Relationship to other provisions.

CFR · 2024-01-01 · US · Title 5

(a)(1) The provisions of title 5, U.S. Code, are waived or modified to the extent authorized by 5 U.S.C. 9701 to conform to the provisions of this part. (2) This part must be interpreted in a way that recognizes the critical mission of the Department. Each provision of this part must be construed to promote the swift, flexible, effective day-to-day accomplishment of this mission, as defined by the Secretary or designee. The interpretation of the regulations in this part by DHS and OPM must be accorded great deference. (b) For the purpose of applying other provisions of law or Governmentwide regulations that reference provisions under chapters 43, 51, 53, 71, 75, and 77 of title 5, U.S. Code, the referenced provisions are not waived but are modified consistent with the corresponding regulations in this part, except as otherwise provided in this part (including paragraph (c) of this section) or in DHS implementing directives. Applications of this rule include, but are not limited to, the following: (1) If another provision of law or Governmentwide regulations requires coverage under one of the chapters modified or waived under this part ( (i) Foreign language awards for law enforcement officers under 5 U.S.C. 4521-4523; (ii) Pay for firefighters under 5 U.S.C. 5545b; (iii) Differentials for duty involving physical hardship or hazard under 5 U.S.C. 5545(d); (iv) Recruitment, relocation, and retention payments under 5 U.S.C. 5753-5754; (v) Physicians' comparability allowances und

official document · source cfr-2024 · id 5:§ 9701.106