 5, United States Code, sections 
5542-5549, to any individual employed as an attorney, including an 
Assistant United States Attorney, in the Department of Justice for any 
work performed on or after the date of the enactment of this Act [Nov. 
29, 1999].
    ``(b) Notwithstanding any other provision of law, neither the United 
States nor any individual or entity acting on its behalf shall be liable 
for premium pay under title 5, United States Code, sections 5542-5549, 
for any work performed on or after the date of the enactment of this Act 
[Nov. 29, 1999] by any individual employed as an attorney in the 
Department of Justice, including an Assistant United States Attorney.''
    [Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 111], Dec. 21, 2000, 
114 Stat. 2762, 2762A-68, provided that: ``Section 115 of the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2000 (as enacted into law by section 
1000(a)(1) of Public Law 106-113) [set out above] shall apply 
hereafter.'']


    Sense of Congress Relating to Law Enforcement Officer Provisions

    Section 2(40)(D) of Pub. L. 102-378 provided that: ``It is the sense 
of the Congress that--
        ``(i) the provisions of section 5541(3) of title 5, United 
    States Code (as added by section 2(40)(C) of this Act)--
            ``(I) are enacted only for the purposes of pay and not for 
        the purposes of retirement;
            ``(II) do not reflect any intent of the Congress to change 
        retirement eligibility standards for law enforcement officers; 
        and
        ``(ii) law enforcement officers in primary positions have 
    different retirement eligibility standards than employees in 
    supervisory or administrative positions because of the different 
    requirements in their responsibilities.''


          Payment of Bonuses for Foreign Language Capabilities

    Pub. L. 100-690, title VI, Sec. 6401, Nov. 18, 1988, 102 Stat. 4370, 
as amended by Pub. L. 101-509, title V, Sec. 529 [title IV, 
Sec. 408(c)], Nov. 5, 1990, 104 Stat. 1427, 1468, provided that:
    ``(a) In General.--Notwithstanding any other provision of law, the 
Drug Enforcement Administration and the Federal Bureau of Investigation 
are authorized on and after October 1, 1988, to pay bonuses up to 25 
percent of base pay to employees of the Drug Enforcement Administration 
and the Federal Bureau of Investigation who possess and make substantial 
use of one or more languages, other than English, in the performance of 
their official duties. The Administrator of the Drug Enforcement 
Administration and the Director of the Federal Bureau of Investigation 
shall develop such policies as necessary to implement the payment of 
these bonuses.
    ``(b) Limitation.--The provisions of this section shall apply only 
to an employee who has received a bonus under this section before 
January 1, 1992. The provisions of subchapter III of chapter 45 of title 
5, United States Code, shall apply to any employee who would otherwise 
be eligible to receive a bonus under this section, on and after such 
date.''

                  Section Referred to in Other Sections

    This section is referred to in sections 4521, 5504, 5545a, 5550a, 
6101 of this title; title 2 section 1371.
