Pub. L. 108-136, div. A, tit. XI, subtit. C, sec. 1124
AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES OF MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE AGENCIES TO BE PAID ON A BIWEEKLY BASIS.
SEC. 1124. AUTHORIZATION FOR CABINET SECRETARIES, SECRETARIES OF MILITARY DEPARTMENTS, AND HEADS OF EXECUTIVE AGENCIES TO BE PAID ON A BIWEEKLY BASIS.(a) Authorization.—Section 5504 of title 5, United States Code, is amended—(1) by redesignating subsection (c) as subsection (d); (2) by striking the last sentence of both subsection (a) and subsection (b); and(3) by inserting after subsection (b) the following:“(c) For the purposes of this section:“(1) The term ‘employee’ means—“(A) an employee in or under an Executive agency;“(B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(a)(5) of this title; and“(C) an individual employed by the government of the District of Columbia.“(2) The term ‘employee’ does not include—“(A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or“(B) an employee or individual excluded from the definition of employee in section 5541(2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section. “(3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual’s employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).”.117 STAT. 1638(b) Guidelines.—Subsection (d) of section 5504 of such title, as redesignated by subsection (a), is amended—(1) by inserting “(1)” after “(d)”; and(2) by adding at the end the following new paragraph:“(2) The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.”.