
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5543]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5543. Compensatory time off

    (a) The head of an agency may--
        (1) on request of an employee, grant the employee compensatory 
    time off from his scheduled tour of duty instead of payment under 
    section 5542 or section 7 of the Fair Labor Standards Act of 1938 
    for an equal amount of time spent in irregular or occasional 
    overtime work; and
        (2) provide that an employee whose rate of basic pay is in 
    excess of the maximum rate of basic pay for GS-10 (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) shall be granted 
    compensatory time off from his scheduled tour of duty equal to the 
    amount of time spent in irregular or occasional overtime work 
    instead of being paid for that work under section 5542 of this 
    title.

    (b) The head of an agency may, on request of an employee, grant the 
employee compensatory time off from the employee's scheduled tour of 
duty instead of payment under section 5544 or section 7 of the Fair 
Labor Standards Act of 1938 for an equal amount of time spent in 
irregular or occasional overtime work. An agency head may not require an 
employee to be compensated for overtime work with an equivalent amount 
of compensatory time-off from the employee's tour of duty.
    (c) The Architect of the Capitol may grant an employee paid on an 
annual basis compensatory time off from duty instead of overtime pay for 
overtime work.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, Sec. 1(25), 
Sept. 11, 1967, 81 Stat. 200; Pub. L. 101-509, title V, Sec. 529 [title 
I, Sec. 101(b)(3)(E), title II, Sec. 210(2)], Nov. 5, 1990, 104 Stat. 
1427, 1439, 1460; Pub. L. 104-201, div. A, title XVI, Sec. 1610(a), 
Sept. 23, 1996, 110 Stat. 2738.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 912.                 June 30, 1945, ch.
                                                    212, Sec.  202, 59
                                                    Stat. 297.
                                                   May 24, 1946, ch.
                                                    270, Sec.  9, 60
                                                    Stat. 218.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  204, 68
                                                    Stat. 1109.
------------------------------------------------------------------------

    In subsection (a), 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, or the head of any 
legislative or judicial agency to which this subchapter applies'' 
because of the definition of ``agency'' and the application stated in 
section 5541.
    In subsection (a)(1), the word ``officer'' is omitted as included in 
``employee''.
    In subsection (a)(2), the words ``at his own discretion'' are 
omitted as unnecessary in view of the permissive nature of the 
authority. The word ``officer'' is omitted as included in ``employee''. 
The word ``scheduled'' is omitted since section 603 of the Act of Oct. 
11, 1962, Pub. L. 87-793, 76 Stat. 847, eliminated the necessity of 
referring to rates as scheduled or longevity. Reference to the 
``Classification Act of 1949, as amended'' is omitted as unnecessary.
    In subsection (b), the words ``in his discretion'' are omitted as 
unnecessary in view of the permissive nature of the authority. The words 
``overtime work'' are substituted for ``any work in excess of forty 
hours in any regularly scheduled administrative workweek'' because of 
the definition of ``overtime work'' in section 5542(a).
    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
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5543(a)(2).........  5 App.: 912.                  July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    404(b), 80 Stat.
                                                    297.
------------------------------------------------------------------------

                       References in Text

    Section 7 of the Fair Labor Standards Act of 1938, referred to in 
subsecs. (a)(1) and (b), is classified to section 207 of Title 29, 
Labor.
    GS-10, referred to in subsec. (a)(2), is contained in the General 
Schedule which is set out under section 5332 of this title.


                               Amendments

    1996--Subsecs. (b), (c). Pub. L. 104-201 added subsec. (b) and 
redesignated former subsec. (b) as (c).
    1990--Subsec. (a)(1). Pub. L. 101-509, Sec. 529 [title II, 
Sec. 210(2)], inserted ``under section 5542 or section 7 of the Fair 
Labor Standards Act of 1938'' after ``payment''.
    Subsec. (a)(2). Pub. L. 101-509, Sec. 529 [title I, 
Sec. 101(b)(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''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. 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, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5544, 6123 of this title; 
title 2 section 1371; title 14 section 432; title 15 section 278e; title 
32 section 709.
