5 U.S.C. § 5548

Regulations

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(a) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545(d), insofar as this subchapter affects employees in or under an Executive agency.(b) The Office shall prescribe regulations necessary for the administration of section 5545(d).(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90–83, § 1(32), Sept. 11, 1967, 81 Stat. 201; Pub. L. 92–392, § 12, Aug. 19, 1972, 86 Stat. 575; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102–378, § 2(44)(C), Oct. 2, 1992, 106 Stat. 1352.)

Historical and Revision Notes
	5 U.S.C. 945.	June 30, 1945, ch. 212, § 605, 59 Stat. 304.

Historical and Revision Notes

1966 Act

5 U.S.C. 945.

June 30, 1945, ch. 212, § 605, 59 Stat. 304.

The words “an Executive agency” are substituted for “the executive branch of the Government” to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.

The remainder of the authority is covered by sections 5504 and 6101.

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)
5548(b)	5 App.: 1072 (as applicable to 5 App.: 1134.)	Oct. 28, 1949, ch. 782, § 1101 (as applicable to § 804, added July 19, 1966, Pub. L. 89–512, § 1, 80 Stat. 318), 63 Stat. 971.
	5 App.: 1134(4) (6th through 9th words).	July 19, 1966, Pub. L. 89–512, § 1 “Sec. 804(4) (6th through 9th words)”, 80 Stat. 318.

This section consolidates into 5 U.S.C. 5548(b) general regulatory authority granted to the Civil Service Commission by section 1101 of the Classification Act of 1949 (as applicable to sec. 804 of that act, added by Public Law 89–512) and the specific requirement in section 804(4) of that act that the Commission prescribe regulations.

Editorial NotesAmendments

1992—Subsec. (b). Pub. L. 102–378 substituted “section 5545(d)” for “sections 5545(d) and 5550 of this title”.

1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.

1972—Subsec. (a). Pub. L. 92–392, § 12(a), struck out reference to section 5544 of this title.

Subsec. (b). Pub. L. 92–392, § 12(b), inserted reference to section 5550 of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

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.

Executive DocumentsDelegation of Functions

Function vested in Office of Personnel Management under this section to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President.

Notes of Decisions

Cited in 21 cases (3 in the last 5 years), 1980–2026 · leading case: John Doe, on Behalf of Himself & All Others Similarly Situated v. United States, 372 F.3d 1347 (Fed. Cir. 2004).

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John Doe, on Behalf of Himself & All Others Similarly Situated v. United States, 372 F.3d 1347 (Fed. Cir. 2004). · cites it 3× “1111 , 1224; see also 5 U.S.C. § 5548 . 3 Substantially the same regulation has applied from 1945 to the present.”

United States Dep't of the Air Force v. Fed. Labor Relations Auth., 952 F.2d 446 (D.C. Cir. 1992). · cites it 2× “§ 204 (f), and the Federal Employees Pay Act (“FEPA”), 5 U.S.C. § 5548 , to federal employees. See AFGE v.”

Fathauer v. United States, 82 Fed. Cl. 509 (Fed. Cl. 2008). · cites it 2× “See 5 U.S.C. § 5548 (a) (stating that OPM has the authority to “prescribe regulations .”

Mercier v. United States, 786 F.3d 971 (Fed. Cir. 2015). “111 (c); see also 10 Fed.Reg. 8191, 8194 (July 4, 1945) (original regulation).”

Abbey v. United States, 82 Fed. Cl. 722 (Fed. Cl. 2008). “” 5 U.S.C. § 5548 . OPM promulgated regulations implementing the procedures set forth in FEPCA.”

Aletta v. United States, 70 Fed. Cl. 600 (Fed. Cl. 2006). · cites it 2× “1111,1224 ; see also 5 U.S.C. § 5548 . OPM, and before it the Civil Service Commission, have had substantially the same regulation since 1945 regarding “Authorization of overtime pay.”

Corrigan v. United States, 68 Fed. Cl. 589 (Fed. Cl. 2005). “5 U.S.C. § 5548 (a). OPM regulation 5 C.F.”

Alexander v. United States, 32 F.3d 1571 (Fed. Cir. 1994). · cites it 3× “§ 204 (f) (1988)) and 5 U.S.C. § 5548 (1976) (current version at 5 U.”

Bull v. United States, 63 Fed. Cl. 580 (Fed. Cl. 2005). “See 5 U.S.C. § 5548 (a) (2000); Doe, 372 F.3d at 1352 .”

Bennett v. United States, 4 Cl. Ct. 330 (Ct. Cl. 1984). “48 Comp.Gen. 334 (1968) (RSOT for INS agents detailed on special assignment to Meridian, Miss.”

Horvath v. United States, 130 Fed. Cl. 273 (Fed. Cl. 2017). “1111 (October 13, 1978); see also 5 U.S.C. § 5548 ; Aaron, 56 Fed.Cl. at 100 .”

Buchan v. United States, 31 Fed. Cl. 496 (Fed. Cl. 1994). “5 U.S.C. § 5548 (1988). The relevant regulations are set out below.”

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— 5 U.S.C. § 5548(a) — 1 case

Fathauer v. United States, 82 Fed. Cl. 509 (Fed. Cl. 2008). “See 5 U.S.C. § 5548 (a) (stating that OPM has the authority to “prescribe regulations .”

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