Historical and Revision Notes | ||
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 638b (less proviso). | June 27, 1956, ch. 452, § 302 (less proviso), 70 Stat. 355. |
The prohibition is restated in positive form. The word “officers” is omitted as included in “employees” in view of the definition of “employee” in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
For definition of Secretary, referred to in subsec. (b), see section 2109 of this title.
2011—Subsec. (e). Pub. L. 112–81 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), the” for “The”, and added par. (2).
2007—Subsec. (g). Pub. L. 110–161 added subsec. (g).
1998—Subsec. (a). Pub. L. 105–261, § 3154(a)(1), substituted “(d), (e), and (f)” for “and (d)”.
Subsec. (f). Pub. L. 105–261, § 3154(a)(2), added subsec. (f).
1988—Subsec. (d). Pub. L. 100–238, § 103(a)(1)(A), substituted “may” for “may, with the concurrence of such agent as the President may designate,”.
Subsec. (e). Pub. L. 100–238, § 103(a)(1)(B), added subsec. (e).
1980—Subsec. (b). Pub. L. 96–347 substituted “Secretary” for “Secretary of Transportation”.
1974—Subsec. (a). Pub. L. 93–350, § 1(1), inserted reference to subsec. (d).
Subsec. (d). Pub. L. 93–350, § 1(2), added subsec. (d).
1972—Pub. L. 92–297 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Pub. L. 110–161, div. E, title V, § 535(e), “Failure to make a timely election under this paragraph shall be treated in the same way as an election made under subclause (I) on the last day allowable under clause (ii).“(1) The amendments made by this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title] shall become effective on the later of “(2) “(A) The amendments made by subsections (a)(3) and (b)(6) [amending sections 8335 and 8425 of this title], respectively, shall not apply to an individual first appointed as a customs and border protection officer before the effective date under paragraph (1).“(B) “(i) Except as provided in clause (ii), nothing in this section [amending this section and sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title and enacting provisions set out as a note under this section] or any amendment made by this section shall be considered to apply with respect to any service performed as a customs and border protection officer before the effective date under paragraph (1).“(ii) Service described in section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section) rendered before the effective date under paragraph (1) may be taken into account to determine if an individual who is serving on or after such effective date then qualifies as a customs and border protection officer by virtue of holding a supervisory or administrative position in the Department of Homeland Security.“(C) The annuity of an individual serving as a customs and border protection officer on the effective date under paragraph (1) pursuant to an appointment made before that date shall, to the extent that its computation is based on service rendered as a customs and border protection officer on or after that date, be at least equal to the amount that would be payable—“(i) to the extent that such service is subject to the Civil Service Retirement System, by applying section 8339(d) of title 5, United States Code, with respect to such service; and“(ii) to the extent such service is subject to the Federal Employees’ Retirement System, by applying section 8415(d) [now 8415(e)] of title 5, United States Code, with respect to such service.“(D) Nothing in the amendment made by subsection (c) [amending this section] shall be considered to apply with respect to any appointment made before the effective date under paragraph (1).“(3) “(A) For purposes of this paragraph, the term ‘incumbent’ means an individual who is serving as a customs and border protection officer on the date of the enactment of this Act.“(B) Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall take measures reasonably designed to ensure that incumbents are notified as to their election rights under this paragraph, and the effect of making or not making a timely election.“(C) “(i) An incumbent may elect, for all purposes, either—“(I) to be treated in accordance with the amendments made by subsection (a) or (b) [amending sections 8331, 8334 to 8336, 8401, 8412, 8415, 8422, 8423, and 8425 of this title], as applicable; or“(II) to be treated as if subsections (a) and (b) had never been enacted.“(ii) An election under this paragraph shall not be effective unless it is made at least 14 days before the effective date under paragraph (1).“(4) For purposes of this subsection, the term ‘customs and border protection officer’ has the meaning given such term by section 8331(31) or 8401(36) of title 5, United States Code (as amended by this section).“(5) Nothing in this section or any amendment made by this section shall be considered to afford any election or to otherwise apply with respect to any individual who, as of the day before the date of the enactment of this Act—“(A) holds a position within U.S. Customs and Border Protection; and“(B) is considered a law enforcement officer for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code, by virtue of such position.”
Pub. L. 100–238, title I, § 103(f),
Amendment by Pub. L. 96–347 effective on 90th day after
Pub. L. 93–350, § 7,
Amendment by Pub. L. 92–297 effective on 90th day after
Pub. L. 110–161, div. E, title V, § 535(d),
Pub. L. 91–73,
Ex. Ord. No. 11817,
By virtue of the authority vested in me by section 3307(d) of title 5 of the United States Code, as added by the first section of the Act of