SUBCHAPTER I—PAY COMPARABILITY SYSTEM
§5301. Policy
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 11, 1962, |
The words "It is the policy of Congress" are substituted for "The Congress hereby declares". The words "whereas the functions of a Federal salary system are to fix salary rates for the services rendered by Federal employees so as to make possible the employment of persons well qualified to conduct the Government's programs and to control expenditures of public funds for personal services with equity to the employee and to the taxpayer, and whereas fulfillment of these functions is essential to the development and maintenance of maximum proficiency in the civilian services of Government, then, accordingly" are omitted as unnecessary.
In the last sentence, the words "and henceforth" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1990—
"(a) It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that—
"(1) there be equal pay for substantially equal work;
"(2) pay distinctions be maintained in keeping with work and performance distinctions;
"(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and
"(4) pay levels for the statutory pay systems be interrelated.
"(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of
"(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under—
"(1) subchapter III of this chapter, relating to the General Schedule;
"(2) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
"(3)
1980—Subsec. (c)(2).
1971—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Section 529 [title III, §305] of
"(a)
"(b)
Effective Date of 1980 Amendment
Amendment by
Short Title of 2000 Amendment
Short Title of 1993 Amendment
Short Title of 1990 Amendment; Rules of Construction
"(a)
"(b)
"(2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to 'this Act' (or to any title, section, or other designated provision of 'this Act'), and any reference made in any provision of law outside of this Act to the 'Treasury, Postal Service and General Government Appropriations Act, 1991' [
Short Title
Pay-for-Performance Labor-Management Committee
"(a)
"(1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened;
"(2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee;
"(3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and
"(4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993.
"(b)
"(c)
"(1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee's education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively;
"(2) an employee of the Office of Personnel Management, designated by the Director of such Office;
"(3) an employee of the Department of Defense, designated by the Secretary of Defense;
"(4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and
"(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
"(d)
"(e)
"(f)
"(g)
"(1) the types of pay raises to be covered;
"(2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range;
"(3) the role organization performance should play in pay-for-performance systems;
"(4) any differences in pay-for-performance systems for different categories of employees;
"(5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and
"(6) whether demonstration projects on pay-for-performance are desirable."
Budget Act Compliance
Pay Rates for Current Employees
Executive Documents
Ex. Ord. No. 12748. Providing for Federal Pay Administration
Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amended by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281; Ex. Ord. No. 13106, §8, Dec. 7, 1998, 63 F.R. 68152; Ex. Ord. No. 13415, §2(a), Dec. 1, 2006, 71 F.R. 70641, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Employees Pay Comparability Act of 1990 (hereinafter "FEPCA"), as incorporated in section 529 of
(a) the Office of Personnel Management, for the General Schedule;
(b) the Department of State, for the Foreign Service Schedule; and
(c) the Department of Veterans Affairs, for the Veterans Health Services and Research Administration Schedules.
(b) The head of each executive agency employing personnel under a statutory pay system, as defined in
(c) The President's Pay Agent, as designated in subsection (a), is hereby authorized and designated to exercise the authorities of the President under section 5304(g)–(h) [
"(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of
(b) The Office of Personnel Management shall take such actions as the Office may determine to be necessary to provide for the orderly termination of the Executive Assignment System.
(b) Except as otherwise provided by
§5302. Definitions
For the purpose of this subchapter—
(1) the term "statutory pay system" means a pay system under—
(A) subchapter III, relating to the General Schedule;
(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
(C)
(2) the term "ECI" means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
(3) the "base quarter" for any year is the 3-month period ending on September 30 of such year;
(4) the term "pay agent" means the agent designated by the President under section 5304(d)(1);
(5) the term "locality" or "pay locality" means any locality, as established or modified under section 5304;
(6) the term "pay disparity", as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;
(7) the term "comparability payment" means a payment payable under section 5304;
(8) the term "rates of pay under the General Schedule", "rates of pay for the General Schedule", or "scheduled rates of basic pay" means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and
(9) the term "General Schedule position" means any position to which subchapter III applies.
(Added
Editorial Notes
References in Text
Section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to
Prior Provisions
A prior section 5302,
Amendments
2004—Par. (8).
"(A) the rates of basic pay set forth in the General Schedule; and
"(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and".
1993—Par. (8).
Par. (9).
1992—Par. (1)(C).
Par. (8)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
§5303. Annual adjustments to pay schedules
(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(b)(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall—
(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and
(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government's ability to recruit and retain well-qualified employees.
(c) The rates of basic pay that take effect under this section—
(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and
(2) shall be printed in the Federal Register and the Code of Federal Regulations.
(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335.
(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action.
(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 11, 1962, Aug. 14, 1964, |
In subsection (a), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil service laws and regulations".
In subsections (a), (b), and (d), the word "agency" is substituted for "agency or agencies" because the singular imports the plural, see
In subsection (d), the word "officer" is omitted as included in "employee", "agency" is substituted for "department", and "rules" is omitted as included in "regulations".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
Level V of the Executive Schedule, referred to in subsec. (f), is set out in
Amendments
1990—
1980—Subsec. (a)(4).
1978—Subsec. (a).
1975—Subsec. (c).
1970—Subsec. (a)(2).
1967—Subsec. (a).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Pay Raises for Programs Funded by Energy and Water Development Appropriations Acts To Be Absorbed Within Such Acts
Sense of Congress
Federal Employee Pay Adjustments—Vice President and Executive Schedule Positions
CY 2024—
"(a) Notwithstanding any official rate adjusted under
"(b) Notwithstanding any official rate adjusted under
"(c) Notwithstanding section 401 of the Foreign Service Act of 1980 (
"(d)(1) This subsection applies to—
"(A) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or
"(B) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule.
"(2) Notwithstanding
"(e) Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality based payments under
"(f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law.
"(g) This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under
"(h) This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 (
"(i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of
"(j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of
"(k) If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2024 but ends in calendar year 2025, the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period.
"(l) For the purpose of this section, the term 'covered position' means a position occupied by an employee whose pay is restricted under this section.
"(m) This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2024."
Additional adjustments were made in the following prior acts:
CY 2023—
CY 2022—
CY 2021—
CY 2020—
CY 2019—
CY 2018—
"(a) The Vice President may not receive a pay raise in calendar year 2018, notwithstanding the rate adjustment made under
"(b) An employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2018, notwithstanding schedule adjustments made under
"(c) A chief of mission or ambassador at large may not receive a pay rate increase in calendar year 2018, notwithstanding section 401 of the Foreign Service Act of 1980 (
"(d) Notwithstanding
"(1) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above level IV of the Executive Schedule [
"(2) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above level IV of the Executive Schedule.
"(e) Any employee paid a rate of basic pay (including any locality-based payments under
"(f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law.
"(g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under
"(h) A member of the Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 (
"(i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position with higher-level duties and a pre-established higher level or range of pay, except that any such increase must be based on the rates of pay and applicable pay limitations in effect on December 31, 2013.
"(j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable pay limitations in effect on December 31, 2013.
"(k) If an employee affected by subsections (b) through (e) is subject to a biweekly pay period that begins in calendar year 2018 but ends in calendar year 2019, the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period."
Similar provisions were contained in the following prior acts:
CY 2017—
CY 2016—
CY 2015—
CY 2014—
CYs 2011–2013—
"(a) For the purposes of this section—
"(1) the term 'employee'—
"(A) means an employee as defined in
"(B) includes an individual to whom subsection (b), (c), or (f) of such section 2105 pertains (whether or not such individual satisfies subparagraph (A));
"(2) the term 'senior executive' means—
"(A) a member of the Senior Executive Service under subchapter VIII of
"(B) a member of the FBI–DEA Senior Executive Service under subchapter III of
"(C) a member of the Senior Foreign Service under
"(D) a member of any similar senior executive service in an Executive agency;
"(3) the term 'senior-level employee' means an employee who holds a position in an Executive agency and who is covered by
"(4) the term 'Executive agency' has the meaning given such term by
"(b)(1) Notwithstanding any other provision of law, except as provided in subsection (e), no statutory pay adjustment which (but for this subsection) would otherwise take effect during the period beginning on January 1, 2011, and ending on December 31, 2013, shall be made.
"(2) For purposes of this subsection, the term 'statutory pay adjustment' means—
"(A) an adjustment required under
"(B) any similar adjustment, required by statute, with respect to employees in an Executive agency.
"(c) Notwithstanding any other provision of law, except as provided in subsection (e), during the period beginning on January 1, 2011, and ending on December 31, 2013, no senior executive or senior-level employee may receive an increase in his or her rate of basic pay absent a change of position that results in a substantial increase in responsibility, or a promotion.
"(d) The President may issue guidance that Executive agencies shall apply in the implementation of this section.
"(e) The Non-Foreign Area Retirement Equity Assurance Act of 2009 [
[
Adjustment in Rates of Pay of Employees
FY 2020—
"(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2020 under
"(b) Notwithstanding section 737 [
"(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2020."
Additional adjustments were made in the following prior acts:
FY 2019—
FY 2010—
FY 2009—
FY 2008—
FY 2006—
FY 2005—
FY 2004—
FY 2003—
FY 2002—
FY 2001—
FY 2000—
FY 1999—
FY 1997—
FY 1996—
FY 1995—
FY 1994—
FY 1991—
Other Provisions Relating to Adjustments in Rates of Pay
FYs 1992–1994—
"(a)
"(1) For purposes of the adjustment taking effect in each of fiscal years 1992 and 1993, respectively, deem subsection (a) to be amended by striking 'one-half of 1 percentage point less than'.
"(2) Deem subsection (b) to be amended as follows:
"(A) In paragraph (1), strike 'if' and all that follows thereafter through 'welfare,' and insert 'Subject to paragraph (2), if'.
"(B) Redesignate paragraphs (2) and (3) as paragraphs (3) and (4), respectively.
"(C) Insert after paragraph (1) the following:
" '(2) Authority to provide alternative pay adjustments under this subsection in any year may not be exercised except in accordance with the following:
" '(A) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be 5 percent or less, no reduction may be made unless necessary because a state of war or severe economic conditions exist.
" '(B) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be greater than 5 percent, no reduction may be made—
" '(i) to a level of 5 percent or greater, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or
" '(ii) to a level of less than 5 percent, unless necessary because of either of the reasons set forth in subparagraph (A).'
"(D) Add after paragraph (4) (as so redesignated by subparagraph (B) the following:
" '(5) For the purpose of this subsection, "severe economic conditions" shall be considered to exist relative to an adjustment scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.'
"(b)
1989—
"(a)
"(1)
"(2)
"(A) Section 620(b) of the Treasury, Postal Service and General Government Appropriations Act, 1989 (
"(B) Section 619(b) of the Treasury, Postal Service and General Government Appropriations Act, 1990 (
"(b)
"(c)
"(d)
FYs 1988–1990—
"(1)
"(A) the percentage increase that would have taken effect in fiscal year 1988 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(B) the percentage increase that would have taken effect in fiscal year 1989 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(C) the percentage increase that would take effect in fiscal year 1990 by the application of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(2) The increase in the rates of pay for each office and position described under paragraph (1) shall be effective on the first day of the first pay period beginning on or after January 1, 1990."
FY 1990—
"(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1990, the overall average percentage of the adjustment under
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1990.
"(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under
"(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1989, was equal to or greater than the rate of basic pay described in paragraph (3); or
"(B) to a rate exceeding the rate of basic pay described in paragraph (3) if, as of September 30, 1989, the rate of salary or basic pay payable for that office or position was less than the rate described in such paragraph.
"(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1989, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed—
"(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(3) The rate of basic pay described in this paragraph is the rate equal to the rate of basic pay payable for level III of the Executive Schedule under
Additional adjustments under
FY 1989—
FY 1988—
FY 1987—
FYs 1986–1988—
"(1) The rates of pay under the General Schedule and the rates of pay under the other statutory pay systems referred to in
"(2)(A)(i) For fiscal years 1987 and 1988, the President shall provide for the adjustment of rates of pay under
"(ii) Clause (i) of this subparagraph shall not be construed to suspend the requirements of
"(B) Each adjustment in a pay rate or schedule which takes effect pursuant to subparagraph (A) of this paragraph—
"(i) shall, to the maximum extent practicable, be of the same percentage; and
"(ii) shall be effective with respect to pay periods beginning on or after January 1 of the fiscal year involved."
FY 1984—
FY 1983—
"(1) Notwithstanding any other provision of law, if—
"(A) before September 1, 1982, the President transmits to the Congress pursuant to
"(B) the alternative plan referred to in subparagraph (A) is disapproved pursuant to such section 5305,
the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems shall be increased under the provisions of such section 5305 by 4 percent in the case of fiscal year 1983.
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect on the first day of the first applicable pay period commencing on or after October 1 of such fiscal year."
FY 1982—
FY 1979—
"(a) No part of any of the funds appropriated for the fiscal year ending September 30, 1979, by this Act or any other Act, may be used to pay the salary or pay of any individual in any office or position in an amount which exceeds the rate of salary or basic pay payable for such office or position on September 30, 1978, by more than 5.5 percent, as a result of any adjustments which take effect during such fiscal year under—
"(1)
"(2) any other provision of law if such adjustment is determined by reference to such section 5305; or
"(3)
"(b) For the purpose of administering any provision of law, rule, or regulation which provides premium pay, retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
1972—
"(1) shall not be greater than the guidelines established for the wage and salary adjustments for the private sector that may be authorized under authority of any statute of the United States, including the Economic Stabilization Act of 1970 (
"(2) shall be placed into effect on the first day of the first pay period that begins on or after January 1, 1972.
Nothing in this section shall be construed to provide any adjustments in rates of pay of any Federal statutory pay system which are greater than the adjustments based on the 1971 Bureau of Labor Statistics survey."
Allowed Deviations from Provisions of Subchapter I for Adjustments Made in 1971 and 1972
Special Adjustments Made by President for 1968 and 1969
"(1) effective on the first day of the first pay period beginning on or after July 1, 1968, adjust the rates of basic pay, basic compensation, and salary, as in effect by reason of the enactment of the provisions of this title [see Short Title note under
"(A) by amounts equal, as nearly as may be practicable, to one-half of the amounts by which such rates are exceeded by rates of pay paid for the same levels of work in private enterprise as determined on the basis of the 1967 annual survey conducted by the Bureau of Labor Statistics in accordance with the provisions of
"(B) by 3 per centum,
whichever is greater; and
"(2) effective on the first day of the first pay period beginning on or after July 1, 1969, adjust the rates he has established under subparagraph (1) of this section, and the rates established by Postal Field Service Schedule II, and Rural Carrier Schedule II (contained in the amendments made by subsections (a) and (b) of section 205 [amending
Adjustments made by the President under this section shall have the force and effect of statute. The rates of pay of personnel subject to sections 210, 213 (except subsections (d) and (e) ), and 214 of this title [see Short Title note under
"(i) the President pro tempore of the Senate, with respect to the United States Senate;
"(ii) the Speaker of the House of Representatives with respect to the United States House of Representatives;
"(iii) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol;
"(iv) the Director of the Administrative Office of the United States Courts, with respect to the judicial branch of the Government; and
"(v) the Secretary of Agriculture, with respect to persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (
Such adjustments shall be made in such manner as the appropriate authority concerned deems advisable and shall have the force and effect of statute. Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action." [Section 212 of
Executive Documents
Delegation of Functions
For designation of agencies to perform functions of President under subsec. (g) of this section, see Ex. Ord. No. 12748, §1, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
§5304. Locality-based comparability payments
(a) Pay disparities shall be identified and reduced as follows:
(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2)(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that—
(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than 1/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than 2/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than 3/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than 4/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and
(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent.
(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality's pay disparity completely.
(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable).
(c)(1) The amount of the comparability payment payable within any particular locality during a calendar year—
(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and
(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee's scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g).
(2) A comparability payment—
(A) shall be considered to be part of basic pay for purposes of retirement under
(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section.
(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303.
(4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section.
(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality.
(d) In order to carry out this section, the President shall—
(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that—
(A) compares the rates of pay under the General Schedule (disregarding any described in section 5302(8)(C)) 1 with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate surveys that shall be conducted by the Bureau of Labor Statistics;
(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable);
(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and
(D) includes the views and recommendations submitted under subsection (e);
(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and
(3) transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall—
(A) identify each pay locality;
(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent's most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and
(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year.
(e)(1) The President shall establish a Federal Salary Council of 9 members, of whom—
(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and
(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. However, members under subparagraph (A) may be paid expenses in accordance with section 5703. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council.
(2) The pay agent shall—
(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding—
(i) the establishment or modification of pay localities;
(ii) the coverage of the surveys of pay localities conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries to be surveyed, and how pay localities are to be surveyed);
(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and
(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section;
(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)–(iv); and
(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council.
(f)(1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that—
(A) each General Schedule position in the United States, as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, shall be included within a pay locality; and
(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers.
(2)(A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section.
(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A).
(g)(1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for—
(A) positions under subparagraphs (A) and (B) of subsection (h)(1);
(B) positions under subsection (h)(1)(C) not covered by appraisal systems certified under subsection 5307(d); and
(C) any positions under subsection (h)(1)(D) as the President may determine.
(3) The applicable maximum under this subsection shall be level II of the Executive Schedule for positions under subsection (h)(1)(C) covered by appraisal systems certified under section 5307(d).
(h)(1) For the purpose of this subsection, the term "position" means—
(A) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105);
(B) a position to which section 5372a applies (relating to contract appeals board members);
(C) a Senior Executive Service position under section 3132 or 3151 or a senior level position under section 5376 stationed within the United States, but outside the 48 contiguous States and the District of Columbia in which the incumbent was an individual who on the day before the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 was eligible to receive a cost-of-living allowance under section 5941 and who thereafter has served continuously in an area in which such an allowance was payable; and
(D) a position within an Executive agency not covered under the General Schedule or any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) no more than the rate payable for level IV of the Executive Schedule;
but does not include—
(i) a position to which subchapter IV applies (relating to prevailing rate systems);
(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions);
(iii) a position to which subchapter II applies (relating to the Executive Schedule);
(iv) a Senior Executive Service position under section 3132, except for a position covered by subparagraph (C);
(v) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151, except for a position covered by subparagraph (C);
(vi) a position in a system equivalent to the system in clause (iv), as determined by the President's Pay Agent designated under subsection (d); or
(vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions), except for a position covered by subparagraph (C).
(2)(A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments.
(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover—
(i) with respect to the positions under subparagraphs (A) through (C) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of such paragraph); and
(ii) with respect to positions under paragraph (1)(D), such positions as may be considered appropriate (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of paragraph (1)).
(C) Notwithstanding subsection (c)(4) or any other provision of law, but subject to paragraph (3), in the case of a category with positions that are in more than 1 Executive agency, the President may, on his own initiative, provide that each employee who holds a position within such category, and in the locality involved, shall be entitled to receive comparability payments. No later than 30 days before an employee receives comparability payments under this subparagraph, the President or the President's designee shall submit a detailed report to the Congress justifying the reasons for the extension, including consideration of recruitment and retention rates and the expense of extending locality pay.
(3) Comparability payments under this subsection—
(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality;
(B) shall take effect, within the locality involved, on the first day of the first applicable pay period commencing on or after such date as the President designates (except that no date may be designated which would require any retroactive payments), and shall remain in effect through the last day of the last applicable pay period commencing during that calendar year;
(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and
(D) shall be subject to the applicable limitation under subsection (g).
(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Oct. 11, 1962, |
The words "agencies" and "regulations" are substituted for "departments" and "rules", respectively.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in Text
The General Schedule, referred to in text, is set out under
Section 5302(8)(C), referred to in subsec. (d)(1)(A), was redesignated 5302(8)(B) of this title by
Levels II, III, and IV of the Executive Schedule, referred to in subsecs. (g) and (h)(1)(D), are set out in sections 5313, 5314, and 5315, respectively, of this title.
For the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 [
Amendments
2009—Subsec. (f)(1)(A).
Subsec. (g)(2)(B), (C).
Subsec. (g)(3).
Subsec. (h)(1)(C), (D).
Subsec. (h)(1)(iv), (v).
Subsec. (h)(1)(vii).
Subsec. (h)(2)(B)(i).
Subsec. (h)(2)(B)(ii).
2008—Subsec. (g)(2).
"(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for—
"(A) positions under subparagraphs (A)–(C) of subsection (h)(1); and
"(B) any positions under subsection (h)(1)(D) which the President may determine."
Subsec. (h)(1).
Subsec. (h)(1)(A) to (D).
Subsec. (h)(2)(B)(i).
Subsec. (h)(2)(B)(ii).
2004—Subsec. (g)(2)(A).
Subsec. (h)(2)(B)(i).
2003—Subsec. (g)(2)(A).
Subsec. (g)(2)(B).
Subsec. (h)(1)(B) to (F).
"(B) a Senior Executive Service position under section 3132;
"(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151;".
Subsec. (h)(1)(iv) to (vi).
Subsec. (h)(2)(B)(i).
Subsec. (h)(2)(B)(ii).
1992—Subsec. (a)(3).
Subsec. (a)(3)(H).
Subsec. (a)(3)(I).
Subsec. (d)(1)(A).
Subsec. (e)(1).
Subsec. (e)(2)(A)(ii).
Subsec. (g)(2).
Subsec. (h)(1)(F).
Subsec. (h)(1)(iii).
Subsec. (h)(2)(C).
Subsec. (h)(3)(B).
1990—
1980—
1978—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
For effective date of amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2004 Amendment
Effective Date of 2003 Amendment
"(1) The amendments made by this section [enacting
"(2) The amendments made by subsection (a) [amending this section and
"(3) For the purposes of paragraph (2), the rate of basic pay for a senior executive shall be deemed to be the rate of basic pay set for the senior executive under
"(4) Until otherwise provided by law, or except as otherwise provided by this section, any reference in a provision of law to a rate of basic pay that is above the minimum payable and below the maximum payable to a member of the Senior Executive Service shall be considered a reference to the rate of basic pay payable for level IV of the Executive Schedule."
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Locality Pay for Federal Employees Working Overseas Under Domestic Employee Teleworking Overseas Agreements
"(a)
"(1)
"(2)
"(A) occupies a position in the civil service; and
"(B) is working overseas under a Domestic Employee Teleworking Overseas agreement.
"(3)
"(4)
"(5)
"(A) the continental United States; or
"(B) a nonforeign area.
"(b)
"(1) the amount of a locality-based comparability payment that the covered employee would have been paid under
"(2) the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 (
"(c)
"(1) shall begin to be paid not later than 60 days after the date of the enactment of this Act [Dec. 23, 2022]; and
"(2) shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under
Non-Foreign Area Retirement Equity Assurance
"SEC. 1911. SHORT TITLE.
"This subtitle may be cited as the 'Non-Foreign Area Retirement Equity Assurance Act of 2009' or the 'Non-Foreign AREA Act of 2009'.
"SEC. 1912. EXTENSION OF LOCALITY PAY.
"(a)
"(b)
"SEC. 1913. ADJUSTMENT OF SPECIAL RATES.
"(a)
"(b)
"(1)
"(2)
"(A) is similar to the authority exercised under
"(B) is exercised by the head of an agency when the head of the agency determines it to be necessary in order to obtain or retain the services of persons specified by statute; and
"(C) authorizes the head of the agency to increase the minimum, intermediate, or maximum rates of basic pay authorized under applicable statutes and regulations.
"(c)
"SEC. 1914. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS.
"Notwithstanding any other provision of this subtitle or
"(1) in calendar year 2010, by using 1/3 of the locality pay percentage for the rest of United States locality pay area;
"(2) in calendar year 2011, by using 2/3 of the otherwise applicable comparability payment approved by the President for each non-foreign area; and
"(3) in calendar year 2012 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area.
"SEC. 1915. SAVINGS PROVISION.
"(a)
"(1) the application of this subtitle to any employee should not result in a decrease in the take home pay of that employee;
"(2) in calendar year 2012 and each subsequent year, no employee shall receive less than the Rest of the U.S. locality pay rate;
"(3) concurrent with the surveys next conducted under the provisions of
"(4) if the surveys under paragraph (3) indicate that the pay disparity determined for the State of Alaska, the State of Hawaii, or any 1 of the United States territories including American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United States Virgin Islands exceeds the pay disparity determined for the locality which (for purposes of section 5304 of that title) is commonly known as the 'Rest of the United States', the President's Pay Agent should take appropriate measures to provide that each such surveyed area be treated as a separate pay locality for purposes of that section; and
"(5) the President's Pay Agent will establish 1 locality area for the entire State of Hawaii and 1 locality area for the entire State of Alaska.
"(b)
"(1)
"(2)
"(A) the employee leaves the allowance area or pay system; or
"(B) the employee is entitled to receive basic pay (including any applicable locality-based comparability payment or similar supplement) at a higher rate,
but, when any such position becomes vacant, the pay of any subsequent appointee thereto shall be fixed in the manner provided by applicable law and regulation.
"(3)
"SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.
"(a)
"(1)
"(A) any employee who—
"(i) on the day before the date of enactment of this Act [Oct. 28, 2009]—
"(I) was eligible to be paid a cost-of-living allowance under 5941 of
"(II) was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or
"(ii) on or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of
"(B) any employee who—
"(i) on the day before the date of enactment of this Act—
"(I) was eligible to be paid an allowance under
"(II) was eligible to be paid an allowance under
"(III) was employed by the Transportation Security Administration of the Department of Homeland Security and was eligible to be paid an allowance based on
"(IV) was eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under
"(ii) on or after the date of enactment of this Act [Oct. 28, 2009]—
"(I) becomes eligible to be paid an allowance under
"(II) becomes eligible to be paid an allowance under
"(III) is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an allowance based on
"(IV) becomes eligible to be paid under any other authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under
"(2)
"(A)
"(B)
"(C)
"(b)
"(1)
"(2)
"(A)
"(i) may result in the allowance exceeding 25 percent of the rate of basic pay of that employee; and
"(ii) shall be the greater of—
"(I) the cost-of-living allowance rate in effect on December 31, 2009 for the applicable area; or
"(II) the applicable locality-based comparability pay percentage under section 1914.
"(B)
"(i) provide for an employee described under subparagraph (A) to be a covered employee as defined under subsection (a); or
"(ii) authorize an employee described under subparagraph (A) to file an election under section 1917 of this subtitle.
"SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES.
"(a)
"(1) to whom section 1914 applies;
"(2) who is separated from service by reason of retirement under
"(3) who files an election with the Office of Personnel Management under subsection (b).
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(d)
"(1)
"(A) an amount equal to the difference between—
"(i) employee contributions that would have been deducted and withheld from pay under
"(ii) employee contributions that were actually deducted and withheld from pay under
"(B) interest as prescribed under
"(2)
"(A)
"(B)
"(3)
"SEC. 1918. REGULATIONS.
"(a)
"(1) rules for special rate employees described under section 1913;
"(2) rules for adjusting rates of basic pay for employees in pay systems administered by the Office of Personnel Management when such employees are not entitled to locality-based comparability payments under
"(3) rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay exceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2012.
"(b)
"SEC. 1919. EFFECTIVE DATES.
"(a)
"(b)
Comparability Payments Between 2002 and 2007; Comparisons and Recommendations; Revision of Methodology
"(a) For purposes of this section—
"(1) the term 'comparability payment' refers to a locality-based comparability payment under
"(2) the term 'President's pay agent' refers to the pay agent described in section 5302(4) of such title; and
"(3) the term 'pay locality' has the meaning given such term by section 5302(5) of such title.
"(b) Notwithstanding any provision of
"(1) data from surveys of the Bureau of Labor Statistics;
"(2) salary data sets obtained under subsection (c); or
"(3) any combination thereof.
"(c) To the extent necessary in order to carry out this section, the President's pay agent may obtain any salary data sets (referred to in subsection (b)) from any organization or entity that regularly compiles similar data for businesses in the private sector.
"(d)(1)(A) This paragraph applies with respect to the five metropolitan statistical areas described in paragraph (3) which—
"(i) have the highest levels of nonfarm employment (as determined based on data made available by the Bureau of Labor Statistics); and
"(ii) as of the date of the enactment of this Act [Dec. 21, 2000], have not previously been surveyed by the Bureau of Labor Statistics (as discrete pay localities) for purposes of
"(B) The President's pay agent, based on such comparisons under subsection (b) as the pay agent considers appropriate, shall: (i) determine whether any of the five areas under subparagraph (A) warrants designation as a discrete pay locality; and (ii) if so, make recommendations as to what level of comparability payments would be appropriate during 2002 for each area so determined.
"(C)(i) Any recommendations under subparagraph (B)(ii) shall be included—
"(I) in the pay agent's report under
"(II) if compliance with subclause (I) is impracticable, in a supplementary report which the pay agent shall submit to the President and the Congress no later than March 1, 2001.
"(ii) In the event that the recommendations are completed in time to be included in the report described in clause (i)(I), a copy of those recommendations shall be transmitted by the pay agent to the Congress contemporaneous with their submission to the President.
"(D) Each of the five areas under subparagraph (A) that so warrants, as determined by the President's pay agent, shall be designated as a discrete pay locality under
"(2) The President's pay agent may, at any time after the 180th day following the submission of the report under subsection (f), make any initial or further determinations or recommendations under this section, based on any pay comparisons under subsection (b), with respect to any area described in paragraph (3).
"(3) An area described in this paragraph is any metropolitan statistical area within the continental United States that (as determined based on data made available by the Bureau of Labor Statistics and the Office of Personnel Management, respectively) has a high level of nonfarm employment and at least 2,500 General Schedule employees whose post of duty is within such area.
"(e)(1) The authority under this section to make pay comparisons and to make any determinations or recommendations based on such comparisons shall be available to the President's pay agent only for purposes of comparability payments becoming payable on or after January 1, 2002, and before January 1, 2007, and only with respect to areas described in subsection (d)(3).
"(2) Any comparisons and recommendations so made shall, if included in the pay agent's report under
"(f)(1) No later than March 1, 2001, the President's pay agent shall submit to the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, a report on the use of pay comparison data, as described in subsection (b)(2) or (3) (as appropriate), for purposes of comparability payments.
"(2) The report shall include the cost of obtaining such data, the rationale underlying the decisions reached based on such data, and the relative advantages and disadvantages of using such data (including whether the effort involved in analyzing and integrating such data is commensurate with the benefits derived from their use). The report may include specific recommendations regarding the continued use of such data.
"(g)(1) No later than May 1, 2001, the President's pay agent shall prepare and submit to the committees specified in subsection (f)(1) a report relating to the ongoing efforts of the Office of Personnel Management, the Office of Management and Budget, and the Bureau of Labor Statistics to revise the methodology currently being used by the Bureau of Labor Statistics in performing its surveys under
"(2) The report shall include a detailed accounting of any concerns the pay agent may have regarding the current methodology, the specific projects the pay agent has directed any of those agencies to undertake in order to address those concerns, and a time line for the anticipated completion of those projects and for implementation of the revised methodology.
"(3) The report shall also include recommendations as to how those ongoing efforts might be expedited, including any additional resources which, in the opinion of the pay agent, are needed in order to expedite completion of the activities described in the preceding provisions of this subsection, and the reasons why those additional resources are needed."
Freeze of Current Rate for Locality-based Comparability Adjustments
Comparability Payments in 1994 and 1995
"(b) For purposes of any locality-based comparability payments taking effect in fiscal year 1995 under subchapter I of
"(c) Notwithstanding
"(1) as determined by the pay agent (within the meaning of section 5302 of such title); and
"(2) determined as if the rates of pay and comparability payments payable on September 30, 1994, had remained in effect."
Section 8(b) of
"(1) the report required by subsection (d)(1) of such section may be submitted not later than 1 month before the start of the calendar year for purposes of which it is prepared; and
"(2) the surveys conducted by the Bureau of Labor Statistics for use in preparing any such report may be other than annual surveys, and shall, to the greatest extent practicable, be completed not later than 4 months before the start of the calendar year for purposes of which the surveys are conducted."
Interim Geographic Adjustments
"(a)
"(1) the term 'area' means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and
"(2) the term 'pay relative' shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics.
"(b)
"(2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems.
"(c)
"(A) the basic pay to which a percentage is applied in computing an amount payable under this section;
"(B) the purposes for which any amount under this section is to be considered part of basic pay;
"(C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and
"(D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered.
"(2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of,
"(d)
"(2)(A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act [section 529 [title I, §101] of
"(B) The total rate to which subparagraph (A) applies is the sum of—
"(i) the rate at which comparability payments (under
"(ii) the rate at which payments under this section are payable.
"(e)
"(f)
[Amendment by
[Amendment by
Executive Documents
Delegation of Functions
For designation of agents of President under subsecs. (d)(1) and (h) of this section, see Ex. Ord. No. 12748, §2(a), Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
Interim geographic adjustments pursuant to section 529 [title III, §302] of
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, effective Jan. 1, 1995.
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, effective Jan. 1, 1993.
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, effective Jan. 1, 1992.
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, effective Jan. 1, 1991.
Executive Order No. 11073
Ex. Ord. No. 11073, Jan. 7, 1963, 28 F.R. 203, as amended by Ex. Ord. No. 11173, Aug. 20, 1964, 29 F.R. 11999, which provided for Federal salary administration, was superseded by Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, formerly set out below.
Executive Order No. 11721
Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, as amended by Ex. Ord. No. 12004, July 20, 1977, 42 F.R. 37527; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for administration of the Federal pay system, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out under
Ex. Ord. No. 12764. Federal Salary Council
Ex. Ord. No. 12764, June 5, 1991, 56 F.R. 26587, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) the establishment or modification of pay localities;
(b) the coverage of annual surveys conducted by the Bureau of Labor Statistics under sub
(c) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and
(d) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of
(b) To the extent permitted by law and subject to the availability of appropriations, the Office of Personnel Management (the "Office") shall provide such facilities and administrative support to the Council as the Director of the Office determines appropriate.
(c) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended [see
George Bush.
Locality-Based Comparability Payments
For adjustment of locality-based comparability payments under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under
Approvals of locality-based comparability payments recommended by the Director of the Office of Personnel Management were contained in the following:
Memorandum of President of the United States, Nov. 30, 1994, 59 F.R. 62549.
Memorandum of President of the United States, Dec. 1, 1993, 58 F.R. 64097.
1 See References in Text note below.
§5304a. Authority to fix an alternative level of comparability payments
(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall—
(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and
(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304.
(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Special Rule Relating to Comparability Payments in 1994
"Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under
"(1) deem section 5304a of such title (as so amended) to be amended as follows:
"(A) in subsection (a), strike 'If' and all that follows thereafter through 'welfare,' and insert 'Subject to subsection (c), if'; and
"(B) add after subsection (b) the following:
" '(c)(1) For the purpose of this section—
" '(A) the "threshold amount" is $1,800,000,000; and
" '(B) "severe economic conditions" shall be considered to exist relative to comparability payments scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.
" '(2) Authority under this section to provide an alternative level of comparability payments in any year may not be exercised except in accordance with the following:
" '(A) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be equal to the threshold amount or less, no alternative level may be fixed under this section unless necessary because a state of war or severe economic conditions exist.
" '(B) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be greater than the threshold amount, no alternative level may be fixed—
" '(i) at a level which would result in an estimated cost equal to or greater than the threshold amount, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or
" '(ii) at a level which would result in an estimated cost less than the threshold amount, unless necessary because of either of the reasons set forth in subparagraph (A).
" '(d)(1) The President's agent (as referred to in section 5304(d)) shall develop and include in the appropriate report under section 5304(d)(1) the methodology for estimating any costs under this section, and any estimate under this section shall be in accordance with such methodology.
" '(2) In making any estimate under this section, costs attributable to any authority under section 5304(h) may not be taken into account.'; and
"(2) the President's pay agent (referred to in section 5304(d) of such title, as so amended) may use appropriate estimates in lieu of BLS survey data if such data is not available for use in preparing the agent's report with respect to comparability payments payable during calendar year 1994."
§5305. Special pay authority
(a)(1) Whenever the Office of Personnel Management finds that the Government's recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section.
(2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
(b) The circumstances referred to in subsection (a) are—
(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved;
(2) the remoteness of the area or location involved;
(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or
(4) any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate.
(c) Authority under subsection (a) may be exercised with respect to positions paid under—
(1) a statutory pay system; or
(2) any other pay system established by or under Federal statute for civilian positions within the executive branch.
(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute.
(e) An increase in a rate of pay established under this section is not an equivalent increase in pay within the meaning of section 5335.
(f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee's special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate).
(g)(1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate, subject to paragraph (2) and subsection (h).
(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(h) An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term "basic pay" includes any applicable locality-based comparability payment under section 5304 or similar provision of law.
(i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employee's new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following:
(1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee's position, grade, and step (or relative position in the rate range) before the move.
(2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment.
(j) A rate determined under a schedule of special rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of
(Added
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsecs. (a)(1) and (g)(2), is set out in
The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to
Amendments
2004—Subsec. (a).
Subsec. (b)(4).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g)(1).
Subsec. (h).
Subsecs. (i), (j).
1990—
1975—Subsec. (a)(3).
Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Staffing Differentials
"(a)
"(1) grade GS–5 or 7 of the General Schedule;
"(2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management; or
"(3) any combination of classes of positions described in paragraph (1) or (2) for which the President determines a recruiting difficulty exists.
"(b)
"(1) shall be paid in the same manner and at the same time as the employee's basic pay is paid, but may not be considered to be part of basic pay for any purpose; and
"(2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect [see Effective Date of 1990 Amendment and Short Title of 1990 Amendment notes set out under
[Authority of President under section 529 [title II, §209] of
Federal Law Enforcement Pay Reform
"(1) no existing special salary rates shall be authorized for members of the United States Park Police under
"(2) no special rates of pay or special pay adjustments shall be applicable to members of the United States Park Police pursuant to section 405 of the Federal Law Enforcement Pay Reform Act of 1990 [section 529 [title IV, §405] of
"SEC. 401. SHORT TITLE.
"This title [section 529 [title IV, §§401–412] of
"SEC. 402. DEFINITION.
"For the purposes of this title, except as otherwise provided, the term 'law enforcement officer' means any law enforcement officer within the meaning of
"SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.
"(a) Notwithstanding the procedures of
"(b)(1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows:
| "GS–3 | Step 4 |
| "GS–4 | Step 4 |
| "GS–5 | Step 4 |
| "GS–6 | Step 3 |
| "GS–7 | Step 3 |
| "GS–8 | Step 3 |
| "GS–9 | Step 2 |
| "GS–10 | Step 2 |
"(2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows:
| "GS–3 | Step 7 |
| "GS–4 | Step 7 |
| "GS–5 | Step 8 |
| "GS–6 | Step 6 |
| "GS–7 | Step 5 |
| "GS–8 | Step 3 |
| "GS–9 | Step 2 |
| "GS–10 | Step 2 |
"(c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under
"(d) Any interim entry-level adjustment under section 209 of this Act [section 529 [title II, §209] of
"SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES.
"(a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act [section 529 [title III, §302] of
"(b)(1) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer's rate of basic pay, as follows:
| "Area | Differential |
|---|---|
| Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area | 16% |
| Chicago-Gary-Lake County, IL–IN–WI Consolidated Metropolitan Statistical Area | 4% |
| Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area | 16% |
| New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area | 16% |
| Philadelphia-Wilmington-Trenton, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area | 4% |
| San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area | 16% |
| San Diego, CA Metropolitan Statistical Area | 8% |
| Washington-Baltimore DC–MD–VA–WV Consolidated Metropolitan Statistical Area | 4% |
"(2) In the case of any area specified in paragraph (1) that includes a portion, but not all, of a county, the Office of Personnel Management may, at the request of the head of 1 or more law enforcement agencies, extend the area specified in paragraph (1) to include, for the purposes of this section, the entire county, if the Office determines that such extension would be in the interests of good personnel administration. Any such extension shall be applicable to each law enforcement officer whose post of duty is in the area of the extension.
"(c)(1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under
"(2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section.
"SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.
"(a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403, 404, and 407 shall be carried out with respect to individuals holding positions described in subsection (b).
"(b) This subsection applies with respect to any—
"(1) special agent within the Diplomatic Security Service;
"(2) probation officer (referred to in
"(3) pretrial services officer (referred to in
"(c) For purposes of this section, the term 'appropriate agency head' means—
"(1) with respect to any individual under subsection (b)(1), the Secretary of State; or
"(2) with respect to any individual under subsection (b)(2) or (b)(3), the Director of the Administrative Office of the United States Courts.
"SEC. 406. FBI NEW YORK FIELD DIVISION.
"(a) The total pay of an employee of the Federal Bureau of Investigation assigned to the New York Field Division before the date of September 29, 1993, in a position covered by the demonstration project conducted under section 601 of the Intelligence Authorization Act for Fiscal Year 1989 (
"(b) Beginning on September 30, 1993, any periodic payment under section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 1989 [
[Section 303(b) of
[For effective dates of amendments by section 3(5)–(9) of
Reporting Requirement
Executive Documents
Delegation of Functions
Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under
§5306. Pay fixed by administrative action
(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of
(1) the rates of pay of—
(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;
(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a 1 of title 40, and the Superintendent of Garages, House office buildings; and
(C) persons employed by the county committees established under
(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1);
may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate—
(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay;
(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or
(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303.
(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate.
(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
(d) This section does not impair any authority under which rates of pay may be fixed by administrative action.
(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
(Added
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a)(2), is set out under
Level V of the Executive Schedule, referred to in subsec. (e), is set out in
Amendments
1996—Subsec. (a)(1)(A).
1992—Subsec. (a)(1)(B).
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
1 See References in Text note below.
§5307. Limitation on certain payments
(a)(1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom
(2) This section shall not apply to any payment under—
(A) subchapter III or VII of
(B)
(C)
(b)(1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year.
(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying 2 the limitations under subsection (a) with respect to such calendar year.
(c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
(d)(1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting "the total annual compensation payable to the Vice President under
(A) is paid under
(B) holds a position in or under an agency which is described in paragraph (2).
(2) An agency described in this paragraph is any agency which, for purposes of applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance.
(3)(A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made.
(B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements.
(C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget.
(4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
(5)(A) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection—
(i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress;
(ii) with respect to employees of the Office of the Architect of the Capitol shall be the responsibility of the Architect of the Capitol; and
(iii) with respect to employees of the Government Publishing Office shall be the responsibility of the Director of the Government Publishing Office.
(B) The regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
(Added
Editorial Notes
References in Text
Level I of the Executive Schedule, referred to in subsecs. (a)(1) and (d)(1), is set out in
Section 5757, referred to in subsec. (a)(2)(B), probably means the
Amendments
2015—Subsec. (d)(1)(A).
Subsec. (d)(5).
2008—Subsec. (d)(2).
Subsec. (d)(3)(B).
2002—Subsec. (a)(1).
Subsec. (a)(2)(B).
Subsec. (c).
Subsec. (d).
1991—Subsec. (a).
Subsec. (b)(3).
1990—
1982—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2008 Amendment
Effective Date of 2002 Amendments
Amendment by
Effective Date of 1990 Amendment
Amendment by
Construction
Extension of Certification
"(1)
"(A)
"(B)
"(i) June 30, 2009; or
"(ii) the first anniversary of the date of the certification.
"(2)
"(A)
"(B)
"(i) June 30, 2010; or
"(ii) the second anniversary of the date of the certification."
Executive Documents
Freeze on Discretionary Awards, Bonuses, and Similar Payments for Federal Political Appointees
Memorandum of President of the United States, Aug. 3, 2010, 75 F.R. 47433, provided:
Memorandum for the Assistant to the President and Chief of Staff [and] The Heads of Executive Departments and Agencies
At a time when so many American families are struggling to make ends meet, I am committed to making sure the Federal Government is spending the taxpayers' money wisely and carefully, and cutting costs wherever possible. I am committed to ending programs that do not work, streamlining those that do, and bringing a new responsibility for stewardship of tax dollars. Like households and businesses across the country, the Federal Government is tightening its belt. This effort began during my first days in office, when I froze the salaries of the senior members of my White House Staff.
As a next step in this effort, I direct you to suspend cash awards, quality step increases, bonuses, and similar discretionary payments or salary adjustments to any politically appointed Federal employee, commencing immediately, and continuing through the end of Fiscal Year 2011. I also direct the Office of Personnel Management to issue guidance, in consultation with the Office of Management and Budget, to assist departments and agencies in implementing this policy.
In addition to these actions freezing discretionary payments, I have proposed in my Budget for Fiscal Year 2011 a salary freeze for senior political appointees throughout the Federal Government. Unlike the administrative action I have taken today in this memorandum, my proposed salary freeze requires legislation, so it cannot be implemented absent legislative action by the Congress.
I appreciate the hard work of our Federal workforce, and understand how important these payments can be to many workers and their families. Yet like households and businesses across the country, we need to make tough choices about how to spend our funds.
This memorandum shall be carried out to the extent permitted by law and consistent with executive departments' and agencies' legal authorities. Nothing in this memorandum shall be construed to affect payments or salary adjustments for Federal employees who are not political appointees. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
1 See References in Text note below.
2 So in original. Probably should be "applying".
[§5308. Omitted]
Editorial Notes
Codification
Section, added