---
kind: "section"
citation: "5 U.S.C. § 5546a"
title: "5"
title_heading: "Government Organization and Employees"
number: "5546a"
heading: "Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5546a"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 55 — Pay Administration"
  - "Subchapter V — Premium Pay"
---

# §5546a. Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense

- (a) The [Administrator](/usc/5/9801.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) (hereafter in this section referred to as the “[Administrator](/usc/5/9801.md?p=2)”) and the [Secretary](/usc/5/9901.md?p=2) of Defense (hereafter in this section referred to as the “[Secretary](/usc/5/9901.md?p=2)”) may [pay](/usc/5/7511.md?p=a-4) premium [pay](/usc/5/7511.md?p=a-4) at the rate of 5 per centum of the applicable rate of [basic pay](/usc/5/8401.md?p=4) to—
  - (1) any [employee](/usc/5/5541.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense who is—
    - (A) occupying a [position](/usc/5/5102.md?p=a-3) in the [air traffic controller](/usc/5/8401.md?p=35) series classified not lower than GS–9 and located in an air traffic control center or terminal or in a flight [service](/usc/5/8401.md?p=26) station;
    - (B) assigned to a [position](/usc/5/5102.md?p=a-3) classified not lower than GS–09 or WG–10 located in an airway facilities sector; or
    - (C) assigned to a flight inspection crew-[member](/usc/5/8401.md?p=20) [position](/usc/5/5102.md?p=a-3) classified not lower than GS–11 located in a flight inspection field [office](/usc/5/5402.md?p=3),

    the duties of whose [position](/usc/5/5102.md?p=a-3) are determined by the [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) to be directly involved in or responsible for the operation and maintenance of the air traffic control [system](/usc/5/8401.md?p=29); and

  - (2) any [employee](/usc/5/5541.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense who is assigned to a flight test pilot [position](/usc/5/5102.md?p=a-3) classified not lower than GS-12 located in a region or center, the duties of whose [position](/usc/5/5102.md?p=a-3) are determined by the [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) to be unusually taxing, physically or mentally, and to be critical to the advancement of aviation safety; and
  - (3) any [employee](/usc/5/5541.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) who occupies a [position](/usc/5/5102.md?p=a-3) at the Federal Aviation [Administration](/usc/5/9801.md?p=1) Academy, Oklahoma City, Oklahoma, the duties of which are determined by the [Administrator](/usc/5/9801.md?p=2) to require the individual to be actively engaged in or directly responsible for [training](/usc/5/4101.md?p=4) [employees](/usc/5/5541.md?p=2) to perform the duties of a [position](/usc/5/5102.md?p=a-3) described in subparagraph (a); (b); or (c) or paragraph (1) of this subsection, and who, immediately prior to assuming such [position](/usc/5/5102.md?p=a-3) at such Academy, occupied a [position](/usc/5/5102.md?p=a-3) referred to in subparagraph (a), (b), or (c) of paragraph (1) of this subsection.
- (b) The premium [pay](/usc/5/7511.md?p=a-4) payable under any subsection of this section is in addition to [basic pay](/usc/5/8401.md?p=4) and to premium [pay](/usc/5/7511.md?p=a-4) payable under any other subsection of this section and any other provision of this subchapter.
- (c)
  - (1) The [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) may [pay](/usc/5/7511.md?p=a-4) premium [pay](/usc/5/7511.md?p=a-4) to any [employee](/usc/5/5541.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense who—
    - (A) is an [air traffic controller](/usc/5/8401.md?p=35) located in an air traffic control center or terminal;
    - (B) is not required as a condition of employment to be certified by the [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) as proficient and medically qualified to perform duties including the separation and control of air traffic; and
    - (C) is so certified.
  - (2) Premium [pay](/usc/5/7511.md?p=a-4) 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](/usc/5/8401.md?p=4) for so long as such [employee](/usc/5/5541.md?p=2) is so certified.
- (d)
  - (1) The [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) may [pay](/usc/5/7511.md?p=a-4) premium [pay](/usc/5/7511.md?p=a-4) to any [air traffic controller](/usc/5/8401.md?p=35) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense who is assigned by the [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) to provide on-the-job [training](/usc/5/4101.md?p=4) to another [air traffic controller](/usc/5/8401.md?p=35) while such other [air traffic controller](/usc/5/8401.md?p=35) is directly involved in the separation and control of live air traffic.
  - (2) Premium [pay](/usc/5/7511.md?p=a-4) 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](/usc/5/8401.md?p=4) times the number of hours and portion of an hour during which the [air traffic controller](/usc/5/8401.md?p=35) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense provides on-the-job [training](/usc/5/4101.md?p=4).
- (e)
  - (1) The [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) may [pay](/usc/5/7511.md?p=a-4) premium [pay](/usc/5/7511.md?p=a-4) to any [air traffic controller](/usc/5/8401.md?p=35) or flight [service](/usc/5/8401.md?p=26) station specialist of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense who, while working a regularly scheduled eight-hour period of [service](/usc/5/8401.md?p=26), is required by his [supervisor](/usc/5/7103.md?p=a-10) to work during the fourth through sixth hour of such period without a break of thirty minutes for a meal.
  - (2) Premium [pay](/usc/5/7511.md?p=a-4) 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](/usc/5/8401.md?p=4).
- (f)
  - (1) The [Administrator](/usc/5/9801.md?p=2) or the [Secretary](/usc/5/9901.md?p=2) shall prescribe standards for determining which [air traffic controllers](/usc/5/8401.md?p=35) and other [employees](/usc/5/5541.md?p=2) of the Federal Aviation [Administration](/usc/5/9801.md?p=1) or the [Department](/usc/5/10101.md?p=4) of Defense are to be paid premium [pay](/usc/5/7511.md?p=a-4) under this section.
  - (2) The [Administrator](/usc/5/9801.md?p=2) and the [Secretary](/usc/5/9901.md?p=2) may prescribe such rules as he determines are necessary to carry out the provisions of this section.

## Source credit

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

## Notes

### Editorial Notes

### Amendments

1984—Pub. L. 98–525, § 1537(c)(6)(A), inserted “and the Department of Defense” in section catchline.

Subsec. (a). Pub. L. 98–525, § 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, § 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, § 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, § 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, § 1537(c)(5)(B), inserted “and the Secretary”.

1982—Subsec. (a)(3). Pub. L. 97–377 added par. (3).

### Statutory Notes and Related Subsidiaries

### 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

Pub. L. 97–377, title I, § 145(b), as added by Pub. L. 98–78, title III, § 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

Pub. L. 97–276, § 151(h)(1), Oct. 2, 1982, 96 Stat. 1202, provided that: 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. 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].”