
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: 5USC5546a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5546a. Differential pay for certain employees of the 
        Federal Aviation Administration and the Department of Defense
        
    (a) The Administrator of the Federal Aviation Administration 
(hereafter in this section referred to as the ``Administrator'') and the 
Secretary of Defense (hereafter in this section referred to as the 
``Secretary'') may pay premium pay at the rate of 5 per centum of the 
applicable rate of basic pay to--
        (1) any employee of the Federal Aviation Administration or the 
    Department of Defense who is--
            (A) occupying a position in the air traffic controller 
        series classified not lower than GS-9 and located in an air 
        traffic control center or terminal or in a flight service 
        station;
            (B) assigned to a position classified not lower than GS-09 
        or WG-10 located in an airway facilities sector; or
            (C) assigned to a flight inspection crew-member position 
        classified not lower than GS-11 located in a flight inspection 
        field office,

    the duties of whose position are determined by the Administrator or 
    the Secretary to be directly involved in or responsible for the 
    operation and maintenance of the air traffic control system; and
        (2) any employee of the Federal Aviation Administration or the 
    Department of Defense who is assigned to a flight test pilot 
    position classified not lower than GS-12 located in a region or 
    center, the duties of whose position are determined by the 
    Administrator or the Secretary to be unusually taxing, physically or 
    mentally, and to be critical to the advancement of aviation safety; 
    and
        (3) any employee of the Federal Aviation Administration who 
    occupies a position at the Federal Aviation Administration Academy, 
    Oklahoma City, Oklahoma, the duties of which are determined by the 
    Administrator to require the individual to be actively engaged in or 
    directly responsible for training employees to perform the duties of 
    a position described in subparagraph (a); (b); or (c) or paragraph 
    (1) of this subsection, and who, immediately prior to assuming such 
    position at such Academy, occupied a position referred to in 
    subparagraph (a), (b), or (c) of paragraph (1) of this subsection.

    (b) The premium pay payable under any subsection of this section is 
in addition to basic pay and to premium pay payable under any other 
subsection of this section and any other provision of this subchapter.
    (c)(1) The Administrator or the Secretary may pay premium pay to any 
employee of the Federal Aviation Administration or the Department of 
Defense who--
        (A) is an air traffic controller located in an air traffic 
    control center or terminal;
        (B) is not required as a condition of employment to be certified 
    by the Administrator or the Secretary as proficient and medically 
    qualified to perform duties including the separation and control of 
    air traffic; and
        (C) is so certified.

    (2) Premium pay paid under paragraph (1) of this subsection shall be 
paid at the rate of 1.6 per centum of the applicable rate of basic pay 
for so long as such employee is so certified.
    (d)(1) The Administrator or the Secretary may pay premium pay to any 
air traffic controller of the Federal Aviation Administration or the 
Department of Defense who is assigned by the Administrator or the 
Secretary to provide on-the-job training to another air traffic 
controller while such other air traffic controller is directly involved 
in the separation and control of live air traffic.
    (2) Premium pay paid under paragraph (1) of this subsection shall be 
paid at the rate of 10 per centum of the applicable hourly rate of basic 
pay times the number of hours and portion of an hour during which the 
air traffic controller of the Federal Aviation Administration or the 
Department of Defense provides on-the-job training.
    (e)(1) The Administrator or the Secretary may pay premium pay to any 
air traffic controller or flight service station specialist of the 
Federal Aviation Administration or the Department of Defense who, while 
working a regularly scheduled eight-hour period of service, is required 
by his supervisor to work during the fourth through sixth hour of such 
period without a break of thirty minutes for a meal.
    (2) Premium pay paid under paragraph (1) of this subsection shall be 
paid at the rate of 50 per centum of one-half of the applicable hourly 
rate of basic pay.
    (f)(1) The Administrator or the Secretary shall prescribe standards 
for determining which air traffic controllers and other employees of the 
Federal Aviation Administration or the Department of Defense are to be 
paid premium pay under this section.
    (2) The Administrator and the Secretary may prescribe such rules as 
he determines are necessary to carry out the provisions of this section.

(Added Pub. L. 97-276, Sec. 151(c)(1), (d), Oct. 2, 1982, 96 Stat. 1200, 
1201; amended Pub. L. 97-377, title I, Sec. 145(a), formerly Sec. 145, 
Dec. 21, 1982, 96 Stat. 1917, renumbered Pub. L. 98-78, title III, 
Sec. 320(1), Aug. 15, 1983, 97 Stat. 473; Pub. L. 98-525, title XV, 
Sec. 1537(c)(1)-(6)(A), Oct. 19, 1984, 98 Stat. 2635, 2636.)


                               Amendments

    1984--Pub. L. 98-525, Sec. 1537(c)(6)(A), inserted ``and the 
Department of Defense'' in section catchline.
    Subsec. (a). Pub. L. 98-525, Sec. 1537(c)(1)(A), inserted ``and the 
Secretary of Defense (hereafter in this section referred to as the 
`Secretary')'' in provisions preceding par. (1).
    Subsec. (a)(1). Pub. L. 98-525, Sec. 1537(c)(1)(B), inserted ``or 
the Department of Defense'' in provisions preceding subpar. (A) and ``or 
the Secretary'' in provisions following subpar. (C).
    Subsec. (a)(2). Pub. L. 98-525, Sec. 1537(c)(1)(C), inserted ``or 
the Department of Defense'' and ``or the Secretary''.
    Subsecs. (c)(1), (d), (e)(1), (f)(1). Pub. L. 98-525, 
Sec. 1537(c)(2)-(5)(A), inserted ``or the Secretary'' after 
``Administrator'' wherever appearing, and ``or the Department of 
Defense'' after ``Administration'' wherever appearing.
    Subsec. (f)(2). Pub. L. 98-525, Sec. 1537(c)(5)(B), inserted ``and 
the Secretary''.
    1982--Subsec. (a)(3). Pub. L. 97-377 added par. (3).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section 
1537(f) of Pub. L. 98-525, set out as a note under section 4109 of this 
title.


                    Effective Date of 1982 Amendment

    Section 145(b) of Pub. L. 97-377, as added by Pub. L. 98-78, title 
III, Sec. 320(2), Aug. 15, 1983, 97 Stat. 473, provided that: ``The 
amendment made by subsection (a) of this section [amending this section] 
shall be effective as of 5 o'clock ante meridian eastern daylight time, 
August 3, 1981.''


                             Effective Date

    Section 151(h)(1), (2) of Pub. L. 97-276 provided that:
    ``(1) The amendments made by subsections 152 [151] (b), (c), (e), 
and (g) of this joint resolution [enacting subsecs. (a) and (b) of this 
section and amending sections 5532, 5547, and 8344 of this title] shall 
take effect at 5 o'clock ante meridian eastern daylight time, August 3, 
1981.
    ``(2) The amendments made by subsection 152 [151] (a) and subsection 
152 [151] (d) of this joint resolution [enacting subsecs. (c)-(f) of 
this section and amending section 4109 of this title] shall take effect 
on the first day of the first applicable pay period beginning after the 
date of the enactment of this joint resolution [Oct. 2, 1982].''

                  Section Referred to in Other Sections

    This section is referred to in section 5547 of this title; title 2 
section 1371.
