Subpart D—Pay and Allowances
Subpart Referred to in Other Sections
This subpart is referred to in
CHAPTER 51 —CLASSIFICATION
Amendments
1992—
1986—
1978—
Cross References
Antidiscrimination in employment in administration of this chapter, see
Chapter Referred to in Other Sections
This chapter is referred to in
§5101. Purpose
It is the purpose of this chapter to provide a plan for classification of positions whereby—
(1) in determining the rate of basic pay which an employee will receive—
(A) the principle of equal pay for substantially equal work will be followed; and
(B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and
(2) individual positions will, in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §101, |
The words "and for rates of basic compensation" are omitted as inapplicable to this chapter since the provisions of former
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53
References in laws to fix pay in accordance with this chapter and subchapter III of
Cross References
Employment of reading assistants for blind employees without regard to the provisions of this chapter, see
General authority for employment, see
§5102. Definitions; application
(a) For the purpose of this chapter—
(1) "agency" means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Printing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the General Accounting Office; or 1
(ix) 2 the Defense Intelligence Agency, Department of Defense; or
(x) the National Imagery and Mapping Agency, Department of Defense.3
(2) "employee" means an individual employed in or under an agency;
(3) "position" means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) "class" or "class of positions" includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) "grade" includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
(b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.
(c) This chapter does not apply to—
[ (1) Repealed.
(2) members of the Foreign Service whose pay is fixed under the Foreign Service Act of 1980; and positions in or under the Department of State which are—
(A) connected with the representation of the United States to international organizations; or
(B) specifically exempted by statute from this chapter or other classification or pay statute;
(3) physicians, dentists, nurses, and other employees in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under
(4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under
(5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the Executive Protective Service; members of the police force of the National Zoological Park whose pay is fixed under
(6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432(f) and (g) of title 14;
(7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Printing Office whose pay is fixed under
(10) civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under
(11) aliens or noncitizens of the United States who occupy positions outside the United States;
[(12) Repealed.
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under
(15) employees whose pay is fixed under a cooperative agreement between the United States and—
(A) a State or territory or possession of the United States, or political subdivision thereof; or
(B) an individual or organization outside the service of the Government of the United States;
(16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of
(17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions;
(18) experts or consultants, when employed temporarily or intermittently in accordance with
(19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals;
(20) employees employed on a fee, contract, or piece work basis;
(21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States;
(22) "teachers" and "teaching positions" as defined by
(23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;
(24) temporary positions in the Bureau of the Census established under
(25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the rate for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast Guard Academy whose pay is fixed under
(27) members of the police of the Library of Congress whose pay is fixed under
(28) civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under
(29) administrative law judges appointed under section 3105; or
(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.
(d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
(
The section is reorganized and restated for clarity.
In subsection (a)(1)(i), the exception of "a Government controlled corporation" is added to preserve the application of this chapter to "corporations wholly owned by the United States". This is necessary as the defined term "Executive agency" includes the defined term "Government corporation" and the latter includes both Government owned and controlled corporations. Thus the exclusion of Government controlled corporations, which are distinct from wholly owned corporations, operates to preserve the application of the chapter to wholly owned corporations.
In subsection (a)(1)(vii), the words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a)(2),
The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963,
The exceptions for Production Credit Corporations and Federal Intermediate Credit Banks in former section 1082(18) and (19) are omitted as they are no longer "corporations wholly owned by the United States". Under the Farm Credit Act of 1956,
Subsection (a)(2) is added for clarity. The reference to "an individual employed in or under an agency" includes both officers and employees of an agency.
In subsection (a)(5), the words "in the General Schedule" are substituted for the reference in former section 1091(3) to "as specified in subchapter V of this chapter".
In subsection (b), the reference to former section 1085 is omitted as unnecessary. Former section 1085 which exempted certain agencies from former sections 1151–1153 is carried into section 305.
In subsection (c)(1), the words "
In subsection (c)(2)(B), the words "this chapter" are substituted for the reference in former section 1082(2)(B) to "the Classification Act of 1923, as amended," on authority of section 1106 of the Act of Oct. 28, 1949,
In subsection (c)(4), the words "
In subsection (c)(5), the word "officers" is omitted as included in "member".
In subsection (c)(10), the words "
In subsection (c)(11), the words "the United States" are substituted for "the several States and the District of Columbia".
In subsection (c)(14), the words "employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by
In subsection (c)(16), the reference to "
In subsection (c)(22), the words "as defined by
In subsection (c)(25), the word "schedule" is omitted since section 603 of the Act of Oct. 11, 1962,
The second sentence of subsection (d) is based on former section 1084(c), which is carried into section 5103.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5102(c)(26) | 5 App.: 1082(36). | June 9, 1966, |
The amendment to
The amendment to
References in Text
The Foreign Service Act of 1980, referred to in subsec. (c)(2), is
Level V of the Executive Schedule, referred to in subsec. (c)(25), is set out in
Section 8 of the Contract Disputes Act of 1978, referred to in subsec. (c)(30), is classified to
Amendments
1999—Subsec. (c)(23).
1996—Subsec. (a)(1)(vi), (vii).
Subsec. (a)(1)(viii).
Subsec. (a)(1)(ix), (x).
Subsec. (a)(1)(xi).
Subsec. (c)(12).
1994—Subsec. (a)(1)(ix) to (xi).
Subsec. (c)(3).
1993—Subsec. (c)(10).
1991—Subsec. (c)(3).
Subsec. (c)(14).
Subsec. (c)(16).
1990—Subsec. (a)(1).
Subsec. (c)(5).
Subsec. (c)(10).
Subsec. (c)(25).
Subsec. (c)(29), (30).
1989—Subsec. (c)(10).
1987—Subsec. (c)(27).
1986—Subsec. (c)(14).
1985—Subsec. (c)(28).
1984—Subsec. (a)(1)(viii) to (x).
1983—Subsec. (a)(1)(iii) to (ix).
1980—Subsec. (a)(1)(ix).
Subsec. (c)(2).
1979—Subsec. (a)(1)(vii).
Subsec. (c)(12).
Subsec. (c)(23).
1978—Subsec. (c)(5).
Subsec. (c)(12)(B).
1975—Subsec. (c)(5).
Subsec. (c)(9).
1973—Subsec. (b).
1970—Subsec. (c)(1).
Subsec. (c)(4).
1969—Subsec. (c)(5).
1968—Subsec. (c).
Change of Name
Reference to Executive Protective Service held to refer to United States Secret Service Uniformed Division pursuant to
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1990 Amendment
Amendment by section 529 [title I, §§101(b)(9)(F), 104(d)(1)] of
Amendment by section 529 [title I, §109(a)(2)] of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(D) of
Amendment by section 906(2)(2) of
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1970 Amendments
Amendment by
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Section 9(h) of
Repeals
General repealer of provisions inconsistent with
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Civilian Members of Faculty of Air Force Institute of Technology on November 8, 1985
Section 504(c) of
"(1) is a civilian member of the faculty of the United States Air Force Institute of Technology;
"(2) is paid a rate of basic pay under the General Schedule; and
"(3) elects, under procedures prescribed by the Secretary of the Air Force, to continue to be paid under the General Schedule."
Prohibition of Decrease in Basic Pay Rate of Subsec. (c)(7), (8), or (14) Employees
Amendments by
Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of the enactment of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "or" probably should not appear.
2 So in original. Subsec. (a)(1) does not contain a cl. (viii).
3 So in original. The period probably should be a semicolon.
§5103. Determination of applicability
The Office of Personnel Management shall determine finally the applicability of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Oct. 28, 1949, ch. 782, §203, |
||
Oct. 28, 1949, ch. 782, §204(c), |
Former sections 1083 and 1084(c) are combined and restated for clarity. The words "hereinafter referred to as the Commission" in former section 1083 are omitted as unnecessary. The exception from "section 1082 (except paragraph (7) thereof)" in former section 1084(c) is carried into section 5102(d).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 20 section 903.
§5104. Basis for grading positions
The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this chapter applies. The General Schedule is divided into grades of difficulty and responsibility of work, as follows:
(1) Grade GS–1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment—
(A) the simplest routine work in office, business, or fiscal operations; or
(B) elementary work of a subordinate technical character in a professional, scientific, or technical field.
(2) Grade GS–2 includes those classes of positions the duties of which are—
(A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(3) Grade GS–3 includes those classes of positions the duties of which are—
(A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case—
(i) some training or experience;
(ii) working knowledge of a special subject matter; or
(iii) to some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(4) Grade GS–4 includes those classes of positions the duties of which are—
(A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) a moderate amount of training and minor supervisory or other experience;
(ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(5) Grade GS–5 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in a limited field;
(B) to perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(6) Grade GS–6 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(7) Grade GS–7 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, work of considerable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive working knowledge of a special and complex subject matter; procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment;
(B) under immediate or general supervision, to perform somewhat difficult work requiring—
(i) professional, scientific, or technical training; and
(ii) to a limited extent, the exercise of independent technical judgment; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(8) Grade GS–8 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring—
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(9) Grade GS–9 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) somewhat extended specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment;
(B) with considerable latitude for the exercise of independent judgment, to perform moderately difficult and responsible work, requiring—
(i) professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and
(ii) considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(10) Grade GS–10 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(11) Grade GS–11 includes those classes of positions the duties of which are—
(A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and
(ii) intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;
(B) with wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(12) Grade GS–12 includes those classes of positions the duties of which are—
(A) to perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and
(ii) intimate grasp of a specialized and complex subject matter or of the profession, art, or science involved;
(B) under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice, or administration; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(13) Grade GS–13 includes those classes of positions the duties of which are—
(A) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and marked attainments;
(B) to serve as assistant head of a major organization involving work of comparable level within a bureau;
(C) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or
(D) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(14) Grade GS–14 includes those classes of positions the duties of which are—
(A) to perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(15) Grade GS–15 includes those classes of positions the duties of which are—
(A) to perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and national significance, along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Oct. 28, 1949, ch. 782, §601, |
||
Oct. 28, 1949, ch. 782, §602, |
||
Sept. 1, 1954, ch. 1208, §108, |
||
June 20, 1958, |
Former sections 1111 and 1112 are combined and restated.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The General Schedule, referred to in text, is set out under
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Job Evaluation Policy Act of 1970
"Title I—Congressional Findings With Respect to Job Evaluation and Ranking in the Executive Branch
"
"(1) the tremendous growth required in the activities of the Federal Government in order to meet the country's needs during the past several decades has led to the need for employees in an ever-increasing and changing variety of occupations and professions, many of which did not exist when the basic principles of job evaluation and ranking were established by the Classification Act of 1923 [Act Mar. 4, 1923, ch. 265,
"(2) the large number and variety of job evaluation and ranking systems in the executive branch have resulted in significant inequities in selection, promotion, and pay of employees in comparable positions among these systems;
"(3) little effort has been made by Congress or the executive branch to consolidate or coordinate the various job evaluation and ranking systems, and there has been no progress toward the establishment of a coordinated system in which job evaluation and ranking, regardless of the methods used, is related to a unified set of principles providing coherence and equity throughout the executive branch;
"(4) within the executive branch, there has been no significant study of, or experimentation with the several recognized methods of job evaluation and ranking to determine which of those methods are most appropriate for use and application to meet the present and future needs of the Federal Government; and
"(5) notwithstanding the recommendations resulting from the various studies conducted during the last twenty years, the Federal Government has not taken the initiative to implement those recommendations with respect to the job evaluation and ranking systems within the executive branch, with the result that such systems have not, in many cases, been adapted or administered to meet the rapidly changing needs of the Federal Government.
"Title II—Statement of Policy
"
"(1) the executive branch shall, in the interest of equity, efficiency, and good administration, operate under a coordinated job evaluation and ranking system for all civilian positions, to the greatest extent practicable;
"(2) the system shall be designed so as to utilize such methods of job evaluation and ranking as are appropriate for use in the executive branch, taking into account the various occupational categories of positions therein; and
"(3) the United States Civil Service Commission shall be authorized to exercise general supervision and control over such a system.
"Title III—Preparation of a Job Evaluation and Ranking Plan By the Civil Service Commission and Reports and Recommendations to Congress
"
"(1) provision for the establishment of a method or methods for evaluating jobs and alining them by level;
"(2) a time schedule for the conversion of existing job evaluation and ranking systems into the coordinated system;
"(3) provision that the Civil Service Commission shall have general supervision of and control over the coordinated job evaluation and ranking system, including, if the Commission deems it appropriate, the authority to approve or disapprove the adoption, use and administration in the executive branch of the method or methods established under that system;
"(4) provision for the establishment of procedures for the periodic review by the Civil Service Commission of the effectiveness of the method or methods adopted for use under the system; and
"(5) provision for maintenance of the system to meet the changing needs of the executive branch in the future.
"
"
"
"(b) Within two years after the date of enactment of this Act [Mar. 17, 1970]—
"(1) the Civil Service Commission shall complete its functions under this Act and shall transmit to the President a comprehensive report of the result of its activities, together with its recommendations (including its draft of proposed legislation to carry out such recommendations), and
"(2) the President shall transmit that report (including the recommendations and draft of proposed legislation of the Commission) to the Congress, together with such recommendations as the President deems appropriate.
"(c) The Commission shall submit to the Committees on Post Office and Civil Service of the Senate and House of Representatives once each calendar month, or at such other intervals as may be directed by those committees, or either of them, an interim progress report on the then current status and results of the activities of the Commission under this Act, together with the then current findings of the Commission.
"(d) The Commission shall periodically consult with, and solicit the views of, appropriate employee and professional organizations.
"(e) The organizational unit established under section 301 of this Act shall cease to exist upon the submission of the report to the Congress under subsection (b) of this section."
Section Referred to in Other Sections
This section is referred to in
§5105. Standards for classification of positions
(a) The Office of Personnel Management, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Office may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Office, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Office may determine, the Office shall—
(1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements;
(2) establish the official class titles; and
(3) set forth the grades in which the classes have been placed by the Office.
(b) The Office, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.
(c) The official class titles established under subsection (a)(2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Oct. 28, 1949, ch. 782, §401, |
The section is restated for clarity.
In subsection (b), the requirement that the Commission keep the standards up to date is omitted as included in the requirement that the Commission revise, supplement, or abolish existing standards, or prepare new standards so as to keep them current as nearly as practicable.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5106. Basis for classifying positions
(a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.
(b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.
(c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Oct. 28, 1949, ch. 782, §302, |
|
(c) | Oct. 28, 1949, ch. 782, §303, |
In subsection (c), the prohibition is restated in positive form. The words "to pay" are substituted for the words "to pay the compensation of". The words "the group, section, bureau" are omitted as included in the words "the organization unit". The word "actually" in the phrase "of the supervision exercised" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5107. Classification of positions
Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §502(a), |
The words "to which this chapter applies" are omitted as unnecessary in view of section 5102. The words "Subject to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by section 803(a)(3)(E) of
Amendment by section 906(a)(2), (3) of
Section Referred to in Other Sections
This section is referred to in
§5108. Classification of positions above GS–15
(a) The Office of Personnel Management may, for any Executive agency—
(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and
(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15.
(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(
The section is reorganized for clarity.
In subsection (a)(2), the date "October 4, 1961" is substituted for "the date of enactment of this subparagraph".
Subsection (c)(6) is added on authority of section 302 of the Act of July 29, 1958,
In subsection (c)(8), the words "on and after July 7, 1955" are omitted as obsolete.
In subsection (d), the words "subsequent to February 1, 1958" are omitted as obsolete and the words "of the Government" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The amendment to
Amendments
1992—Subsec. (a)(2).
1990—
Subsec. (c).
1988—Subsec. (a).
Subsec. (c)(1).
1980—Subsec. (c).
1979—Subsec. (c)(4), (17).
1978—Subsec. (a).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4) to (11).
Subsec. (c)(8).
Subsec. (c)(12).
Subsec. (c)(13) to (16).
Subsec. (c)(17).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1977—Subsec. (a).
1976—Subsec. (c)(7).
Subsec. (c)(8).
1975—Subsec. (c)(11).
Subsec. (c)(13) to (16).
1974—Subsec. (c)(11).
Subsec. (c)(11) to (14).
Subsec. (c)(12).
Subsec. (c)(12).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1973—Subsec. (c)(10).
1972—Subsec. (c).
1971—Subsec. (a).
Subsec. (c)(10).
1970—Subsec. (a).
Subsec. (c)(10).
1969—Subsec. (a).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2).
1966—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1967 Amendment
Amendment by
Repeals
Additional GS–16, GS–17, and GS–18 Positions; Source for Appointments; Eligibility of Appointees; Termination of Authority on Leaving Positions; Determination of Aggregate Number of Positions Authorized for Placement in Such Grades
Termination of Authority To Place Positions in GS–16, 17, or 18 of the General Schedule
Section 414(a)(1)(B) of
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Section 414(a)(3) of
"(A) The provisions of paragraphs (1) and (2) of this subsection [amending
"(B) The Director—
"(i) in establishing under
"(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this paragraph applies."
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, §101(c)(1)] of
Additional Positions in Office of Management and Budget
Preference to Blind in Selection of Personnel
Preference to be given to blind individuals in selection of additional personnel under subsec. (c)(12) of this section, see section 208(c) of
Cross References
Chairman of Consumer Product Safety Commission authorized to place twelve positions in GS–16, GS–17, and GS–18, see
Section Referred to in Other Sections
This section is referred to in
§5109. Positions classified by statute
(a) The position held by an employee of the Department of Agriculture while he, under
(b)(1) The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall be classified in accordance with this chapter, but not lower than GS–12.
(2) The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter, but not lower than GS–13.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Apr. 4, 1940, ch. 75, §2 (3d sentence), |
|
(b) | Sept. 28, 1959, |
|
(c) | Sept. 23, 1959, |
In subsection (a), the words "
In subsection (c), the words "Notwithstanding any other law" were omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsecs. (b), (c).
1994—Subsec. (c).
1990—Subsec. (b).
1986—Subsec. (b).
1978—Subsecs. (b), (c).
1974—Subsec. (c).
1969—Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of enactment of
Section Referred to in Other Sections
This section is referred to in
§5110. Review of classification of positions
(a) The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.
(b) When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §502(b), |
|
(b) | Oct. 28, 1949, ch. 782, §503, |
In subsection (b), the words "to which this chapter applies" are omitted as unnecessary in view of section 5102. The words "appropriate officials" and "administrative, certifying, payroll, disbursing, and accounting officials" are substituted for "appropriate officers and employees" and "administrative, certifying, payroll, disbursing, and accounting officers", respectively, to preserve the application to members of the uniformed services who are excluded from the definition of "officer" and "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
§5111. Revocation and restoration of authority to classify positions
(a) When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by
(1) the departmental or field service, or any part thereof;
(2) a geographic area;
(3) an organization unit or group of organization units;
(4) certain types of classification actions;
(5) classes in particular occupational groups or grades; or
(6) classes for which standards have not been published.
(b) After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Oct. 28, 1949, ch. 782, §504, |
In subsection (a), the words "in whole or in part" are omitted as unnecessary in view of the specific authority to limit the revocation or suspension. The words "The Commission may limit the revocation or suspension to" are substituted for "Such revocations or suspensions may be limited, in the discretion of the Commission, to" to eliminate redundancy.
In subsection (b), the words "After revocation or suspension" are substituted for "After all or part of the authority of the department has been revoked or suspended". The words "may restore" are substituted for "may at any time restore" to eliminate redundancy.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
§5112. General authority of the Office of Personnel Management
(a) Notwithstanding
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;
(2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter;
(3) decide whether a position is in its appropriate class and grade; and
(4) change a position from one class or grade to another class or grade when the facts warrant.
The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §501, |
In subsection (a), the words "which may be exercised at any time in its discretion" are omitted as redundant. The words "is binding on all administrative, certifying, payroll, disbursing, and accounting officials" are substituted for "shall be binding on all administrative, certifying, payroll, disbursing, and accounting officers of the Government" to preserve the application to members of the uniformed services.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5113. Classification records
The Office of Personnel Management may—
(1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained;
(2) examine these or other pertinent records of the agency; and
(3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §506, |
In paragraph (1), the words "to which this chapter applies" are omitted as unnecessary in view of section 5102.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
[§5114. Repealed. Pub. L. 99–386, title I, §110(a), Aug. 22, 1986, 100 Stat. 822 ]
Section,
§5115. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114.1
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §1101, |
||
Sept. 1, 1954, ch. 1208, §113, |
Former sections 1072 and 1072a are combined and restated for clarity. The remainder of the authority is carried into sections 3324, 5338, and 7154.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5114, referred to in text, was repealed by
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
1 See References in Text note below.
CHAPTER 53 —PAY RATES AND SYSTEMS
SUBCHAPTER I—PAY COMPARABILITY SYSTEM
SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES
SUBCHAPTER III—GENERAL SCHEDULE PAY RATES
SUBCHAPTER IV—PREVAILING RATE SYSTEMS
SUBCHAPTER V—STUDENT-EMPLOYEES
SUBCHAPTER VI—GRADE AND PAY RETENTION
SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS
Amendments
1992—
1990—
1979—
1978—
1975—
1972—
1971—
1969—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—PAY COMPARABILITY SYSTEM
Subchapter Referred to in Other Sections
This subchapter is referred to in
§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.
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—
Effective Date of 1990 Amendment
Section 529 [title III, §305] of
"(a)
"(b)
Effective Date of 1980 Amendment
Amendment by
Short Title of 1993 Amendment
Short Title of 1990 Amendment; Rules of Construction
Section 529 [§1] of
"(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' [
Section 529 [title III, §306] of
Short Title
Section 1 of
Pay-for-Performance Labor-Management Committee
Section 529 [title I, §111] of
"(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 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
Section 529 [title III, §301] of
Pay Rates for Current Employees
Section 529 [title III, §303] of
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, 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) Before exercising the delegated authorities under subsection (a) regarding employees in positions other than those covered by the General Schedule, the Office of Personnel Management shall consult with the head of the agency employing such employees.
"(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of
(a)
(b)
(c)
(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
Act Referred to in Other Sections
The Federal Pay Comparability Act of 1970 is referred to in title 19 sections 2075, 2171.
Section Referred to in Other Sections
This section is referred to in title 31 section 732; title 42 section 12651f.
§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—
(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
(9) the term "General Schedule position" means any position to which subchapter III applies.
(Added
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
1993—Par. (8).
Par. (9).
1992—Par. (1)(C).
Par. (8)(C).
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
Section Referred to in Other Sections
This section is referred to in
§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.
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).
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
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
Pay Raises for Programs Funded by Energy and Water Development Appropriations Acts To Be Absorbed Within Such Acts
Sense of Congress
Section 529 [title I, §101(e)] of
Federal Employee Pay Adjustments
1999—
"(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2000 under
"(b) 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 2000."
1998—
"(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1999 under
"(b) 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 1999."
1996—
1995—
1994—
"(1) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1995 under
"(2) For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [
"(3) For purposes of this subsection, the term 'statutory pay system' shall have the meaning given such term by
1993—
"(a) Any adjustment required by
"(b) For the purpose of this section, the term 'statutory pay system' has the meaning given such term by
1990—
"(a) Notwithstanding any other provision of law, in the case of fiscal year 1991, the overall average percentage of the adjustment under
"(b) Any increase in a pay rate or schedule which takes effect under such section 5305 in fiscal year 1991 (in accordance with subsection (a)) 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, 1991."
"(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)
"(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."
"(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
1988—
"(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1989, the overall 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, 1989.
"(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, 1988, was equal to or greater than the rate of basic pay then payable for level III of the Executive Schedule under
"(B) to a rate exceeding the rate of basic pay payable for level III of the Executive Schedule under such section 5314 as of September 30, 1988, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level III.
"(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1988, 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."
1987—
"(a) Notwithstanding any other provision of this resolution or any other law, no adjustment in rates of pay under
"(1) if the rate of salary or basic pay payable for that office or position as of September 30, 1987, was equal to or greater than the rate of basic pay then payable for level V of the Executive Schedule under
"(2) to a rate exceeding the rate of basic pay payable for level V of the Executive Schedule under such section 5316 as of September 30, 1987, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level V.
"(b) For purposes of subsection (a), the rate of salary or basic pay payable as of September 30, 1987, 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—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) 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
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch."
"(1)
"(2)
1986—
"(1) Notwithstanding any other provision of law, in the case of fiscal year 1987, the overall 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, 1987.
"(3)(A) Notwithstanding any other provision of law, determinations relating to amounts to be appropriated in order to provide for the adjustment described in paragraph (1) shall be made based on the assumption that the various departments and agencies of the Government will, in the aggregate, absorb 50 percent of the increase in total pay for fiscal year 1987.
"(B) Subparagraph (A) does not apply with respect to the Department of Defense or pay for employees of the Department of Defense.
"(4) For purposes of this subsection—
"(A) the term 'total pay' means, with respect to a fiscal year, the total amount of basic pay which will be payable to employees covered by statutory pay systems for service performed during such fiscal year;
"(B) the term 'increase in total pay' means, with respect to a fiscal year, that part of total pay for such year which is attributable to the adjustment taking effect under this section during such year; and
"(C) the term 'statutory pay system' has the meaning given such term by
"(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."
1984—
"(1) Notwithstanding any other provision of law, in the case of fiscal year 1984, the overall 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 of such fiscal year."
1982—
"(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."
1981—
1978—
"(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."
1971—
"(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."
Section 3(c) of
1967—
"(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
Section Referred to in Other Sections
This section is referred to in
§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 (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with 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)–(E) of subsection (h)(1); and
(B) any positions under subsection (h)(1)(F) which the President may determine.
(h)(1) For the purpose of this subsection, the term "position" means—
(A) a position to which section 5376 applies (relating to certain senior-level positions);
(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;
(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105);
(E) a position to which section 5372a applies (relating to contract appeals board members); and
(F) 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); or
(iii) a position to which subchapter II applies (relating to the Executive Schedule).
(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 (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and
(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) 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.
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 III and IV of the Executive Schedule, referred to in subsecs. (g) and (h)(1)(F), are set out in sections 5314 and 5315, respectively, of this title.
Amendments
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—
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
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
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
Section 529 [title III, §302] of
"(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
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 [5 App. U.S.C.], except that of reporting to the Congress, which are applicable to the Council, shall be performed by the Director of the Office, in accordance with the guidelines and procedures established by the Administrator of General Services.
George Bush.
Locality-Based Comparability Payments
Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Locality Pay Area 1 | Rate |
---|---|
Atlanta, GA | 7.66% |
Boston-Worcester-Lawrence, MA–NH–ME–CT | 10.72% |
Chicago-Gary-Kenosha, IL–IN–WI | 11.49% |
Cincinnati-Hamilton, OH–KY–IN | 9.52% |
Cleveland-Akron, OH | 8.05% |
Columbus, OH | 8.55% |
Dallas-Fort Worth, TX | 8.59% |
Dayton-Springfield, OH | 7.63% |
Denver-Boulder-Greeley, CO | 10.54% |
Detroit-Ann Arbor-Flint, MI | 11.64% |
Hartford, CT | 11.25% |
Houston-Galveston-Brazoria, TX | 14.79% |
Huntsville, AL | 7.22% |
Indianapolis, IN | 6.99% |
Kansas City, MO–KS | 7.42% |
Los Angeles-Riverside-Orange County, CA | 12.76% |
Miami-Fort Lauderdale, FL | 9.80% |
Milwaukee-Racine, WI | 7.83% |
Minneapolis-St. Paul, MN–WI | 9.11% |
New York-Northern New Jersey-Long Island, NY–NJ–CT–PA | 12.09% |
Orlando, FL | 6.79% |
Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–MD | 9.55% |
Pittsburgh, PA | 7.61% |
Portland-Salem, OR–WA | 9.06% |
Richmond-Petersburg, VA | 7.60% |
Sacramento-Yolo, CA | 9.50% |
St. Louis, MO–IL | 7.08% |
San Diego, CA | 9.97% |
San Francisco-Oakland-San Jose, CA | 15.01% |
Seattle-Tacoma-Bremerton, WA | 9.20% |
Washington-Baltimore, DC–MD–VA–WV | 9.05% |
Rest of U.S. | 6.78% |
1 Locality Pay Areas are defined in 5 CFR 531.603.
Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for payment of locality-based comparability payments effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for payment of locality-based comparability payments effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for payment of locality-based comparability payments effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under
Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for payment of locality-based comparability payments effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under
Approval of locality-based comparability payments recommended by the Director of the Office of Personnel Management was 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.
Section Referred to in Other Sections
This section is referred to in
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
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
Section 634 of
"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) Whenever the President 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), he 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 basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate.
(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 President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) 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 President or by such agency as he may designate. The actions and revisions have the force and effect of statute.
(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335.
(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate.
(g)(1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) 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) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted.
(Added
References in Text
Levels IV and V of the Executive Schedule, referred to in subsecs. (a) and (g)(2), are set out in sections 5315 and 5316, respectively, of this title.
The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to
Amendments
1990—
1975—Subsec. (a)(3).
Subsec. (c)(1).
Effective Date of 1990 Amendment
Amendment by
Delegation of Functions
For delegation of authorities of President under this section, see Ex. Ord. No. 12748, §3, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
Staffing Differentials
Section 529 [title II, §209] of
"(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
Section 529 [title IV, §§401–407] 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:
"(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:
"(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) Repealed.
"(2) member of the United States Park Police;
"(3) special agent within the Diplomatic Security Service;
"(4) probation officer (referred to in
"(5) pretrial services officer (referred to in
"(c) For the purposes of this section, the term 'appropriate agency head' means—
"[(1) Repealed.
"(2) with respect to any individual under subsection (b)(2), the Secretary of the Interior;
"(3) with respect to any individual under subsection (b)(3), the Secretary of State;
"(4) with respect to any individual under subsection (b)(4) or (b)(5), 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 [
"SEC. 407. RELOCATION PAYMENTS.
"Notwithstanding
[Section 303(b) of
[For effective dates of amendments by section 3(5)–(9) of
Reporting Requirement
Section 529 [title IV, §412] of
Section Referred to in Other Sections
This section is referred to in
§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
(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
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—
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5307. Limitation on certain payments
(a)(1) Except as otherwise permitted by or under law, 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 1 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, 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.
(Added
References in Text
Level I of the Executive Schedule, referred to in subsec. (a)(1), is set out in
Amendments
1991—Subsec. (a).
Subsec. (b)(3).
1990—
1982—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "applying".
[§5308. Omitted]
Codification
Section, added
SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5311. The Executive Schedule
The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which this subchapter applies.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The words "There is hereby established" are omitted as executed. The word "offices" is omitted as included in "positions". The words "Executive Schedule" are substituted for "Federal Executive Salary Schedule".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—
"(1) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Director of the Office of Personnel Management shall determine the number and classification of executive level positions in existence in the executive branch on that date of enactment, and shall publish the determination in the Federal Register. Effective beginning on the date of the publication, the number of executive level positions within the executive branch may not exceed the number published under this subsection.
"(2) For the purpose of this subsection, 'executive level position' means—
"(A) any office or position in the civil service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions under
"(B) any such office or position the rate of pay for which may be fixed by administrative action at a rate equal to or greater than the rate of basic pay payable for positions under
but does not include any Senior Executive Service position (as defined in
1988—Subsec. (a).
Subsec. (b)(2).
1979—Subsec. (b)(1).
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Plan for Authorizing Executive Level Positions in Executive Branch; Presidential Submission to Congress
Section 414(b)(2) of
Section Referred to in Other Sections
This section is referred to in title 21 section 1703; title 33 section 2309.
§5312. Positions at level I
Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under
Secretary of State.
Secretary of the Treasury.
Secretary of Defense.
Attorney General.
Secretary of the Interior.
Secretary of Agriculture.
Secretary of Commerce.
Secretary of Labor.
Secretary of Health and Human Services.
Secretary of Housing and Urban Development.
Secretary of Transportation.
United States Trade Representative.
Secretary of Energy.
Secretary of Education.
Secretary of Veterans Affairs.
Director of the Office of Management and Budget.
Commissioner of Social Security, Social Security Administration.
Director of National Drug Control Policy.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Codification
Paragraph designation for the position added by
Amendments
1998—
1994—
1988—
1986—
1985—
1983—
1979—
Pars. (1) to (14).
Par. (15).
1977—Par. (14).
1975—
Par. (13).
1970—Par. (5).
1966—
Effective and Termination Dates of 1988 Amendments
Amendment by
Section 11(e) of
Amendment by
Effective Date of 1979 Amendments
Amendment by
Section 2(a)(25)(B) of
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Short Title of 1975 Amendment
Section 201 of title II of
Salary Increases
2000—Salaries of positions at level I increased to $157,000 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level I continued at $151,800 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level I increased to $151,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level I increased to $148,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level I increased to $143,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level I increased to $138,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level I continued at $99,500 per annum, and increased to $107,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level I continued at $99,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level I continued at $99,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level I increased to $99,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level I increased to $88,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level I increased to $86,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level I increased to $83,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level I increased to $88,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $69,630.00 to $80,100.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level I increased to $85,200 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level I increased to $81,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level I increased to $74,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 3, 1980, of limitation of section 304 of
1978—Salaries of positions at level I increased to $69,600 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $66,000.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level I increased to $66,000 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level I increased to $66,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $63,000.
1975—Salaries of positions at level I increased to $63,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level I increased from $35,000 to $60,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Compensation and Emoluments of Secretary of the Treasury at Level in Effect on January 1, 1989
For provisions limiting compensation and emoluments of Secretary of the Treasury at levels in effect on Jan. 1, 1989, see section 1(a) of
Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on January 1, 1977
Compensation and Emoluments of Attorney General; Fixing at Level in Effect on January 1, 1969
Provisions of
Section Referred to in Other Sections
This section is referred to in
§5313. Positions at level II
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Deputy Secretary of Defense.
Deputy Secretary of State.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space Administration.
Deputy Secretary of Veterans Affairs.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Chairman, Board of Governors of the Federal Reserve System.
Director of the Office of Science and Technology.
Director of Central Intelligence.
Secretary of the Air Force.
Secretary of the Army.
Secretary of the Navy.
Administrator, Federal Aviation Administration.
Director of the National Science Foundation.
Deputy Attorney General.
Deputy Secretary of Energy.
Deputy Secretary of Agriculture.
Director of the Office of Personnel Management.
Administrator, Federal Highway Administration.
Administrator of the Environmental Protection Agency.
Under Secretary of Defense for Acquisition, Technology, and Logistics.
Deputy Secretary of Labor.
Deputy Director of the Office of Management and Budget.
Independent Members, Thrift Depositor Protection Oversight Board.
Deputy Secretary of Health and Human Services.
Deputy Secretary of the Interior.
Deputy Secretary of Education.
Deputy Secretary of Housing and Urban Development.
Deputy Director for Management, Office of Management and Budget.
Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development.
Deputy Commissioner of Social Security, Social Security Administration.
Administrator of the Community Development Financial Institutions Fund.
Deputy Director of National Drug Control Policy.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The proviso in paragraph (15) of former section 2211(b) is carried into section 5314. The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the position is held by the incumbent of the position on August 14, 1964. The omission of this provision from title 5, without repealing the corresponding provision of the source statute, in effect leaves existing statute unchanged insofar as it relates to the present incumbent of the position of Director of the Federal Bureau of Investigation.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The deletion of paragraph (6) of
Amendments
1999—
1998—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1984—
1983—
1980—
1979—Pars. (1)–(24).
1978—Par. (24).
1977—Par. (1).
Par. (22).
1976—Par. (21).
Par. (23).
1975—
1974—Par. (7).
Par. (8).
Par. (22).
1972—Par. (1).
Par. (2).
Par. (6).
Par. (21).
1971—Par. (20).
1968—Par. (19).
1966—
Effective Date of 1998 Amendment
Amendment by section 1224(1) of
Amendment by section 1332(1) of
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Effective Date of 1987 Amendment
Section 178(b) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 5 of
"(a) Except as otherwise provided in this section, this Act [enacting
"(b) Subsection (b)(1) of section 3 of this Act [amending
Effective Date of 1974 Amendment
Amendment of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1968 Amendment
Section 15(a)(4) of
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of the National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Salary Increases
2000—Salaries of positions at level II increased to $141,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level II continued at $136,700 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level II increased to $136,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level II increased to $133,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level II increased to $129,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level II increased to $125,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level II continued at $89,500 per annum, and increased to $96,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level II continued at $89,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level II continued at $89,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level II increased to $89,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level II increased to $77,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level II increased to $75,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level II increased to $72,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level II increased to $77,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $60,662.50 to $69,800.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level II increased to $74,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level II increased to $70,900 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level II increased to $65,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level II increased to $60,700 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $57,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level II increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level II increased to $46,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $44,600.
1975—Salaries of positions at level II increased to $44,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level II increased from $30,000 to $42,500 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Director of the Federal Bureau of Investigation, Department of Justice
Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [this section], effective as of day following date on which person holding such office on June 19, 1968, ceases to serve as Director, see section 1101(a) of
Section Referred to in Other Sections
This section is referred to in
§5314. Positions at level III
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Export Administration, and Under Secretary of Commerce for Travel and Tourism.
Under Secretaries of State (6).
Under Secretaries of the Treasury (3).
Administrator of General Services.
Administrator of the Small Business Administration.
Deputy Administrator, Agency for International Development.
Chairman of the Merit Systems Protection Board.
Chairman, Federal Communications Commission.
Chairman, Board of Directors, Federal Deposit Insurance Corporation.
Chairman, Federal Energy Regulatory Commission.
Chairman, Federal Trade Commission.
Chairman, Surface Transportation Board.
Chairman, National Labor Relations Board.
Chairman, Securities and Exchange Commission.
Chairman, Board of Directors of the Tennessee Valley Authority.
Chairman, National Mediation Board.
Chairman, Railroad Retirement Board.
Chairman, Federal Maritime Commission.
Comptroller of the Currency.
Commissioner of Internal Revenue.
Under Secretary of Defense for Policy.
Under Secretary of Defense (Comptroller).
Under Secretary of Defense for Personnel and Readiness.
Deputy Administrator of the National Aeronautics and Space Administration.
Deputy Directors of Central Intelligence (2).
Director of the Office of Emergency Planning.
Director of the Peace Corps.
Deputy Director, National Science Foundation.
President of the Export-Import Bank of Washington.
Members, Nuclear Regulatory Commission.
Members, Defense Nuclear Facilities Safety Board.
Members, Board of Governors of the Federal Reserve System.
Director of the Federal Bureau of Investigation, Department of Justice.
Administrator of the National Highway Traffic Safety Administration.
Administrator of the Federal Motor Carrier Safety Administration.
Administrator, Federal Railroad Administration.
Chairman, National Transportation Safety Board.
Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts.
Chairman of the National Endowment for the Humanities.
Director of the Federal Mediation and Conciliation Service.
Federal Transit Administrator.
President, Overseas Private Investment Corporation.
Chairman, Postal Rate Commission.
Chairman, Occupational Safety and Health Review Commission.
Governor of the Farm Credit Administration.
Chairman, Equal Employment Opportunity Commission.
Chairman, Consumer Product Safety Commission.
Under Secretaries of Energy (2).
Chairman, Commodity Futures Trading Commission.
Deputy United States Trade Representatives (3).
Chairman, United States International Trade Commission.
Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration.
Associate Attorney General.
Chairman, Federal Mine Safety and Health Review Commission.
Chairman, National Credit Union Administration Board.
Deputy Director of the Office of Personnel Management.
Under Secretary of Agriculture for Farm and Foreign Agricultural Services.
Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
Under Secretary of Agriculture for Natural Resources and Environment.
Under Secretary of Agriculture for Research, Education, and Economics.
Under Secretary of Agriculture for Food Safety.
Under Secretary of Agriculture for Marketing and Regulatory Programs.
Director, Institute for Scientific and Technological Cooperation.
Under Secretary of Agriculture for Rural Development.
Administrator, Maritime Administration.
Executive Director Property Review Board.
Deputy Administrator of the Environmental Protection Agency.
Archivist of the United States.
Executive Director, Federal Retirement Thrift Investment Board.
Deputy Under Secretary of Defense for Acquisition and Technology.
Deputy Under Secretary of Defense for Logistics and Materiel Readiness.
Director, Trade and Development Agency.
Under Secretary of Commerce for Technology.
Under Secretary for Health, Department of Veterans Affairs.
Under Secretary for Benefits, Department of Veterans Affairs.
Under Secretary for Memorial Affairs, Department of Veterans Affairs.
Director of the Office of Government Ethics.
Administrator for Federal Procurement Policy.
Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget.
Director of the Office of Thrift Supervision.
Chairperson of the Federal Housing Finance Board.
Executive Secretary, National Space Council.
Controller, Office of Federal Financial Management, Office of Management and Budget.
Administrator, Research and Special Programs Administration.
Deputy Director for Demand Reduction, Office of National Drug Control Policy.
Deputy Director for Supply Reduction, Office of National Drug Control Policy.
Deputy Director for State and Local Affairs, Office of National Drug Control Policy.
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
Register of Copyrights.
Commissioner of Customs, Department of the Treasury 1
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(44) | Aug. 14, 1964, |
|
(45) | Aug. 14, 1964, |
The provisos in paragraphs (39) and (46) of former section 2211(c) are carried into section 5315. The remainders of paragraphs (39) and (46) are omitted but not repealed, see table III. The parts of paragraphs (39) and (46) that are omitted but not repealed provide that the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation shall be in Level III so long as the positions are held by the incumbents of the positions on August 14, 1964. The omission of these provisions from title 5, without repealing the corresponding provisions of the source statute, in effect, leaves existing statute unchanged insofar as it relates to the present incumbents of the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5314(49) | 20: 954(d) (2d sentence). | Sept. 29, 1965, |
5314(50) | 20:956(b)(1) (2d sentence). | Sept. 29, 1965, |
5314(51) | 5 App.: 2211(c)(47). | July 18, 1966, |
5314(52) | 42:3533(a) (as applicable to compensation of Under Secretary). | Sept. 9, 1965, |
The deletion of paragraph (41) of
In paragraph (49), the words "In lieu of receiving compensation at the rate prescribed by
Codification
Paragraph designation for the position added by
Amendments
1999—
1998—
1996—
1995—
1994—
1993—
1992—
1991—
1990—
"Under Secretary of Health and Human Services.
"Under Secretary of the Interior.
"Under Secretary of Education.
"Under Secretary of Housing and Urban Development.
Section did not contain the positions in the order referred to in
1989—
1988—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Par. (5).
Pars. (1) to (70).
Par. (70).
1978—Par. (9).
Par. (17).
Par. (66).
Par. (68).
Par. (69).
1977—Par. (21).
Par. (32).
Par. (60).
Par. (66).
1976—Par. (3).
Par. (64).
Par. (65).
1975—
Par. (38).
Par. (54).
Pars. (56), (57).
Par. (60).
Par. (61).
Pars. (62), (63).
1974—Par. (42).
Par. (60).
1973—Par. (55).
1972—Par. (9).
Par. (10).
Par. (58).
Par. (59).
1971—Pars. (1) to (54).
Par. (55).
Par. (58).
1970—Par. (3).
Par. (55).
Par. (57).
1969—Par. (54).
1968—Par. (40).
Par. (53).
1967—
1966—
Change of Name
"Export-Import Bank of Washington", referred to in text, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945,
Effective Date of 1999 Amendments
Amendment by
Amendment by section 1000(a)(9) [title IV, §4720(a)] of
Amendment by section 3293(a) of
Effective Date of 1998 Amendment
Amendment by section 1224(2) of
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendments
Amendment by
Amendment by
Effective Date of 1991 Amendments
Amendment by
Amendment by
Effective Date of 1990 Amendments
Amendment by
Section 6 of
Effective and Termination Dates of 1988 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendment
Section 116(d) of
Effective Date of 1984 Amendments
Amendment by
Amendment by section 609J of
Section 9(v) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section 114(c) of
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1975 Amendment
Section 6(a), formerly section 6(a)(1), of
Effective Date of 1974 Amendments
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendments
Amendment by
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Salary Increases
2000—Salaries of positions at level III increased to $130,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level III continued at $125,900 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level III increased to $125,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level III increased to $123,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level III increased to $119,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level III increased to $115,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level III increased to $85,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and increased to $89,000 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level III continued at $82,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level III continued at $82,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level III increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level III increased to $75,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level III increased to $73,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level III increased to $71,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level III increased to $70,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $59,500.00 to $68,400.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level III increased to $67,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level III increased to $64,700 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by an Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level III increased to $59,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level III increased to $55,400 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $52,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level III increased to $52,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level III increased to $44,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, set out as a note under
1975—Salaries of positions at level III increased to $42,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level III increased from $29,500 to $40,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Director of Federal Bureau of Investigation, Department of Justice
Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [
Position of Director of Federal Bureau of Investigation, referred to in text, placed temporarily in level II during incumbency of incumbent on Aug. 14, 1964, by
Section 1101(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
§5315. Positions at level IV
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics and Space Administration.
Assistant Administrators, Agency for International Development (6).
Regional Assistant Administrators, Agency for International Development (4).
Under Secretary of the Air Force.
Under Secretary of the Army.
Under Secretary of the Navy.
Assistant Secretaries of Agriculture (2).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (9).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services (6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (10).
Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training.
Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (7).
Members, United States International Trade Commission (5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Inspector General, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Board of Directors of the Tennessee Valley Authority.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation Administration.
Assistant Secretaries of Transportation (4).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway Development Corporation.
Assistant Secretary for Science, Smithsonian Institution.
Assistant Secretary for History and Art, Smithsonian Institution.
Deputy Administrator of the Small Business Administration.
Assistant Secretaries of Housing and Urban Development (8).
General Counsel of the Department of Housing and Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency Management Agency.
Executive Vice President, Overseas Private Investment Corporation.
Members, National Credit Union Administration Board (2).
Members, Postal Rate Commission (4).
Members, Occupational Safety and Health Review Commission.
Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission.
Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory Commission.
President, Government National Mortgage Association, Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration.
Commissioner of Immigration and Naturalization, Department of Justice.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (6).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration, Department of Energy.
Administrator, Energy Information Administration, Department of Energy.
Inspector General, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and Health.
Members, Federal Mine Safety and Health Review Commission.
President, National Consumer Cooperative Bank.
Inspector General, Department of Health and Human Services.
Inspector General, Department of Agriculture.
Special Counsel of the Merit Systems Protection Board.
Inspector General, Department of Housing and Urban Development.
Chairman, Federal Labor Relations Authority.
Inspector General, Department of Labor.
Inspector General, Department of Transportation.
Inspector General, Department of Veterans Affairs.
Deputy Director, Institute for Scientific and Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business Administration.
Inspector General, Department of Defense.
Assistant Administrator for Toxic Substances, Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste, Environmental Protection Agency.
Assistant Administrators, Environmental Protection Agency (8).
Director of Operational Test and Evaluation, Department of Defense.
Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State.
Administrator of the Health Care Financing Administration.
Director, National Institute of Standards and Technology, Department of Commerce.
Inspector General, Department of State.
Director of Defense Research and Engineering.
Ambassadors at Large.
Commissioner, National Center for Education Statistics.
Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service.
Inspector General, Department of Commerce.
Inspector General, Department of the Interior.
Inspector General, Department of Justice.
Inspector General, Department of the Treasury.
Inspector General, Agency for International Development.
Inspector General, Environmental Protection Agency.
Inspector General, Federal Emergency Management Agency.
Inspector General, General Services Administration.
Inspector General, National Aeronautics and Space Administration.
Inspector General, Nuclear Regulatory Commission.
Inspector General, Office of Personnel Management.
Inspector General, Railroad Retirement Board.
Inspector General, Small Business Administration.
Inspector General, Federal Deposit Insurance Corporation.
Assistant Secretaries, Department of Veterans Affairs (6).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health and Human Services 1
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and Delinquency Prevention.
Director, United States Marshals Service.
Inspector General, Resolution Trust Corporation.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of Commerce.
Director of the Institute of Museum and Library Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and Human Services.
Chief Financial Officer, Department of Housing and Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans Affairs.
Chief Financial Officer, Environmental Protection Agency.
Chief Financial Officer, National Aeronautics and Space Administration.
Commissioner, Office of Navajo and Hopi Indian Relocation.
Inspector General, Central Intelligence Agency 1
Deputy Under Secretary of Defense for Policy.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
Inspector General, Social Security Administration.
The 2 Commissioner of Labor Statistics, Department of Labor.
Administrator, Rural Utilities Service, Department of Agriculture.
Executive Director of the Alternative Agricultural Research and Commercialization Corporation.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and Human Services.
Chief Information Officer, Department of Housing and Urban Development.
Chief Information Officer, Department of the Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of Transportation.
Chief Information Officer, Department of the Treasury.
Chief Information Officer, Department of Veterans Affairs.
Chief Information Officer, Environmental Protection Agency.
Chief Information Officer, National Aeronautics and Space Administration.
Chief Information Officer, Agency for International Development.
Chief Information Officer, Federal Emergency Management Agency.
Chief Information Officer, General Services Administration.
Chief Information Officer, National Science Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel Management.
Chief Information Officer, Small Business Administration.
Inspector General, United States Postal Service.
Assistant Directors of Central Intelligence (3).
General Counsel of the Central Intelligence Agency.
Deputy Administrators of the National Nuclear Security Administration (3), but if the Deputy Administrator for Naval Reactors is an officer of the Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(69) | Aug. 14, 1964, |
|
(70), (71) | Aug. 14, 1964, |
|
(72)–(77) | Aug. 14, 1964, |
Paragraphs (72)–(77) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (72)–(77) in Level IV.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5315(12) | 5 App.: 2211(d)(12). | Aug. 26, 1965, |
5315(17) | 5 App.: 2211(d)(17). | Aug. 9, 1965, Oct. 2, 1965, |
[Uncodified]. | 1966 Reorg. Plan No. 2, §5(a), eff. May 10, 1966, |
|
5315(18) | [Uncodified]. | 1966 Reorg. Plan No. 2, §2 (last 20 words), eff. May 10, 1966, |
5315(21) | 5 App.: 2211(d)(21). | July 5, 1966, |
5315(30) | 5 App.: 2211(d)(30). | July 18, 1966, |
5315(87), (88). | 42: 3533(a) (as applicable to compensation of four Assistant Secretaries and General Counsel). | Sept. 9, 1965, |
5315(89) | 22: 2083(a) (1st sentence, less 1st 20 words). | Feb. 19, 1966, |
The deletion of paragraphs (25)–(28) of
The redesignation of paragraphs (78) and (79), added by
Codification
The paragraph designation for the positions added or amended by
Amendment by
Amendments
1999—
1998—
1997—
1996—
1995—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Pars. (1) to (128).
Pars. (13) to (16).
Par. (17).
Par. (19).
Par. (24).
Pars. (25) to (27).
Par. (91).
Par. (128).
1978—Par. (10).
Par. (66).
Par. (93).
Par. (122).
Par. (123).
Par. (124).
Pars. (125) to (127).
1977—Par. (1).
Par. (12).
Par. (22).
Par. (50).
Pars. (52), (53).
Par. (60).
Par. (102).
Pars. (114) to (119).
Pars. (120), (121).
1976—Par. (11).
Par. (96).
Par. (108).
Par. (109).
Par. (110).
Pars. (111) to (113).
1975—
Par. (24).
Par. (31).
Pars. (93) to (107).
1974—Par. (50).
Par. (87).
Par. (99).
Par. (100).
Pars. (101) to (104).
1973—Par. (90).
1972—Par. (10).
Par. (11).
Par. (23).
Par. (72).
Par. (95).
Par. (96).
Par. (97).
1971—Par. (13).
Par. (18).
Par. (51).
Par. (90).
1970—Par. (12).
Par. (15).
Par. (20).
Pars. (21), (45).
Par. (92).
Par. (93).
Par. (94).
1969—Par. (13).
Par. (92).
1968—Pars. (14) to (16).
Par. (87).
Par. (90).
Par. (91).
1967—
1966—
Change of Name
"Export-Import Bank of Washington", referred to in items relating to First Vice President and Members, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945,
Effective Date of 1999 Amendments
Amendment by section 1000(a)(5) [title II, §238(a)(1)] of
Amendment by section 1000(a)(9) [title IV, §4720(b)] of
Amendment by
Effective Date of 1998 Amendment
Amendment by section 1224(3) of
Amendment by sections 1314(c) and 1332(2) of
Effective Date of 1996 Amendment
Amendment by section 5125(e) of
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by section 162(d)(2) of
Effective Date of 1993 Amendment
Section 108(b) of
Effective Date of 1992 Amendments
Amendment by
Section 2(b)(3) of
Amendment by
Effective Date of 1991 Amendment
Section 122(d)(2) of
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective and Termination Dates of 1988 Amendments
Amendment by sections 1003(a)(4)(C) and 1007(c)(4) of
Amendment by section 7252(b)(3) of
Section 201(b)(2) of
Amendment by
Amendment by
Amendment by
Section 603(c) of
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendments
Section 6(c) of
Amendment by
Effective Date of 1984 Amendments
Amendment by section 609J of
Amendment by
Amendment by
Effective Date of 1983 Amendment
Amendment by section 1211(b) of
Amendment by section 1212(d) of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendments
Amendment by
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Amendment by section 114(b)(2) of
Section 115(b)(2) of
Effective Date of 1977 Amendments
Amendment by
Amendment by
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1972 Amendments
Section 404(c) of
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Repeals
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions, vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Office of Deputy Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Abolition of One Position of Assistant Administrator, Agency for International Development
One of the 6 positions of Assistant Administrator, Agency for International Development, provided for in this section, was abolished by Reorg. Plan No. 2 of 1979, §7, 44 F.R. 41165,
Inspector General, United States Postal Service
Section 101(f) [title VI, §662(c)(1)] of
Compensation of Deputy Administrator of Drug Enforcement Administration
Section 6153(c) of
Temporary Increase in Number of Assistant Secretaries of Defense
Number of Assistant Secretaries of Defense authorized at level IV of Executive Schedule under this section to be increased by one (to a total of 12) until Jan. 20, 1989, see section 1311 of
Associate Director of Federal Bureau of Investigation
Position of Associate Director of Federal Bureau of Investigation placed temporarily in level III during incumbency of incumbent on Aug. 14, 1964, by
Salary Increases
2000—Salaries of positions at level IV increased to $122,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level IV continued at $118,400 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level IV increased to $118,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level IV increased to $115,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level IV increased to $112,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level IV increased to $108,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level IV increased to $83,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and continued at that rate by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level IV increased to $80,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1989, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level IV continued at $77,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level IV increased to $77,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level IV increased to $74,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level IV increased to $72,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level IV increased to $69,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level IV increased to $67,200 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $58,500.00 to $67,200.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level IV increased to $64,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level IV increased to $61,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level IV increased to $56,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level IV increased to $52,800 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $50,000.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level IV increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level IV increased to $41,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $39,900.
1975—Salaries of positions at level IV increased to $39,900 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level IV increased from $28,750 to $38,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
2 The word "The" probably should not appear.
§5316. Positions at level V
Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Administrator, Bonneville Power Administration, Department of the Interior.
Administrator of the National Capital Transportation Agency.
Associate Administrators of the Small Business Administration (4).
Associate Administrators, National Aeronautics and Space Administration (7).
Associate Deputy Administrator, National Aeronautics and Space Administration.
Deputy Associate Administrator, National Aeronautics and Space Administration.
Archivist of the United States.
Assistant Secretary of Health and Human Services for Administration.
Assistant Attorney General for Administration.
Assistant and Science Adviser to the Secretary of the Interior.
Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice.
Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense.
Chairman of the Renegotiation Board.
Chairman of the Subversive Activities Control Board.
Chief Counsel for the Internal Revenue Service, Department of the Treasury.
Commissioner, Federal Supply Service, General Services Administration.
Director, United States Fish and Wildlife Service, Department of the Interior.
Commissioner of Indian Affairs, Department of the Interior.
Commissioners, Indian Claims Commission (5).
Commissioner, Public Buildings Service, General Services Administration.
Commissioner of Reclamation, Department of the Interior.
Commissioner of Vocational Rehabilitation, Department of Health and Human Services.
Commissioner of Welfare, Department of Health and Human Services.
Director, Defense Advanced Research Projects Agency, Department of Defense.
Director, Bureau of Mines, Department of the Interior.
Director, Geological Survey, Department of the Interior.
Deputy Commissioner of Internal Revenue, Department of the Treasury.
Deputy General Counsel, Department of Defense.
Associate Director of the Federal Mediation and Conciliation Service.
Associate Director for Volunteers, Peace Corps.
Associate Director for Program Development and Operations, Peace Corps.
Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2).
Assistant Directors, Office of Emergency Planning (3).
Fiscal Assistant Secretary of the Treasury.
General Counsel of the Agency for International Development.
General Counsel of the Nuclear Regulatory Commission.
General Counsel of the National Aeronautics and Space Administration.
Manpower Administrator, Department of Labor.
Members, Renegotiation Board.
Members, Subversive Activities Control Board.
Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4).
Assistant Administrator of General Services.
Director, United States Travel Service, Department of Commerce.
Administrator, Wage and Hour and Public Contracts Division, Department of Labor.
Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity.
Deputy Director, National Security Agency.
Director, Bureau of Land Management, Department of the Interior.
Director, National Park Service, Department of the Interior.
National Export Expansion Coordinator, Department of Commerce.
Special Assistant to the Secretary of Defense.
Staff Director, Commission on Civil Rights.
Assistant Secretary for Administration, Department of Transportation.
Director, United States National Museum, Smithsonian Institution.
Director, Smithsonian Astrophysical Observatory, Smithsonian Institution.
Administrator of the Environmental Science Services Administration.
Associate Directors of the Office of Personnel Management (5).
Assistant Federal Highway Administrator.
Deputy Administrator of the National Highway Traffic Safety Administration.
Deputy Administrator of the Federal Motor Carrier Safety Administration.
Assistant Federal Motor Carrier Safety Administrator.
Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice.
Vice Presidents, Overseas Private Investment Corporation (3).
Deputy Administrator, Federal Transit Administration, Department of Transportation.
General Counsel of the Equal Employment Opportunity Commission.
Executive Director, Advisory Council on Historic Preservation.
Additional Officers, Department of Energy (14).
General Counsel, Commodity Futures Trading Commission.
Additional officers, Nuclear Regulatory Commission (5).
Executive Director, Commodity Futures Trading Commission.
Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration.
Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration.
Assistant Administrators (3), National Oceanic and Atmospheric Administration.
General Counsel, National Oceanic and Atmospheric Administration.
Members, Federal Labor Relations Authority (2) and its General Counsel.
Additional officers, Institute for Scientific and Technological Cooperation (2).
Additional officers, Office of Management and Budget (6).
Associate Deputy Secretary, Department of Transportation.
Chief Scientist, National Oceanic and Atmospheric Administration.
Director, Indian Health Service, Department of Health and Human Services.
Commissioners, United States Parole Commission (8).
Commissioner, Administration on Children, Youth, and Families.
Director, Bureau of Transportation Statistics.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(99) | Aug. 14, 1964, |
|
(100)–(116) | Aug. 14, 1964, |
Paragraphs (100)–(116) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (100)–(116) in Level V.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5316(60) | 5 App.: 2211(e)(60). | July 5, 1966, |
5316(94) | 5 App.: 2211(e)(94). | Sept. 9, 1965, |
5316(95) | 5 App.: 2211(e)(95). | Aug. 9, 1965, |
5316(120) | 5 App.: 2211(e)(100). | Aug. 26, 1965, |
5316(121) | [Uncodified]. | 1965 Reorg. Plan No. 2, §4(a)(2d sentence, less 1st 18 words), eff. July 13, 1965, |
5316(122) | 42:3533(b) (last 29 words). | Sept. 9, 1965, |
5316(123) | 5 App.: 2211(e)(101). | July 5, 1966, |
5316(124) | 49: 1652(f)(2) (last 15 words in 2d sentence). | Oct. 15, 1966, |
5316(125) | 49: 1652(f)(1) (last 15 words in 2d sentence). | Oct. 15, 1966, |
The deletion of paragraphs (22), (38), and (83) of
The redesignation of paragraphs (117) and (118) as paragraphs "(118)" and "(119)", respectively, eliminates duplicate paragraph numbering effected by section 10(d)(5) of
Codification
The paragraph designations for the positions added by
Amendments
1999—
1998—
1997—
1996—
1994—
1993—
1992—
1991—
1990—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Pars. (1) to (152).
Pars. (37), (38).
Par. (87).
Par. (96).
Par. (152).
1978—Par. (99).
Par. (122).
Par. (144).
Par. (145).
Par. (146).
Pars. (147) to (151).
1977—Par. (11).
Par. (135).
Par. (136).
Par. (140).
Par. (141).
Pars. (142), (143).
1976—Par. (15).
Par. (44).
Par. (55).
Par. (58).
Pars. (115), (116).
Par. (131).
Par. (134).
Par. (135).
Par. (137).
Par. (140).
1975—
Par. (93).
Pars. (134) to (139).
1974—Par. (29).
Par. (42).
Par. (62).
Par. (69).
Par. (81).
Par. (102).
Par. (109).
Par. (122).
Par. (134).
Pars. (135), (136),
1973—Pars. (15) to (17).
Pars. (131) to (133).
Par. (133).
1972—Pars. (28), (64).
Par. (51).
Par. (111).
Par. (131).
1971—Par. (25).
Par. (126).
1970—Pars. (37), (60), (123).
Par. (130).
1969—Pars. (128), (129).
1968—Par. (66).
Par. (126).
Par. (127).
1967—
Pars. (46), (47).
1966—
Change of Name
Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of
Geological Survey redesignated United States Geological Survey by provision of title I of
Effective Date of 1999 Amendments
Amendment by
Amendment by
Effective Date of 1998 Amendments
Amendment by
Amendment by section 1224(4) of
Amendment by section 1332(3) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1986 Amendment
Section 2(e) of
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1973 Amendments
Offices and salaries modified under amendment by
Amendment by
Effective Date of 1972 Amendments
Amendment by
Amendment by
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendments
Amendment by
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, set out in the Appendix to this title.
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by 1973 Reorg. Plan No. 2, eff. July 1, 1973, 38 FR 15932,
Indian Claims Commission
Indian Claims Commission terminated on Sept. 30, 1978, pursuant to
Commissioner of Patents
Commissioner of Patents redesignated Commissioner of Patents and Trademarks by
Administrator of Bonneville Power Administration
Bonneville Power Administration transferred to Department of Energy by
General Counsel of Military Departments
Compensation of Deputy Assistant Secretary of Commerce for Communications and Information
Subversive Activities Control Board
Subversive Activities Control Board, Chairman and Members of which were compensated under this section, ceased operation on June 3, 1973, as unfunded by Congress.
Salary Increases
2000—Salaries of positions at level V increased to $114,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level V continued at $110,700 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level V increased to $110,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level V increased to $108,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level V increased to $104,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level V increased to $101,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level V increased to $78,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and continued at that rate by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level V increased to $75,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1989, as provided by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level V continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level V increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level V increased to $70,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level V increased to $68,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level V increased to $66,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level V increased to $63,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $57,500.00 to $63,800.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level V increased to $61,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level V increased to $58,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level V increased to $53,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level V increased to $50,100 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $47,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level V increased to $47,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level V increased to $39,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $37,800.
1975—Salaries of positions at level V increased to $37,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level V increased from $28,000 to $36,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Section Referred to in Other Sections
This section is referred to in
§5317. Presidential authority to place positions at levels IV and V
In addition to the positions listed in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The word "offices" is omitted as included in "positions". The term "Executive agency" is substituted for "Federal department or agency" in view of the definition in section 105. The words "after August 14, 1964" are substituted for "subsequent to the date of enactment of this Act".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The amendment to
Amendments
1966—
Effective Date of 1966 Amendment
Amendment by
Executive Order No. 11189
Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 11195
Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 11861
Ex. Ord. 11861, May 21, 1975, 40 F.R. 22531, as amended by Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579; Ex. Ord. No. 11872, July 21, 1975, 40 F.R. 30619; Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797; Ex. Ord. No. 11885, Oct. 15, 1975, 40 F.R. 48491; Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040; Ex. Ord. No. 11898, Jan. 14, 1976, 41 F.R. 2365; Ex. Ord. No. 11908, Mar. 18, 1976, 41 F.R. 11805; Ex. Ord. No. 11927, July 22, 1976, 41 F.R. 30583; Ex. Ord. No. 11976, Mar. 11, 1977, 42 F.R. 14081; Ex. Ord. No. 11983, May 4, 1977, 42 F.R. 23127; Ex. Ord. No. 11986, May 20, 1977, 42 F.R. 26407; Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841; Ex. Ord. No. 11999, June 27, 1977, 42 F.R. 33255; Ex. Ord. No. 12025, Dec. 1, 1977, 42 F.R. 61447; Ex. Ord. No. 12035, Jan. 20, 1978, 43 F.R. 3073; Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315; Ex. Ord. No. 12069, June 30, 1978, 43 F.R. 28973, which related to the placement of certain positions in levels IV and V, was revoked by Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, formerly set out below.
Executive Order No. 11864
Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579, which placed the position of Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975, in level IV of the Executive Schedule was superseded by Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797.
Executive Order No. 11995
Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841, which placed the position of Executive Director, Federal Personnel Management Systems Study, United States Civil Service Commission, in level V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 12076
Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, as amended by Ex. Ord. No. 12099, Nov. 17, 1978, 43 F.R. 54191; Ex. Ord. No. 12111, Jan. 2, 1979, 44 F.R. 1071; Ex. Ord. No. 12119, Feb. 14, 1979, 44 F.R. 10039, which related to the placement of positions in levels IV and V of the Federal Executive Salary Schedule, was revoked by Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, set out below.
Ex. Ord. No. 12154. Placement of Positions in Levels IV and V
Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, as amended by Ex. Ord. No. 12199, Mar. 12, 1980, 45 F.R. 16441; Ex. Ord. No. 12236, Sept. 3, 1980, 45 F.R. 58805; Ex. Ord. No. 12237, Sept. 3, 1980, 45 F.R. 58807; Ex. Ord. No. 12422, May 20, 1983, 48 F.R. 23157; Ex. Ord. No. 12431, July 8, 1983, 48 F.R. 31849; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12678, Apr. 28, 1989, 54 F.R. 18872; Ex. Ord. No. 12679, June 23, 1989, 54 F.R. 27149; Ex. Ord. No. 12749, Feb. 4, 1991, 56 F.R. 4711; Ex. Ord. No. 12758, Apr. 5, 1991, 56 F.R. 14631; Ex. Ord. No. 12814, Sept. 10, 1992, 57 F.R. 42483; Ex. Ord. No. 12833, Jan. 19, 1993, 58 F.R. 5907; Ex. Ord. No. 12841, Mar. 9, 1993, 58 F.R. 13529; Ex. Ord. No. 12942, Dec. 12, 1994, 59 F.R. 64551; Ex. Ord. No. 13063, Sept. 30, 1997, 62 F.R. 51757, provided:
By the authority vested in me as President by
1–1. Executive Schedule Positions
1–101. The following positions are placed in level IV of the Executive Schedule:
(a) Counselor to the Secretary, Department of the Treasury.
(b) Deputy Under Secretary for International Labor Affairs, Department of Labor.
(c) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health and Human Services.
(d) Executive Secretary of the National Security Council.
(e) Administrator, Office of Juvenile Justice and Delinquency Prevention, Department of Justice.
(f) Comptroller of the Department of Defense [now Under Secretary of Defense (Comptroller)].
(g) Assistant Secretary of the Air Force (1).
(h) Director, Office for Victims of Crime, Department of Justice.
(i) Director, Bureau of Justice Assistance, Department of Justice.
(j) Director of the National Institutes of Health.
(k) Members, Chemical Safety and Hazard Investigation Board (5).
(k)[(l)] Commissioner on Aging [now Assistant Secretary for Aging], Department of Health and Human Services[.]
1–102. The following positions are placed in level V of the Executive Schedule:
(a) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense.
(b) Executive Assistant and Counselor to the Secretary of Labor, Department of Labor.
(c) Deputy Under Secretary for Education, Department of Education.
(d) Deputy Under Secretary for Education, Department of Education.
(e) Commissioner, Administration for Native Americans[.]
1–2. General Provisions
1–201. Nothing in this Order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in Section 1–1 of this Order who was the occupant of that position immediately prior to the issuance of this Order.
1–202. Executive Order No. 12076, as amended, is hereby revoked.
Section Referred to in Other Sections
This section is referred to in
§5318. Adjustments in rates of pay
(a) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under
(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.
(Added
References in Text
The General Schedule, referred to in text, is set out under
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of
Amendments
1994—
1990—
1989—
Effective Date of 1994 Amendment
Section 101 of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 704(b) of
Salary Levels of Senior Government Officials
Section 703 of
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(b)
Revision in Method by Which Annual Pay Adjustments for Certain Executive, Legislative, and Judicial Positions Are To Be Made
Section 704(a) of
"(a)
"(1)
"(A)
"(i) the term 'Employment Cost Index' or 'ECI' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; and
"(ii) the term 'base quarter' means the 3-month period ending on December 31 of a year.
"(B)
"(i) reducing—
"(I) the ECI for the last base quarter prior to that date, by
"(II) the ECI for the second to last base quarter prior to that date,
"(ii) dividing the difference under clause (i) by the ECI for the base quarter referred to in clause (i)(II), and
"(iii) multiplying the quotient under clause (ii) by 100, except that no percentage change determined under this paragraph shall be—
"(I) less than zero; or
"(II) greater than 5 percent.
"(2)
"(A)
'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'.
"(B)
'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'."
Reduction of Rate of Salary or Basic Pay of Offices or Positions in the Executive, Legislative, and Judicial Branches to the Salary or Basic Pay Rate Payable as of July 14, 1983
"(a) Except as provided in subsection (b), the rate of salary or basic pay prescribed by law as of the date of the enactment of this Act [July 14, 1983] shall be reduced to the salary or basic pay rate payable as of such date in the case of—
"(1) any office or position at level I, II, or III of the Executive Schedule,
"(2) any Member of Congress, and
"(3) any other office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, for which the rate of salary or basic pay that is payable on such date of enactment is less than the rate then prescribed by law.
"(b) In the case of any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, for which the maximum rate of salary or basic pay that is payable on the date of the enactment of this Act [July 14, 1983] is less than the maximum rate then prescribed by law, the maximum rate prescribed by law as of such date of enactment shall be reduced to the maximum rate payable as of such date.
"(c) In determining the amount of the reduction under this section in the case of any Senator, the provisions of section 129, of
Limitation on Maximum Rate of Salary Increases for Senior Executive, Judicial, and Legislative Positions (Including Members of Congress); Services Performed After December 17, 1982; Applicability to Senators; Construction With Provisions Relating to Annual Rates of Compensation of Officers and Employees of the Senate
"(b) In lieu of payment of salary increases of up to 27.2 percent as authorized by law for senior executive, judicial, and legislative positions (including Members of Congress), it is the purpose of this section [enacting this provision and amending section 101(e) of
"(c) Subsection (b) shall not apply to Senators.
"(d) For the purposes of any rule, regulation, or order having the force and effect of law and limiting the annual rates of compensation of officers and employees of the Senate by reference to the annual rate of pay of Senators, the annual rate of pay of Senators shall be deemed to be the annual rate of pay that would be payable to Senators without regard to subsection (c) of this section."
Fiscal Year 1983 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1983, by this Act or any other Act may be used to pay the salary or pay of any individual in an office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1982, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1982, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) 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
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provisions of law, rule, or regulation which provides 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."
Fiscal Year 1982 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1982, 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 the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1981, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1981, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) 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
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provision of law, rule, or regulation which provides 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."
Similar provisions were contained in
"(a) Notwithstanding the provisions of section 305 of H.R. 4120 made applicable by section 101(g) of this joint resolution [set out above], but subject to subsection (b) of this section, nothing in section 101(g) shall (or shall be construed to) require that the rate of salary or basic pay, payable to any individual for or on account of services performed after December 31, 1981, be limited to or reduced to an amount which is less than—
"(1) $59,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level III of the Executive Schedule under
"(2) $58,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level IV of the Executive Schedule under
"(3) $57,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level V of the Executive Schedule under
"(b)(1) For purposes of subsection (a), any rate of salary or pay shall be considered to correspond to the basic pay for a level of the Executive Schedule if the rate of salary or pay for that office or position is (i) fixed at a rate which is equal to or greater than the rate of basic pay for that level of the Executive Schedule or (ii) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level (or to a percentage of such a maximum rate) by reason of
"(2) In applying subsection (a) for any office or position for which the rate of salary or basic pay is limited to a percentage of such a maximum rate, there shall be substituted, in lieu of the amount specified in subsection (a) for that office or position, an amount equal to such percentage of the specified amount.
"(c) Any adjustment pursuant to this section made to the pay of any employee or class of employees whose pay is disbursed by the Clerk of the House should be of such amount as to assure, to the maximum extent practicable, that such employees are not paid at rates at less than employees or classes of employees whose pay is disbursed by the Secretary of the Senate and who hold equivalent positions."
Fiscal Year 1981 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1981, 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 the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1980, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 3, 1980, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) 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
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provision of law, rule, or regulation which provides 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."
Similar provisions were contained in
Fiscal Year 1980 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"For the fiscal year 1980, funds available for payment to executive employees, which includes Members of Congress, who under existing law are entitled to approximately 12.9 percent increase in pay, shall not be used to pay any such employee or elected or appointed official any sum in excess of 5.5 percent increase in existing pay and such sum if accepted shall be in lieu of the 12.9 percent due for such fiscal year.
"Provided, further, That for the purpose of carrying out this provision and notwithstanding the provisions of the Federal Pay Comparability Act of 1970 [
Fiscal Year 1979 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part 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 the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1978, if the rate of salary or basic pay for such office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1978, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(c) For purposes of administering any provision of law, rule, or regulation which provides 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."
Identical provisions were enacted by
1977 Comparability Adjustment not Effective for Certain Positions
"(1) the second sentence of
"(2) paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (
"(3)
"(4)
Fiscal Year 1977 Limitation on Use of Funds for Pay Adjustments for Certain Positions
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—GENERAL SCHEDULE PAY RATES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5331. Definitions; application
(a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by
(b) This subchapter applies to employees and positions to which
(
Historical and Revision Notes
The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102.
Amendments
1990—Subsec. (b).
1988—Subsec. (b).
1978—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53
References in laws to fix pay in accordance with this subchapter and
Cross References
Employment of reading assistants for blind employees without regard to the provisions of this subchapter, see
Section Referred to in Other Sections
This section is referred to in title 50 App. section 2153.
§5332. The General Schedule
(a)(1) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated "GS–1" through "GS–15", consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
(b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §603 (less (d)), |
|
Oct. 24, 1951, ch. 554, §1(a), |
||
Sept. 1, 1954, ch. 1208, §109 (less (c)), |
||
June 28, 1955, ch. 189, §2(a), |
||
June 20, 1958, |
||
July 1, 1960, |
||
Oct. 11, 1962, |
||
Aug. 14, 1964, |
||
(b) | Oct. 28, 1949, ch. 782, §603 (d), |
|
Sept. 1, 1954, ch. 1208, §109(c), |
In subsection (a), the words "the symbol for which is 'GS' " are added on authority of former section 1111 which is carried into section 5104. So much as related to the Crafts, Protective, and Custodial Schedule is omitted as repealed effective not later than Sept. 11, 1955, by the Act of Sept. 1, 1954, §§109(b), 110(b),
In subsection (b), reference to payment made on the basis of a "monthly" rate is omitted since section 5504(b), former section 944(c), no longer provides for converting a basic annual rate to a basic monthly rate.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5332(a) | 5 App.: 1113(b). | Oct. 29, 1965, July 18, 1966, |
Amendments
1993—Subsec. (a)(1).
1992—Subsec. (a).
1984—Subsec. (a).
1978—Subsec. (a).
1967—Subsec. (a).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1978 Amendment
Section 504(a) of
Effective Date of 1967 Amendment
Section 220(a)(2) of
Short Title
Section 1 of
Section 201 of title II of
Adjustment of Pay Rates Effective October 1, 1972
"
1970 Increase in Pay Rates
"
"
"(2) The schedules referred to in paragraph (1) of this subsection are as follows: the General Schedule contained in
"(b) Rates of basic pay, basic compensation, and salaries of officers and employees paid under the schedules referred to in subsection (a) of this section shall be increased initially under conversion rules prescribed by the President or by such agency as the President may designate.
"(c) The increases made by the President under this section shall have the force and effect of law and shall be printed in (1) the Statutes at Large in the same volume as public laws, (2) the Federal Register, and (3) the Code of Federal Regulations.
"
"(1) the Secretary of Agriculture, with respect to individuals employed by the county committees established under
"(2) the President pro tempore of the Senate, with respect to the United States Senate;
"(3) the Finance Clerk of the House of Representatives, with respect to the United States House of Representatives; and
"(4) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol.
The provisions of this section shall not be construed to allow adjustments in the rates of pay of the following officers of the United States House of Representatives: Parliamentarian, Chaplain, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor Assistants to the Minority whose position titles formerly were Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and Minority Postmaster.
"(b) Notwithstanding
"(c) The rates of pay of the United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to
"(d) Notwithstanding
"
"(b) Nothing in this Act shall impair any authority pursuant to which rates of pay, compensation, or salary may be fixed by administrative action.
"(c) Notwithstanding any provisions other than section 6 of this Act—
"(1) any officer or employee of the United States Government receiving pay, compensation, or salary which is less than the basic pay for level V of the Executive Schedule in
"(2) any officer or employee of the United States Government receiving pay, compensation, or salary equal to or in excess of the basic pay for such level V shall not have his pay, compensation, or salary increased.
"
"(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act [Apr. 15, 1970], for services rendered during such period; and
"(2) in accordance with subchapter VIII of
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of
"(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the United States Government or the municipal government of the District of Columbia.
"
"
"
"
"(b) This section and sections 7 and 8 of this Act shall become effective on the date of enactment of this Act [Apr. 15, 1970].
"(c) For purposes of determining the amount of insurance for which an individual is eligible under
"(d) Any deduction to be made as the result of the enactment of this Act from the pay, compensation, or salary of an officer or employee enrolled in a retirement system of the United States Government, and the contribution of the agency employing the officer or employee, shall be made at the rates of deductions and contributions in effect for that system on the date of such enactment [Apr. 15, 1970]."
Initial Adjustment of 1967 Pay Increases
Section 202(b) of
"(1) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at one of the rates of a grade in the General Schedule, he shall receive a rate of basic pay at the corresponding rate in effect on and after such date.
"(2) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate between two rates of a grade in the General Schedule, he shall receive a rate of basic pay at the higher of the two corresponding rates in effect on and after such date.
"(3) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate in excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his existing rate of basic pay increased by 4.5 per centum, rounded to the next highest dollar, if such existing rate as so increased is higher.
"(4) If the officer or employee, immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section], is receiving, pursuant to section 2(b)(4) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of pay determined under section 208(b) of the Act of September 1, 1954, (
"(5) If the officer or employee, at any time during the period beginning on the effective date of this section [see Effective Date of 1967 Amendment note under this section], and ending on the date of enactment of this title [Dec. 16, 1967], was promoted from one grade under the General Schedule contained in
"(6) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this title [Dec. 16, 1967] became subject to the General Schedule and his rate of basic pay was set above the minimum rate of the grade on the basis of a previously earned rate above such minimum rate, his rate of basic pay shall be adjusted retroactively to the date on which he became subject to the General Schedule on the basis of the rate of the appropriate grade of the General Schedule contained in this section which corresponds numerically to the rate of the grade at which the pay of such officer or employee was set at the time he became subject to the General Schedule."
Section 202(b) of
1967 Salary Increase for Persons Whose Compensation Rates are Fixed by Administrative Action
Section 211(b)–(d) of
"(b) Notwithstanding section 3679 of the Revised Statutes, as amended (
"(c) Nothing contained in this section shall be held or considered to authorize any increase in the rates of pay of officers and 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) Nothing contained in this section shall affect the authority contained in any law pursuant to which rates of pay may be fixed by administrative action."
Sections 211(b)–(d) of
Retroactive Compensation Under 1967 Pay Increases
Section 218 of
"(a) Retroactive pay, compensation, or salary shall be paid by reason of this title only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this title [Dec. 16, 1967] except that such retroactive pay, compensation, or salary shall be paid—
"(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after October 1, 1967, and ending on the date of enactment of this title [Dec. 16, 1967], for services rendered during such period, and
"(2) in accordance with subchapter VIII of
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of
"(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia."
Section 218 of
Executive Order No. 11413
Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided for adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11474
Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided for adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11524
Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided for adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11576
Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11637
Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided for adjustment of pay rates effective Jan. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11691
Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, as amended by Ex. Ord. No. 11777, Apr. 12, 1974, 39 F.R. 13519, which provided for adjustment of pay rates effective Oct. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11739
Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided for adjustment of pay rates effective Oct. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11811
Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, which provided for adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out below.
Executive Order No. 11883
Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out below.
Executive Order No. 11941
Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out below.
Executive Order No. 12010
Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided for adjustment of pay rates effective Oct. 1, 1977, was superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out below.
Executive Order No. 12087
Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out below.
Executive Order No. 12165
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out below.
Executive Order No. 12248
Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out below.
Executive Order No. 12330
Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out below.
Executive Order No. 12387
Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041, formerly set out below.
Executive Order No. 12456
Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out below.
Executive Order No. 12496
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out below.
Executive Order No. 12578
Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out below.
Executive Order No. 12622
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out below.
Executive Order No. 12663
Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out below.
Executive Order No. 12698
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1 and 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out below.
Executive Order No. 12736
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out below.
Executive Order No. 12786
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out below.
Executive Order No. 12826
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, as amended by Ex. Ord. No. 12886, §3, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out below.
Executive Order No. 12886
Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates for the uniformed services effective Jan. 1, 1994, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out below.
Executive Order No. 12944
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for adjustment of pay rates effective Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out below.
Executive Order No. 12984
Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, as amended by Ex. Ord. No. 12990, §3, Feb. 29, 1996, 61 F.R. 8467, which provided for adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out below.
Executive Order No. 12990
Ex. Ord. No. 12990, Feb. 29, 1996, 61 F.R. 8467, which provided for adjustment of pay rates for the uniformed services effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out below.
Executive Order No. 13033
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out below.
Executive Order No. 13071
Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, set out below.
Executive Order No. 13106
Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, as amended by Ex. Ord. No. 13144, §8, Dec. 21, 1999, 64 F.R. 72238, provided for adjustment of pay rates effective Jan. 1, 1999, and amendment of Ex. Ord. No. 12748 (
Ex. Ord. No. 13144. Adjustments of Certain Rates of Pay
Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows:
(a) The General Schedule (
(b) The Foreign Service Schedule (
(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (
(a) The Executive Schedule (
(b) The Vice President (
(c) Justices and judges (
(b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register.
William J. Clinton.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
---|---|---|---|---|---|---|---|---|---|---|
GS–1 | $13,870 | $14,332 | $14,794 | $15,252 | $15,715 | $15,986 | $16,440 | $16,900 | $16,918 | $17,351 |
GS–2 | 15,594 | 15,964 | 16,481 | 16,918 | 17,107 | 17,610 | 18,113 | 18,616 | 19,119 | 19,622 |
GS–3 | 17,015 | 17,582 | 18,149 | 18,716 | 19,283 | 19,850 | 20,417 | 20,984 | 21,551 | 22,118 |
GS–4 | 19,100 | 19,737 | 20,374 | 21,011 | 21,648 | 22,285 | 22,922 | 23,559 | 24,196 | 24,833 |
GS–5 | 21,370 | 22,082 | 22,794 | 23,506 | 24,218 | 24,930 | 25,642 | 26,354 | 27,066 | 27,778 |
GS–6 | 23,820 | 24,614 | 25,408 | 26,202 | 26,996 | 27,790 | 28,584 | 29,378 | 30,172 | 30,966 |
GS–7 | 26,470 | 27,352 | 28,234 | 29,116 | 29,998 | 30,880 | 31,762 | 32,644 | 33,526 | 34,408 |
GS–8 | 29,315 | 30,292 | 31,269 | 32,246 | 33,223 | 34,200 | 35,177 | 36,154 | 37,131 | 38,108 |
GS–9 | 32,380 | 33,459 | 34,538 | 35,617 | 36,696 | 37,775 | 38,854 | 39,933 | 41,012 | 42,091 |
GS–10 | 35,658 | 36,847 | 38,036 | 39,225 | 40,414 | 41,603 | 42,792 | 43,981 | 45,170 | 46,359 |
GS–11 | 39,178 | 40,484 | 41,790 | 43,096 | 44,402 | 45,708 | 47,014 | 48,320 | 49,626 | 50,932 |
GS–12 | 46,955 | 48,520 | 50,085 | 51,650 | 53,215 | 54,780 | 56,345 | 57,910 | 59,475 | 61,040 |
GS–13 | 55,837 | 57,698 | 59,559 | 61,420 | 63,281 | 65,142 | 67,003 | 68,864 | 70,725 | 72,586 |
GS–14 | 65,983 | 68,182 | 70,381 | 72,580 | 74,779 | 76,978 | 79,177 | 81,376 | 83,575 | 85,774 |
GS–15 | 77,614 | 80,201 | 82,788 | 85,375 | 87,962 | 90,549 | 93,136 | 95,723 | 98,310 | 100,897 |
Step | Class 1 | Class 2 | Class 3 | Class 4 | Class 5 | Class 6 | Class 7 | Class 8 | Class 9 |
---|---|---|---|---|---|---|---|---|---|
1 | $77,614 | $62,890 | $50,960 | $41,292 | $33,459 | $29,911 | $26,740 | $23,905 | $21,370 |
2 | 79,942 | 64,777 | 52,489 | 42,531 | 34,463 | 30,808 | 27,542 | 24,622 | 22,011 |
3 | 82,341 | 66,720 | 54,063 | 43,807 | 35,497 | 31,733 | 28,368 | 25,361 | 22,671 |
4 | 84,811 | 68,722 | 55,685 | 45,121 | 36,562 | 32,685 | 29,220 | 26,122 | 23,352 |
5 | 87,355 | 70,783 | 57,356 | 46,475 | 37,658 | 33,665 | 30,096 | 26,905 | 24,052 |
6 | 89,976 | 72,907 | 59,077 | 47,869 | 38,788 | 34,675 | 30,999 | 27,712 | 24,774 |
7 | 92,675 | 75,094 | 60,849 | 49,305 | 39,952 | 35,715 | 31,929 | 28,544 | 25,517 |
8 | 95,455 | 77,347 | 62,674 | 50,784 | 41,150 | 36,787 | 32,887 | 29,400 | 26,282 |
9 | 98,319 | 79,667 | 64,555 | 52,307 | 42,385 | 37,890 | 33,873 | 30,282 | 27,071 |
10 | 100,897 | 82,057 | 66,491 | 53,877 | 43,656 | 39,027 | 34,890 | 31,191 | 27,883 |
11 | 100,897 | 84,519 | 68,486 | 55,493 | 44,966 | 40,198 | 35,936 | 32,126 | 28,719 |
12 | 100,897 | 87,054 | 70,541 | 57,158 | 46,315 | 41,404 | 37,014 | 33,090 | 29,581 |
13 | 100,897 | 89,666 | 72,657 | 58,873 | 47,705 | 42,646 | 38,125 | 34,083 | 30,469 |
14 | 100,897 | 92,356 | 74,836 | 60,639 | 49,136 | 43,925 | 39,269 | 35,105 | 31,383 |
Schedule for the Office of the Under Secretary for Health ( |
|||
Deputy Under Secretary for Health | 2 $131,811 | ||
Associate Deputy Under Secretary for Health | 3 126,250 | ||
Assistant Under Secretaries for Health | 3 122,529 | ||
Minimum | Maximum | ||
Medical Directors | $104,542 | 3 $118,484 | |
Service Directors | 91,028 | 113,050 | |
Director, National Center for Preventive Health | 77,614 | 113,050 | |
Physician and Dentist Schedule | |||
Director Grade | $91,028 | $113,050 | |
Executive Grade | 84,055 | 107,125 | |
Chief Grade | 77,614 | 100,897 | |
Senior Grade | 65,983 | 85,774 | |
Intermediate Grade | 55,837 | 72,586 | |
Full Grade | 46,955 | 61,040 | |
Associate Grade | 39,178 | 50,932 | |
Clinical Podiatrist and Optometrist Schedule | |||
Chief Grade | $77,614 | $100,897 | |
Senior Grade | 65,983 | 85,774 | |
Intermediate Grade | 55,837 | 72,586 | |
Full Grade | 46,955 | 61,040 | |
Associate Grade | 39,178 | 50,932 | |
Physician Assistant and Expanded-Function Dental Auxiliary Schedule 4 | |||
Director Grade | $77,614 | $100,897 | |
Assistant Director Grade | 65,983 | 85,774 | |
Chief Grade | 55,837 | 72,586 | |
Senior Grade | 46,955 | 61,040 | |
Intermediate Grade | 39,178 | 50,932 | |
Full Grade | 32,380 | 42,091 | |
Associate Grade | 27,864 | 36,225 | |
Junior Grade | 23,820 | 30,966 |
1 This schedule does not apply to the Assistant Under Secretary for Nursing Programs or the Director of Nursing Services. Pay for these positions is set by the Under Secretary for Health under
2 Pursuant to
3 Pursuant to
4 Pursuant to section 301(a) of
Schedule 4
Senior Executive Service
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 5
Executive Schedule
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 6
Vice President and Members of Congress
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 7
Judicial Salaries
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
O–10 1 | $8,214.90 | $8,503.80 | $8,503.80 | $8,503.80 | $8,503.80 |
O–9 | 7,280.70 | 7,471.50 | 7,630.50 | 7,630.50 | 7,630.50 |
O–8 | 6,594.30 | 6,792.30 | 6,953.10 | 6,953.10 | 6,953.10 |
O–7 | 5,479.50 | 5,851.80 | 5,851.80 | 5,851.80 | 6,114.60 |
O–6 | 4,061.10 | 4,461.60 | 4,754.40 | 4,754.40 | 4,754.40 |
O–5 | 3,248.40 | 3,813.90 | 4,077.90 | 4,077.90 | 4,077.90 |
O–4 | 2,737.80 | 3,333.90 | 3,556.20 | 3,556.20 | 3,622.20 |
O–3 2 | 2,544.00 | 2,844.30 | 3,041.10 | 3,364.80 | 3,525.90 |
O–2 2 | 2,218.80 | 2,423.10 | 2,910.90 | 3,009.00 | 3,071.10 |
O–1 2 | 1,926.30 | 2,004.90 | 2,423.10 | 2,423.10 | 2,423.10 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
O–10 1 | $8,830.20 | $8,830.20 | $9,319.50 | $9,319.50 | $9,986.40 |
O–9 | 7,824.60 | 7,824.60 | 8,150.10 | 8,150.10 | 8,830.20 |
O–8 | 7,471.50 | 7,471.50 | 7,824.60 | 7,824.60 | 8,150.10 |
O–7 | 6,114.60 | 6,468.90 | 6,468.90 | 6,792.30 | 7,471.50 |
O–6 | 4,754.40 | 4,754.40 | 4,754.40 | 4,916.10 | 5,693.10 |
O–5 | 4,077.90 | 4,200.30 | 4,427.10 | 4,723.80 | 5,077.50 |
O–4 | 3,781.80 | 4,040.40 | 4,267.50 | 4,461.60 | 4,658.10 |
O–3 2 | 3,652.20 | 3,850.20 | 4,040.40 | 4,139.10 | 4,139.10 |
O–2 2 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 |
O–1 2 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
O–10 1 | $9,986.40 | $10,655.10 | $10,655.10 | $10,655.10 | *$11,318.40 |
O–9 | 8,830.20 | 9,319.50 | 9,319.50 | 9,319.50 | 9,986.40 |
O–8 | 8,503.80 | 8,830.20 | 9,048.00 | 9,048.00 | 9,048.00 |
O–7 | 7,985.40 | 7,985.40 | 7,985.40 | 7,985.40 | 7,985.40 |
O–6 | 5,983.80 | 6,114.60 | 6,468.90 | 6,687.30 | 7,015.50 |
O–5 | 5,368.20 | 5,531.10 | 5,724.60 | 5,724.60 | 5,724.60 |
O–4 | 4,785.90 | 4,785.90 | 4,785.90 | 4,785.90 | 4,785.90 |
O–3 2 | 4,139.10 | 4,139.10 | 4,139.10 | 4,139.10 | 4,139.10 |
O–2 2 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 |
O–1 2 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 |
1 For officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,488.70 per month, regardless of cumulative years of service computed under
2 Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer.
* Basic pay for these officers is limited to the rate of basic pay for level III of the Executive Schedule, which is $10,850.10 per month.
Pay Grade | Over 4 | Over 6 | Over 8 | Over 10 |
---|---|---|---|---|
O–3E | $3,364.80 | $3,525.90 | $3,652.20 | $3,850.20 |
O–2E | 3,009.00 | 3,071.10 | 3,168.60 | 3,333.90 |
O–1E | 2,423.10 | 2,588.40 | 2,683.80 | 2,781.30 |
Over 12 | Over 14 | Over 16 | Over 18 | |
O–3E | $4,040.40 | $4,200.30 | $4,200.30 | $4,200.30 |
O–2E | 3,461.40 | 3,556.20 | 3,556.20 | 3,556.20 |
O–1E | 2,877.60 | 3,009.00 | 3,009.00 | 3,009.00 |
Over 20 | Over 22 | Over 24 | Over 26 | |
O–3E | $4,200.30 | $4,200.30 | $4,200.30 | $4,200.30 |
O–2E | 3,556.20 | 3,556.20 | 3,556.20 | 3,556.20 |
O–1E | 3,009.00 | 3,009.00 | 3,009.00 | 3,009.00 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
W–5 | |||||
W–4 | $2,592.00 | $2,781.30 | $2,781.30 | $2,844.30 | $2,974.20 |
W–3 | 2,355.90 | 2,555.40 | 2,555.40 | 2,588.40 | 2,618.70 |
W–2 | 2,063.40 | 2,232.60 | 2,232.60 | 2,297.40 | 2,423.10 |
W–1 | 1,719.00 | 1,971.00 | 1,971.00 | 2,135.70 | 2,232.60 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
W–5 | |||||
W–4 | $3,105.00 | $3,235.50 | $3,461.40 | $3,622.20 | $3,749.40 |
W–3 | 2,810.40 | 2,974.20 | 3,071.10 | 3,168.60 | 3,263.40 |
W–2 | 2,555.40 | 2,652.60 | 2,749.80 | 2,844.30 | 2,944.50 |
W–1 | 2,328.00 | 2,423.10 | 2,522.70 | 2,618.70 | 2,716.20 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
W–5 | $4,423.80 | $4,591.20 | $4,724.10 | $4,923.30 | |
W–4 | $3,850.20 | 3,974.10 | 4,107.00 | 4,235.10 | 4,427.10 |
W–3 | 3,364.80 | 3,495.90 | 3,622.20 | 3,622.20 | 3,749.40 |
W–2 | 3,041.10 | 3,136.80 | 3,263.40 | 3,263.40 | 3,263.40 |
W–1 | 2,810.40 | 2,910.90 | 2,910.90 | 2,910.90 | 2,910.90 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
E–9 1 | |||||
E–8 | |||||
E–7 | $1,765.80 | $1,906.20 | $1,976.10 | $2,045.70 | $2,115.60 |
E–6 | 1,518.90 | 1,655.70 | 1,724.40 | 1,797.60 | 1,865.40 |
E–5 | 1,332.60 | 1,450.50 | 1,521.00 | 1,587.30 | 1,691.70 |
E–4 | 1,242.90 | 1,312.80 | 1,390.20 | 1,497.30 | 1,556.70 |
E–3 | 1,171.50 | 1,235.70 | 1,284.60 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 | 930.30 | ||||
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
E–9 1 | $3,015.30 | $3,083.40 | $3,152.70 | $3,225.60 | |
E–8 | $2,528.40 | 2,601.60 | 2,669.70 | 2,739.00 | 2,811.60 |
E–7 | 2,182.80 | 2,252.70 | 2,323.20 | 2,427.90 | 2,496.90 |
E–6 | 1,932.60 | 2,003.40 | 2,106.60 | 2,172.90 | 2,242.80 |
E–5 | 1,761.00 | 1,830.00 | 1,898.10 | 1,932.60 | 1,932.60 |
E–4 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 |
E–3 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 | |||||
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
E–9 1 | $3,298.20 | $3,361.50 | $3,537.90 | $3,675.60 | $3,882.60 |
E–8 | 2,875.50 | 2,946.30 | 3,119.40 | 3,258.00 | 3,467.10 |
E–7 | 2,566.20 | 2,599.50 | 2,774.40 | 2,912.40 | 3,119.40 |
E–6 | 2,277.00 | 2,277.00 | 2,277.00 | 2,277.00 | 2,277.00 |
E–5 | 1,932.60 | 1,932.60 | 1,932.60 | 1,932.60 | 1,932.60 |
E–4 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 |
E–3 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 |
1 For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $4,719.00 per month, regardless of cumulative years of service under
2 Applies to personnel who have served 4 months or more on active duty.
3 Applies to personnel who have served less than 4 months on active duty.
part ii—rate of monthly cadet or midshipman pay
The rate of monthly cadet or midshipman pay authorized by
Locality Pay Area 1 | Rate |
---|---|
Atlanta, GA | 7.66% |
Boston-Worcester-Lawrence, MA–NH–ME–CT | 10.72% |
Chicago-Gary-Kenosha, IL–IN–WI | 11.49% |
Cincinnati-Hamilton, OH–KY–IN | 9.52% |
Cleveland-Akron, OH | 8.05% |
Columbus, OH | 8.55% |
Dallas-Fort Worth, TX | 8.59% |
Dayton-Springfield, OH | 7.63% |
Denver-Boulder-Greeley, CO | 10.54% |
Detroit-Ann Arbor-Flint, MI | 11.64% |
Hartford, CT | 11.25% |
Houston-Galveston-Brazoria, TX | 14.79% |
Huntsville, AL | 7.22% |
Indianapolis, IN | 6.99% |
Kansas City, MO–KS | 7.42% |
Los Angeles-Riverside-Orange County, CA | 12.76% |
Miami-Fort Lauderdale, FL | 9.80% |
Milwaukee-Racine, WI | 7.83% |
Minneapolis-St. Paul, MN–WI | 9.11% |
New York-Northern New Jersey-Long Island, NY–NJ–CT–PA | 12.09% |
Orlando, FL | 6.79% |
Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–MD | 9.55% |
Pittsburgh, PA | 7.61% |
Portland-Salem, OR–WA | 9.06% |
Richmond-Petersburg, VA | 7.60% |
Sacramento-Yolo, CA | 9.50% |
St. Louis, MO–IL | 7.08% |
San Diego, CA | 9.97% |
San Francisco-Oakland-San Jose, CA | 15.01% |
Seattle-Tacoma-Bremerton, WA | 9.20% |
Washington-Baltimore, DC–MD–VA–WV | 9.05% |
Rest of U.S. | 6.78% |
1 Locality Pay Areas are defined in 5 CFR 531.603.
Schedule 10
Administrative Law Judges
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Section Referred to in Other Sections
This section is referred to in
§5333. Minimum rate for new appointments
New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §801, Aug. 14, 1964, |
|
(b) | Oct. 28, 1949, ch. 782, §803, |
|
Sept. 1, 1954, ch. 1208, §104, |
||
Oct. 11, 1962, |
In subsection (b), the word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5333(a) | 5 App.: 1131. | July 18, 1966, |
Amendments
1990—
1979—
1978—Subsecs. (a), (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 7 section 84.
§5334. Rate on change of position or type of appointment; regulations
(a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and
(1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;
(2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;
(3) he is demoted to a position in a lower grade;
(4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;
(5) his type of appointment is changed;
(6) his employment status is otherwise changed; or
(7) his position is changed from one grade to another grade.
For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 106(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
(b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to—
(1) the maximum rate of the higher grade; or
(2) his existing rate of basic pay, if that rate is the higher.
If an employee so promoted or transferred is receiving basic pay at a rate saved to him under subchapter VI of this chapter on reduction in grade, he is entitled to—
(A) basic pay at a rate two steps above the rate which he would be receiving if subchapter VI of this chapter were not applicable to him; or
(B) his existing rate of basic pay, if that rate is the higher.
(c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed—
(1) at the minimum rate of the appropriate grade; or
(2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch.
(d) The rate of pay established for a teaching position as defined by
(e) An employee of a county committee established pursuant to
(f) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employee's initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed the highest previous rate of basic pay received by that employee during the employee's service described in section 2105(c). In the case of a nonappropriated fund employee who is moved involuntarily from such nonappropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employee's pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employee's rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(d) | Oct. 28, 1949, ch. 782, §802, |
|
Sept. 1, 1954, ch. 1208, §112 (as applicable to §802(b)), |
||
May 29, 1958, |
||
July 31, 1959, |
||
Oct. 11, 1962, |
||
(e) | July 17, 1959, |
In subsection (b), the words "under any provision of law" are omitted from the second sentence as unnecessary.
In subsection (e), the words "as defined by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
1997—Subsec. (d).
1996—Subsec. (c).
1993—Subsec. (c)(2).
Subsecs. (f), (g).
1990—Subsec. (g).
1986—Subsec. (e).
1984—Subsecs. (c)(2), (f).
1979—Subsec. (a).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
1968—Subsec. (a).
Subsec. (f).
1967—Subsec. (a).
Effective Date of 1997 Amendment
Section 1104(b) of
"(1) The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997].
"(2) In the case of a person who is employed in a teaching position referred to in
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 801(a)(2), (3)(F), (G) of
Amendment by section 906(a)(2) of
Effective Date of 1968 Amendment
Section 6 of
"(a) Sections 1–5 of this Act [amending this section,
"(b) References made by other laws, regulations, and orders to the laws restated by this Act are deemed to refer to the corresponding provisions of this Act.
"(c) Actions taken under the laws restated by this Act are deemed to have been taken under the corresponding provisions of this Act.
"(d) Sections 1(2) and 1(14) of this Act [amending
"(e) Sections 1(13)(B) and 1(17) of this Act [amending
Section Referred to in Other Sections
This section is referred to in title 40 App. section 109.
§5335. Periodic step-increases
(a) An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—
(1) each 52 calendar weeks of service in pay rates 1, 2, and 3;
(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or
(3) each 156 calendar weeks of service in pay rates 7, 8, and 9;
subject to the following conditions:
(A) the employee did not receive an equivalent increase in pay from any cause during that period; and
(B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
(b) Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
(c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.
(d) An increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this section.
(e) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.
(f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Oct. 11, 1962, |
|
(d) | Oct. 11, 1962, |
In subsection (a), the words "General Schedule" are substituted for "compensation schedules fixed by this chapter" since the General Schedule is now the only compensation schedule in that chapter. The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (a)(B), the words "except a hearing examiner appointed under
Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782,
June 28, 1950, ch. 382, §2,
Sept. 30, 1950, ch. 1123, §§9, 10,
Oct. 24, 1951, ch. 554, §1(e),
Sept. 1, 1954, ch. 1208, §§102(a), 103(a), 112 (less applicability to §802(b)), 305(a),
June 28, 1955, ch. 189, §2(e),
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5335(c) | 5 App.: 1121(c). | Oct. 29, 1965, |
The word "officer" is omitted as included in "employee", and the word "agency" is substituted for "department" to conform to the definition in
Amendments
1993—Subsec. (e).
Subsecs. (f), (g).
1990—Subsec. (a)(B).
Subsec. (g).
1984—Subsec. (e).
Subsec. (f).
1979—Subsec. (a)(3)(B).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 906(a)(2), (8) of
Pay Increases Deemed Equivalent Increases in Pay
Section 5(a) of
Cross References
Administrative law judges—
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by subsec. (a)(B) of this section, see
Office of Personnel Management, investigations, reports, and regulations for purposes of subsec. (a)(B) of this section, see
Subsequent statutes to be held to supersede or modify subsec. (a)(B) of this section only to the extent that they do so expressly, see
Performance ratings, see
Section Referred to in Other Sections
This section is referred to in
§5336. Additional step-increases
(a) Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
(b) A step-increase under this section is in addition to those under
(c) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Oct. 11, 1962, |
|
(c) | Oct. 11, 1962, |
For repeal of Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1993—Subsec. (c).
1984—Subsec. (c).
1978—Subsec. (a).
Subsec. (c).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 906(a)(2) of
Cross References
Incentive awards, see
Performance ratings, see
Section Referred to in Other Sections
This section is referred to in title 13 section 24.
[§5337. Repealed. Pub. L. 95–454, title VIII, §801(a)(2), Oct. 13, 1978, 92 Stat. 1221 ]
Section,
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of
§5338. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(
Historical and Revision Notes
The section is added on authority of former sections 1072 and 1072a, which are carried into section 5115.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
SUBCHAPTER IV—PREVAILING RATE SYSTEMS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5341. Policy
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
(Added
Prior Provisions
A prior section 5341,
Effective Date
Section 15(a) of
Repeals
Section 13 of
"(a) All laws or parts of laws inconsistent with this Act [see Effective Date note above] are hereby repealed to the extent of such inconsistency.
"(b) Subsection (a) of this section does not repeal or otherwise affect
Section Referred to in Other Sections
This section is referred to in title 10 section 1602; title 41 section 351.
§5342. Definitions; application
(a) For the purpose of this subchapter—
(1) "agency" means an Executive agency; but does not include—
(A) a Government controlled corporation;
(B) the Tennessee Valley Authority;
(C) the Virgin Islands Corporation;
(D) the Atomic Energy Commission;
(E) the Central Intelligence Agency;
(F) the National Security Agency, Department of Defense;
(G) the Bureau of Engraving and Printing, except for the purposes of
(H) the General Accounting Office; or 1
(J) 2 the Defense Intelligence Agency, Department of Defense; or
(K) the National Imagery and Mapping Agency, Department of Defense;
(2) "prevailing rate employee" means—
(A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement;
(B) an employee of a nonappropriated fund instrumentality described by
(C) an employee of the Veterans' Canteen Service, Department of Veterans Affairs, excepted from
(3) "position" means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee.
(b)(1) Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency.
(2) This subchapter does not apply to employees and positions described by
(A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and
(B) paragraph (14) of that section.
(3) This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from
(c) Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.
(Added
Prior Provisions
A prior section 5342,
Provisions similar to those comprising subsec. (b) of this section were contained in
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(1)(L).
1994—Subsec. (a)(1)(J) to (L).
1991—Subsec. (a)(2)(C).
1984—Subsec. (a)(1)(I) to (K).
1983—Subsec. (a)(1)(C) to (J).
1980—Subsec. (a)(1)(J).
1979—Subsec. (a)(1)(G).
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, except that in the case of employees referred to in subsec. (a)(2)(B) and (C) section effective on first day of first applicable pay period beginning on or after 180th day after Aug. 19, 1972, or on such earlier date (not earlier than 90th day after Aug. 19, 1972) as Civil Service Commission may prescribe, see section 15(a) of
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "or" probably should not appear.
2 So in original. Subsec. (a)(1) does not contain a subpar. (I).
§5343. Prevailing rate determinations; wage schedules; night differentials
(a) The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to
(1) the Office of Personnel Management shall define, as appropriate—
(A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of
(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and
(ii) wage areas for prevailing rate employees having special wage schedules and rates;
(B) with respect to prevailing rate employees under paragraphs (B) and (C) of
(i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and
(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
(2) the Office of Personnel Management shall designate a lead agency for each wage area;
(3) subject to paragraph (5) of this subsection, and subsections (c)(1)–(3) and (d) of this section, a lead agency shall conduct wage surveys, analyze wage survey data, and develop and establish appropriate wage schedules and rates for prevailing rate employees;
(4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Office of Personnel Management, as appropriate, for prevailing rate employees in that area; and
(5) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
(b) The Office of Personnel Management shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Office may schedule more frequent surveys when conditions so suggest.
(c) The Office of Personnel Management, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide—
(1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of
(2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission or recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate;
(3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to—
(A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates;
(B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and
(C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of
(4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards;
(5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and
(6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States.
(d)(1) A lead agency, in making a wage survey, shall determine whether there exists in the local wage area a number of comparable positions in private industry sufficient to establish wage schedules and rates for the principal types of positions for which the survey is made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence submitted by employee organizations recognized as representative of prevailing rate employees in that area.
(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall—
(A) establish the wage schedules and rates to be applicable to prevailing rate employees other than prevailing rate employees of the Department of Defense on the basis of—
(i) local private industry rates; and
(ii) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made; and
(B) establish the wage schedules and rates to be applicable to prevailing rate employees of the Department of Defense only on the basis of local private industry rates.
(e)(1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with—
(A) the first step at 96 percent of the prevailing rate;
(B) the second step at 100 percent of the prevailing rate;
(C) the third step at 104 percent of the prevailing rate;
(D) the fourth step at 108 percent of the prevailing rate; and
(E) the fifth step at 112 percent of the prevailing rate.
(2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of—
(A) 26 calendar weeks of service in step 1;
(B) 78 calendar weeks of service in step 2; and
(C) 104 calendar weeks of service in each of steps 3 and 4.
(3) Under regulations prescribed by the Office of Personnel Management, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
(4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based.
(f) A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential—
(1) amounting to 7½ percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and
(2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m.
A night differential under this subsection is a part of basic pay.
(Added
Prior Provisions
A prior section 5343,
Provisions similar to those comprising part of first sentence of subsec. (c) and subsec. (d) of this section were contained in
Amendments
1996—Subsec. (a)(5).
1985—Subsec. (d)(2).
1979—Subsec. (a)(5).
1978—Subsecs. (a) to (c), (e)(3).
Effective Date of 1985 Amendment
Section 1242(b) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section other than subsec. (e)(1)(D), (E), (2)(C) of this section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, and such subsec. (a)(1)(D), (E), (2)(C) not effective until first day of first pay period commencing after date on which President ceases to exercise his authority under Economic Stabilization Act of 1970 to stabilize wages and salaries, or Apr. 30, 1973, whichever occurs first, see section 15(a) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Limitation on Pay Adjustments for Prevailing Rate Employees and Crews of Vessels
"(a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2000, by this or any other Act, may be used to pay any prevailing rate employee described in
"(1) during the period from the date of expiration of the limitation imposed by section 614 of the Treasury and General Government Appropriations Act, 1999 [
"(2) during the period consisting of the remainder of fiscal year 2000, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of—
"(A) the percentage adjustment taking effect in fiscal year 2000 under
"(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2000 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year 1999 under such section.
"(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of
"(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 1999, shall be determined under regulations prescribed by the Office of Personnel Management.
"(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1999, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
"(e) This section shall apply with respect to pay for service performed after September 30, 1999.
"(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that 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.
"(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
"(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees."
Similar provisions were contained in the following prior acts:
Wage Rate for Certain Corps of Engineers Employees
"(a)
"(b)
"(c)
Employees of United States Corps of Engineers Paid From Corps of Engineers Special Power Rate Schedules; Consistency of Wages With Wages of Energy and Interior Department Employees
Negotiating Requirements for Labor Contracts, Etc., On and After October 13, 1978, and Negotiated Under Prevailing Rates and Practices Prior to August 19, 1972
Section 704 of
"(a) Those terms and conditions of employment and other employment benefits with respect to Government prevailing rate employees to whom section 9(b) of
"(b) The pay and pay practices relating to employees referred to in paragraph (1) of this subsection shall be negotiated in accordance with prevailing rates and pay practices without regard to any provision of—
"(A)
"(B) subchapter IV of
"(C) any rule, regulation, decision, or order relating to rates of pay or pay practices under subchapter IV of
Conversion Rules for Wage Schedule; Service for One Step Increase; Prohibition of Decrease in Basic Pay Rate; Retained Pay Continued
Section 9(a) of
"(1) Except as provided by this subsection, an employee's initial rate of pay on conversion to a wage schedule established pursuant to the amendments made by this Act [see Effective Date note under
"(2) In the case of any employee described in
Labor Contracts Pertaining to Wages, Terms and Conditions of Employment, and Other Employment Benefits
Section 9(b) of
"(1) abrogate, modify, or otherwise affect in any way the provisions of any contract in effect on the date of enactment of this Act [Aug. 19, 1972] pertaining to the wages, the terms and conditions of employment, and other employment benefits, or any of the foregoing matters, for Government prevailing rate employees and resulting from negotiations between Government agencies and organizations of Government employees;
"(2) nullify, curtail, or otherwise impair in any way the right of any party to such contract to enter into negotiations after the date of enactment of this Act [Aug. 19, 1972] for the renewal, extension, modification, or improvement of the provisions of such contract or for the replacement of such contract with a new contract; or
"(3) nullify, change, or otherwise affect in any way after such date of enactment [Aug. 19, 1972] any agreement, arrangement, or understanding in effect on such date [Aug. 19, 1972] with respect to the various items of subject matter of the negotiations on which any such contract in effect on such date [Aug. 19, 1972] is based or prevent the inclusion of such items of subject matter in connection with the renegotiation of any such contract, or the replacement of such contract with a new contract, after such date [Aug. 19, 1972]."
Wage Survey
Section 15(b) of
Equitable Wage Adjustments for Certain Prevailing Rate Employees
"
"(1) if based on a wage survey ordered to be made on or after August 15, 1971, but not placed into effect before November 14, 1971, by reason of the provisions of Executive Order 11615 or Executive Order 11627 [formerly set out as notes under
"(2) if based on a wage survey which had been scheduled to be made during the period beginning on September 1, 1971, and ending on January 12, 1972, and which was ordered to be made on or after January 23, 1972;
shall be effective on the date on which such wage schedule adjustment would have been effective under
"(b) Retroactive pay made under the provisions of this section will be made in accordance with
Section Referred to in Other Sections
This section is referred to in
§5344. Effective date of wage increase; retroactive pay
(a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
(b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—
(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or
(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.
For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.
(Added
Prior Provisions
Provisions similar to those comprising subsec. (a) of this section were contained in
Cross References
Settlement of accounts, money due as including retroactive pay under subsec. (a)(2) of this section, see
Section Referred to in Other Sections
This section is referred to in
[§5345. Repealed. Pub. L. 95–454, title VIII, §801(a)(2), Oct. 13, 1978, 92 Stat. 1221 ]
Section, added
A prior section 5345, added
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of
§5346. Job grading system
(a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. In carrying out this subsection, the Office shall—
(1) establish the basic occupational alinement and grade structure or structures for the job grading system;
(2) establish and define individual occupations and the boundaries of each occupation;
(3) establish job titles within occupations;
(4) develop and publish job grading standards; and
(5) provide a method to assure consistency in the application of job standards.
(b) The Office, from time to time, shall review such numbers of positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(c) On application, made in accordance with regulations prescribed by the Office, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Office shall—
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;
(2) decide whether the position has been placed in the proper occupation and grade; and
(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.
The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(Added
Amendments
1978—Subsecs. (a) to (c).
1972—Subsecs. (a), (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5347. Federal Prevailing Rate Advisory Committee
(a) There is established a Federal Prevailing Rate Advisory Committee composed of—
(1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
(2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
(3) two members from the military departments, designated by the Director of the Office of Personnel Management;
(4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
(5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
(6) five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
(b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
(c) Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
(d) The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
(e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
(f) The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
(g)(1) Except as provided in paragraph (2), members of the Committee described in paragraphs (2)–(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.
(2) The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132(a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.
(h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.
(Added
Amendments
1995—Subsec. (e).
1992—Subsec. (g).
1979—Subsec. (e).
1978—Subsecs. (a) to (e), (h).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
Section Referred to in Other Sections
This section is referred to in
§5348. Crews of vessels
(a) Except as provided by subsection (b) of this section, the pay of officers and members of crews of vessels excepted from
(b) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.
(
Amendments
1996—Subsec. (a).
Subsecs. (b), (c).
1979—Subsec. (b).
1972—Subsec. (a).
Subsec. (c).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Limitation on Pay Adjustments
For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see provisions set out as notes under
Section Referred to in Other Sections
This section is referred to in
§5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia
(a) The pay of employees, described under
(b) Subsection (a) of this section does not modify or otherwise affect
(Added
Prior Provisions
Provisions similar to those comprising subsec. (a) of this section were contained in
Amendments
1990—Subsec. (a).
1988—Subsec. (a).
1982—Subsec. (b).
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—STUDENT-EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5351. Definitions
For the purpose of this subchapter—
(1) "agency" means an Executive agency, a military department, and the government of the District of Columbia; and
(2) "student-employee" means—
(A) a student nurse, medical or dental intern, resident-in-training, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and
(B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §2, |
The section is restated in definition form. In paragraph (1), the words "an Executive agency, a military department" are coextensive with and substituted for "department, agency, or instrumentality of the Federal Government" in view of the definitions in sections 105 and 102.
The exception from the Classification Act of 1923, as amended, is omitted as obsolete and superseded by the Classification Act of 1949, as amended, which is carried into this title. The present exception from the Classification Act of 1949, as amended, is carried into section 5102(c)(16).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Par. (2)(B).
Effective Date of 1978 Amendment
Amendment by
Cross References
Premium pay employee, exclusion of student-employee, see
Retirement, creditable service of student-employees as defined by this section, see
Student employees covered by program of compensation for work injuries suffered by government employees, see
Section Referred to in Other Sections
This section is referred to in
§5352. Stipends
The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §3 (1st sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
1968—
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§5353. Quarters, subsistence, and laundry
An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §3 (less 1st sentence), |
The section is restated for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1968—
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§5354. Effect of detail or affiliation; travel expenses
(a) Status as a student-employee is not terminated by a temporary detail to, or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this subchapter from the hospital, clinic, or laboratory to which he is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency.
(b) When the detail or affiliation under subsection (a) of this section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §6, |
In subsection (b), the reference to "subchapter I of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5355. Effect on other statutes
This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §8, |
||
June 17, 1957, |
||
Sept. 2, 1958, |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—
§5356. Appropriations
Funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §9, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER VI—GRADE AND PAY RETENTION
Prior Provisions
A prior subchapter VI was renumbered VII by
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5361. Definitions
For the purpose of this subchapter—
(1) "employee" means an employee to whom
(2) "agency" has the meaning given it by
(3) "retained grade" means the grade used for determining benefits to which an employee to whom
(4) "rate of basic pay" means, in the case of a prevailing rate employee, the scheduled rate of pay determined under
(5) "covered pay schedule" means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) "position subject to this subchapter" means any position under a covered pay schedule; and
(7) "reduction-in-force procedures" means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor.
(Added
Prior Provisions
A prior section 5361,
Amendments
1993—Par. (5).
1990—Par. (5).
1984—Par. (5).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date
Section 801(a)(4) of
"(A) The amendments made by this subsection [enacting
"(B) An employee who was receiving pay under the provisions of
Section Referred to in Other Sections
This section is referred to in
§5362. Grade retention following a change of positions or reclassification
(a) Any employee—
(1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and
(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,
is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.
(b)(1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.
(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee's position for all purposes (including pay and pay administration under this chapter and
(1) for purposes of subsection (a) of this section,
(2) for purposes of applying any reduction-in-force procedures, or
(3) for such other purposes as the Office of Personnel Management may provide by regulation.
(d) The foregoing provisions of this section shall cease to apply to an employee who—
(1) has a break in service of one workday or more;
(2) is demoted (determined without regard to this section) for personal cause or at the employee's request;
(3) is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; or
(4) elects in writing to have the benefits of this section terminate.
(Added
Prior Provisions
A prior section 5362,
Amendments
1993—Subsec. (c).
1984—Subsec. (c)(3).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Additional Pay and Benefits for Employees Reduced in Grade On or After January 1, 1977, Etc.
Section 801(b) of
"(1) Under regulations prescribed by the Office of Personnel Management, any employee—
"(A) whose grade was reduced on or after January 1, 1977, and before the effective date of the amendments made by subsection (a) of this section [see Effective Date note set out under
"(B) who has remained employed by the Federal Government from the date of the reduction in grade to the effective date of the amendments made by subsection (a) of this section without a break in service of one workday or more;
shall be entitled—
"(i) to receive the additional pay and benefits which such employee would have been entitled to receive if the amendments made by subsection (a) of this section had been in effect during the period beginning on the effective date of such reduction in grade and ending on the day before the effective date of such amendments, and
"(ii) to have the amendments made by subsection (a), of this section apply to such employee as if the reduction in grade had occurred on the effective date of such amendments.
"(2) No employee covered by this subsection whose reduction in grade resulted in an increase in pay shall have such pay reduced by reason of the amendments made by subsection (a) of this section.
"(3)(A) For purposes of this subsection, the requirements under paragraph (1)(B) of this subsection, relating to continuous employment following reduction in grade, shall be considered to be met in the case of any employee—
"(i) who separated from service with a right to an immediate annuity under
"(ii) who died.
"(B) Amounts payable by reason of subparagraph (A) of this paragraph in the case of the death of an employee shall be paid in accordance with the provisions of subchapter VIII of
"(4) The Office of Personnel Management shall have the same authority to prescribe regulations under this subsection as it has under
Section Referred to in Other Sections
This section is referred to in
§5363. Pay retention
(a) Any employee—
(1) who ceases to be entitled to the benefits of
(2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under
(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or
(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of
is entitled to basic pay at a rate equal to (A) the employee's allowable former rate of basic pay, plus (B) 50 percent of the amount of each increase in the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay if such allowable former rate exceeds such maximum rate for such grade.
(b) For the purpose of subsection (a) of this section, "allowable former rate of basic pay" means the lower of—
(1) the rate of basic pay payable to the employee immediately before the reduction in pay; or
(2) 150 percent of the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay.
(c) The preceding provisions of this section shall cease to apply to an employee who—
(1) has a break in service of one workday or more;
(2) is entitled by operation of this subchapter or
(3) is demoted for personal cause or at the employee's request.
(Added
Prior Provisions
A prior section 5363,
Amendments
1993—Subsec. (c)(2).
1990—Subsec. (a)(2) to (4).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5364. Remedial actions
Under regulations prescribed by the Office of Personnel Management, the Office may require any agency—
(1) to report to the Office information with respect to vacancies (including impending vacancies);
(2) to take such steps as may be appropriate to assure employees receiving benefits under
(3) to establish a program under which employees receiving benefits under
(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.
(Added
Prior Provisions
A prior section 5364,
§5365. Regulations
(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter—
(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;
(2) to individuals to whom such provisions do not otherwise apply; and
(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.
Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
(Added
Prior Provisions
A prior section 5365, added
Amendments
1990—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5366. Appeals
(a)(1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal—
(A) under
(B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of
(1) any action which is the basis of an individual's entitlement to benefits under this subchapter, and
(2) any termination of any such benefits under this subchapter,
shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.
(Added
SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
Amendments
1978—
Subchapter Referred to in Other Sections
This subchapter is referred to in title 42 section 1320a–4.
§5371. Health care positions
(a) For the purposes of this section, "health care" means direct patient-care services or services incident to direct patient-care services.
(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of
(1) in lieu of any provision of
(2) notwithstanding any lack of specific authority for a matter with respect to which
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1) to which
(2) which involves health care responsibilities.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 4, 1961, Oct. 11, 1962, |
The authority to fix rates of pay is added on authority of former section 1161, which is carried into section 3104.
For repeal of the Act of Aug. 1, 1947, ch. 433,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsec. (b).
1990—
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Cross References
Annual reports by agency heads covering positions for scientific and professional personnel, see
Section Referred to in Other Sections
This section is referred to in
§5372. Administrative law judges
(a) For the purposes of this section, the term "administrative law judge" means an administrative law judge appointed under section 3105.
(b)(1)(A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
(B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.
(C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
(3)(A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
(4) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for administrative law judges shall be adjusted by an amount determined by the President to be appropriate.
(c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 11, 1946, ch. 324, §11 (3d sentence), |
The exception from the operation of the efficiency rating system is omitted as covered by sections 4301(2)(E) and 5335(a)(B). The reference to "subchapter III of this chapter and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b)(1)(C), is set out in
The General Schedule, referred to in subsec. (b)(4), is set out under
Amendments
1999—Subsec. (b)(1).
AL–3, rate A | 65 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate B | 70 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate C | 75 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate D | 80 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate E | 85 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate F | 90 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–2 | 95 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–1 | The rate of basic pay for level IV of the Executive Schedule." |
Subsec. (b)(1)(B), (C).
Subsec. (b)(3)(A).
Subsec. (b)(4).
1992—Subsec. (c).
1990—
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Conversion Rule for Administrative Law Judges
Section 529 [title I, §104(e)] of
Pay Increases
2000—The President, under Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Section Referred to in Other Sections
This section is referred to in
§5372a. Contract appeals board members
(a) For the purpose of this section—
(1) the term "contract appeals board member" means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and
(2) the term "appeals board" means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978.
(b) Rates of basic pay for contract appeals board members shall be as follows:
(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule.
(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1).
(3) Other members of an appeals board—94 percent of the rate under paragraph (1).
(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.
(Added
References in Text
Section 8 of the Contract Disputes Act of 1978, referred to in subsec. (a), is classified to
Level IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in
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
Section Referred to in Other Sections
This section is referred to in
§5373. Limitation on pay fixed by administrative action
(a) Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (
(1)
(2)
(3)
(b) Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, Oct. 6, 1964, |
The words "head of an Executive agency or military department" are coextensive with and substituted for "head of any executive department, independent establishment, or agency in the executive branch" because of the definitions in sections 102 and 105.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Government Employees Salary Reform Act of 1964 (
Level IV of the Executive Schedule, referred to in subsec. (a), is set out in
Section 206 of the Bank Conservation Act, referred to in subsec. (a)(1), is classified to
Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, referred to in subsec. (a)(1), are classified to sections 1422b(b) and 1441a(e)(4), respectively, of Title 12, Banks and Banking.
Section 2A(i) of the Home Owners' Loan Act, referred to in subsec. (a)(1), probably should be a reference to section 3(g) of the Home Owners' Loan Act, act June 13, 1933, ch. 64, as amended by
Sections 5.11 and 5.58 of the Farm Credit Act of 1971, referred to in subsec. (a)(1), are classified to sections 2245 and 2277a–7, respectively, of Title 12, Banks and Banking.
Level III of the Executive Schedule, referred to in subsec. (b), is set out in
Amendments
1999—
1996—
1990—
1989—Par. (2).
1979—Par. (1).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Cross References
Secretary of Defense authorized to prescribe salary schedules for civilian faculty and staff of Uniformed Services University of the Health Sciences so as to place employees of the University on a comparable basis with employees of fully accredited schools of the health professions in vicinity of District of Columbia, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5374. Miscellaneous positions in the executive branch
The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The word "office" is omitted as included in "position". The words "before August 14, 1964" are substituted for "prior to the date of enactment of this Act". The words "pursuant to section 303 of this Act" are omitted as surplusage.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
§5375. Police force of the National Zoological Park
The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows:
(1) Private, not more than the maximum annual rate of basic pay payable for grade GS–7 of the General Schedule.
(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8 of the General Schedule.
(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule.
(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS–10 of the General Schedule.
(Added
References in Text
General Schedule, referred to in text, is set out under
Amendments
1992—Par. (2).
1990—
"(1) Private—not more than the rate for GS–7, Step 5;
"(2) Sergeant—not more than the rate for GS–8, Step 5;
"(3) Lieutenant—not more than the rate for GS–9, Step 5;
"(4) Captain—not more than the rate for GS–10, Step 5."
1975—
Effective Date of 1990 Amendment
Section 2 of
Effective Date
Section 3(a) of
Reduction of Basic Pay Rate
Section 3(b) of
Section Referred to in Other Sections
This section is referred to in
§5376. Pay for certain senior-level positions
(a) This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
(b)(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(Added
References in Text
The General Schedule, referred to in subsec. (b), is set out under
Level IV of the Executive Schedule, referred to in subsec. (b)(1)(B), is set out in
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
References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations
Section 529 [title I, §101(c), (d)] of
"(c)
"(1) any reference in a provision of law (which is outside
"(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a));
"(ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and
"(iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and
"(B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302 [section 529 [title III, §302] of
"(2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with
"(A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but
"(B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable.
"(d)
Section Referred to in Other Sections
This section is referred to in
§5377. Pay authority for critical positions
(a) For the purpose of this section—
(1) the term "agency" has the meaning given it by section 5102; and
(2) the term "position" means—
(A) a position to which
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104; and
(F) a position in a category as to which a designation is in effect under subsection (i).
(b) Authority under this section—
(1) may be granted or exercised only with respect to a position—
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agency's successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted.
(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
(e) The authority to fix the rate of basic pay under this section for a position shall terminate—
(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section.
(h) The Office of Management and Budget shall report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include—
(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and
(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
(i)(1) For the purpose of this subsection, the term "position" means the work, consisting of the duties and responsibilities, assignable to an employee, except that such term does not include any position under subsection (a)(2)(A)–(E).
(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).
(Added
References in Text
Level I of the Executive Schedule, referred to in subsec. (d)(2), is set out in
Amendments
1992—Subsec. (a)(2)(E), (F).
Subsec. (i).
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
Abolition of House Committee on Post Office and Civil Service
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight, see section 1(b) of
Delegation of Functions
Authority of President under subsec. (i)(2) of this section delegated to Director of Office of Management and Budget by Ex. Ord. No. 12828, §2, Jan. 5, 1993, 58 F.R. 2965, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5378. Police forces of the Bureau of Engraving and Printing and the United States Mint
(a) The Secretary of the Department of the Treasury, or his designee, in his sole discretion shall fix the rates of basic pay for positions within the police forces of the United States Mint and the Bureau of Engraving and Printing without regard to the pay provisions of
(b) For the purpose of this section, the term "police forces of the Bureau of Engraving and Printing and the United States Mint" means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.
(Added
References in Text
The General Schedule, referred to in subsec. (a), is set out under
Amendments
1997—Subsec. (a).
1995—Subsec. (a)(8).
Effective Date; Conversion and Savings Provisions
Section 529 [title I, §109(c)] of
"(1) This section and the amendments made by this section [enacting this section, amending
"(2)(A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if—
"(i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A) [enacting this section], such individual would (but for this paragraph) be paid—
"(I) at the step of the grade for which such special pay rate is then in effect; or
"(II) at a level which is between steps for which special pay rates are then in effect; and
"(ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect.
The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II).
"(B) For the purpose of this paragraph, the term 'special pay rate' means a rate which—
"(i) is established under
"(ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and
"(iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section.
"(3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section."
Special Pay Rates Not Affected
Section 529 [title I, §109(b)] of
"(1) affect any special pay rate under
"(2) impair any authority to fix or adjust special pay rates under such section 5303 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint."
[Amendment by
Section Referred to in Other Sections
This section is referred to in
§5379. Student loan repayments
(a)(1) For the purpose of this section—
(A) the term "agency" means an agency under subparagraph (A), (B), (C), (D), or (E) of
(B) the term "student loan" means—
(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965;
(ii) a loan made under part E of title IV of the Higher Education Act of 1965; and
(iii) a health education assistance loan made or insured under part C 1 of title VII of Public Health Service Act or under part B of title VIII of such Act.
(2) An employee shall be ineligible for benefits under this section if such employee occupies a position which—
(A) is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(B) is not subject to subchapter III of this chapter.
(b)(1) The head of an agency may, in order to recruit or retain highly qualified professional, technical, or administrative personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee.
(2) Payments under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the agency and employee concerned, except that the amount paid by an agency under this section may not exceed—
(A) $6,000 for any employee in any calendar year; or
(B) a total of $40,000 in the case of any employee.
(3) Nothing in this section shall be considered to authorize an agency to pay any amount to reimburse an employee for any repayments made by such employee prior to the agency's entering into an agreement under this section with such employee.
(c)(1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will—
(A) remain in the service of the agency for a period specified in the agreement (not less than 3 years), unless involuntarily separated; and
(B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, repay to the Government the amount of any benefits received by such employee from that agency under this section.
(2) The payment agreed to under paragraph (1)(B) of this subsection may not be required of an employee who leaves the service of such employee's agency voluntarily to enter into the service of any other agency unless the head of the agency that authorized the benefits notifies the employee before the effective date of such employee's entrance into the service of the other agency that payment will be required under this subsection.
(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under paragraph (2) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, a sum equal to the amount outstanding is recoverable by the Government from the employee (or such employee's estate, if applicable) by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest.
(4) Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which merged.
(d) An employee receiving benefits under this section from an agency shall be ineligible for continued benefits under this section from such agency if the employee—
(1) separates from such agency; or
(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe.
(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of
(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved.
(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.
(Added
References in Text
The Higher Education Act of 1965, referred to in subsec. (a)(1)(B)(i), (ii), is
The Public Health Service Act, referred to in subsec. (a)(1)(B)(iii), is act July 1, 1944, ch. 373,
Section Referred to in Other Sections
This section is referred to in title 10 section 1745.
1 See References in Text note below.
[§5380. Repealed. Pub. L. 102–378, §8(a), Oct. 2, 1992, 106 Stat. 1359 ]
Section, added
Effective Date of Repeal
Repeal effective Nov. 5, 1990, see section 9(b)(6) of
SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5381. Definitions
For the purpose of this subchapter, "agency", "Senior Executive Service position", "career appointee", and "senior executive" have the meanings set forth in
(Added
Amendments
1989—
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§5382. Establishment and adjustment of rates of pay for the Senior Executive Service
(a) There shall be 5 or more rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates. The rates of basic pay shall be initially established and thereafter adjusted by the President subject to subsection (b) of this section.
(b) In setting rates of basic pay, the lowest rate for the Senior Executive Service shall not be less than the minimum rate of basic pay payable under section 5376 and the highest rate shall not exceed the rate for level IV of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of
(c) Subject to subsection (b) of this section, effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under
(d) The rates of basic pay that are established and adjusted under this section shall be printed in the Federal Register and shall supersede any prior rates of basic pay for the Senior Executive Service.
(Added
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b), is set out in
The General Schedule, referred to in subsec. (c), is set out under
Amendments
1990—Subsec. (b).
Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Pay Increases
2000—The President, under Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for adjustment of pay rates effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1998—Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1997—Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1996—Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1995—Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which continued pay rates, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1992—Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1991—Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1989—Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1988—Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1987—Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1985—Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1984—Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1982—Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
Maximum rate payable after Dec. 17, 1982, increased from $58,500 to $67,200, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(e) of
1981—Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981.
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see sections 101(g) and 141 of
1980—Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921.
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(c) of
1979—Ex. Ord. No. 12165, Oct, 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199.
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
Executive Order No. 12592
Ex. Ord. No. 12592, Apr. 10, 1987, 52 F.R. 13417, as amended by Ex. Ord. No. 12609, Sept. 23, 1987, 52 F.R. 36211, which related to the establishment, functions, administration, and termination of the President's Commission on Compensation of Career Federal Executives, was revoked by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§5383. Setting individual senior executive pay
(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates established under
(b) Members of the Senior Executive Service shall be subject to the limitation under section 5307.
(c) Except for any pay adjustment under
(d) The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.
(e)(1) This subsection applies to—
(A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and
(B) any individual who—
(i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and
(ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.
(2)(A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.
(B) The initial rate of pay for a career appointee following the position's conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such position's conversion.
(Added
Amendments
1992—Subsec. (b).
"(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under
"(2)(A) Any amount which is not paid to a senior executive during a fiscal year because of the limitation under paragraph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year.
"(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of applying the limitation under paragraph (1) of this subsection with respect to such fiscal year.
"(C) The Office of Personnel Management shall prescribe regulations, consistent with
1991—Subsec. (e).
1990—Subsec. (b)(1).
1984—Subsec. (b).
1979—Subsec. (b).
Effective Date of 1984 Amendment
Amendment by
Senior Executive Service; Maximum Aggregate Amount Payable, Etc.; Report
Section Referred to in Other Sections
This section is referred to in
§5384. Performance awards in the Senior Executive Service
(a)(1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section.
(2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under
(b)(1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee's most recent performance appraisal and rating under subchapter II of
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee's rate of basic pay.
(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of—
(A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or
(B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
(c)(1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under
(2) not 1 less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d) The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards.
(Added
Amendments
1998—Subsec. (b)(3).
1989—Subsec. (c).
1984—Subsec. (b)(2).
Subsec. (b)(3).
Effective Date of 1998 Amendment
Effective Date of 1984 Amendment
Amendment by
Limitation on Number of Performance Awards for Career Appointees
Section 306(c) of S. 2939, Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, and incorporated by reference in
Similar provisions were contained in the following acts:
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§5385. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS
Amendments
1992—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5391. Definitions
For the purposes of this subchapter, "agency", "employee", and "position" have the meanings given them by section 5102.
(Added
Effective Date
Subchapter 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
§5392. Establishment of special occupational pay systems
(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section).
(b) Subject to subsection (a), the President's pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under
(c) In establishing special occupational pay systems, the pay agent shall—
(1) identify occupations or groups of occupations for which
(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations;
(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties;
(4) publish a proposed plan for determining the pay of such employees in the Federal Register;
(5) conduct one or more public hearings;
(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and
(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system.
(d) A special occupational pay system may not—
(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or
(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule.
(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.
(Added
References in Text
Level V of the Executive Schedule, referred to in subsec. (d)(2), is set out in
The General Schedule, referred to in subsec. (e), is set out under
[CHAPTER 54 —REPEALED]
[§§5401 to 5410. Repealed. Pub. L. 103–89, §3(a)(1), Sept. 30, 1993, 107 Stat. 981 ]
Section 5401, added
Section 5402, added
Section 5403, added
Section 5404, added
Section 5405, added
Section 5406, added
Section 5407, added
Section 5408, added
Section 5409, added
Section 5410, added
Effective Date of Repeal
Repeal effective Nov. 1, 1993, see section 3(c) of
Treatment of Employees Covered by System as of Termination Date
Section 4 of
"(a)
"(1) the term 'employee' means an individual employed by an agency (within the meaning of
"(2) the term 'performance management and recognition system' means the performance management and recognition system under
"(3) the term 'basic pay' does not include any amount payable under section 302 [set out as a note under
"(4) the term 'pay rate', as used in clauses (iii) through (v) of subsection (c)(2)(B), is used in the same way as such term is used under
"(5) the term 'FEPCA' means the Federal Employees Pay Comparability Act of 1990 [section 529 [§§1–412] of
"(b)
"(1) which is in the same grade of the General Schedule, and the same agency, as the position which such employee occupied on October 31, 1993; and
"(2) to which the provisions of
"(c)
"(1)
"(2)
"(A)
"(i) the rate of basic pay determined under this section for an employee shall be treated as a rate of basic pay described in section 5302(8) of such title;
"(ii) the position then currently occupied by an employee who is subject to this section shall be deemed to be a 'General Schedule position' within the meaning of section 5302(9) of such title; and
"(iii) any employee who is subject to this section shall be considered to be a 'General Schedule employee' (as referred to in section 302(b) of FEPCA).
"(B)
"(i) any reference in such provisions to a 'step-increase' shall be considered to mean an increase equal to one-ninth of the difference between the minimum and maximum rates of pay for the applicable grade of the General Schedule;
"(ii) any reference in such provisions to the 'next higher rate within the grade' shall be considered to mean the rate of basic pay which exceeds such employee's then current rate of basic pay by the amount of a step-increase;
"(iii) if the employee's rate of basic pay is less than the rate for pay rate 4 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (1) of section 5335(a) of such title;
"(iv) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 4 but less than the rate for pay rate 7 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (2) of section 5335(a) of such title; and
"(v) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 7 but less than the maximum rate of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (3) of section 5335(a) of such title.
No rate of basic pay for an employee may be increased, as a result of this subparagraph (or any provision of law to which any clause of this subparagraph relates), if or to the extent that the resulting rate would exceed the maximum rate for the grade of the position occupied by such employee.
"(d)
Performance Awards for Fiscal Year 1994
Section 5(b) of
CHAPTER 55 —PAY ADMINISTRATION
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—WITHHOLDING PAY
SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT
SUBCHAPTER V—PREMIUM PAY
SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES
SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS
SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY
Amendments
1999—
1998—
1994—
1993—
1992—
1990—
1986—
1985—
1984—
1982—
1978—
1977—
1975—
1974—
1972—
1970—
1968—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
1 Section catchline amended by
SUBCHAPTER I—GENERAL PROVISIONS
§5501. Disposition of money accruing from lapsed salaries or unused appropriations for salaries
Money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States. An individual who violates this section shall be removed from the service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 5, 1882, ch. 389, §4 (297th through 316th words), Aug. 23, 1912, ch. 350, §5 (so much as relates to removal), |
In the last sentence, the word "removed" is substituted for "summarily removed" because of the provisions of the Lloyd-LaFollette Act
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 18 section 1916.
§5502. Unauthorized office; prohibition on use of funds
(a) Payment for services may not be made from the Treasury of the United States to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law.
(b) Except as otherwise provided by statute, public money and appropriations may not be used for pay or allowance for an individual employed by an official of the United States retired from active service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §1760. | |
(b) | July 1, 1898, ch. 546, §1 (3d proviso on p. 644), |
In subsection (a), the words "in the civil service or uniformed services" are substituted for "civil, military, or naval".
In subsection (b), the words "Except as otherwise provided by statute" are added in recognition of the Act of Aug. 25, 1958,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5503. Recess appointments
(a) Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply—
(1) if the vacancy arose within 30 days before the end of the session of the Senate;
(2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or
(3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.
(b) A nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1761. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5504. Biweekly pay periods; computation of pay
(a) The pay period for an employee covers two administrative workweeks. For the purpose of this subsection, "employee" means—
(1) an employee in or under an Executive agency;
(2) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under
(3) an individual employed by the government of the District of Columbia;
but does not include—
(A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
(B) an employee or individual excluded from the definition of employee in
(b) When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:
(1) To derive an hourly rate, divide the annual rate by 2,087.
(2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.
(3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and over as a whole cent. For the purpose of this subsection, "employee" means—
(A) an employee in or under an Executive agency;
(B) an employee in or under the judicial branch;
(C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under
(D) an individual employed by the government of the District of Columbia;
but does not include an employee or individual excluded from the definition of employee in
(c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1945, ch. 212, §604(b), (e) (last 27 words, as applicable to subsection (b)), July 31, 1959, |
|
(b) | June 30, 1945, ch. 212, §604(d), (e) (last 27 words, less applicability to subsection (b)), |
|
Oct. 28, 1949, ch. 782, §1203, June 20, 1958, Aug. 14, 1964, |
In subsection (a), the words "Beginning not later than October 1, 1945" are omitted as executed. Paragraphs (1) and (3) are substituted for the words "all officers and employees of the organizations referred to in subsection (a) of this section". In paragraph (A), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "The Panama Canal" and "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
In subsection (b), the exception in the last sentence is added on authority of former section 902, which is carried into section 5541.
Subsection (c) is added on authority of former section 945, which is carried into section 5548. The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1986—Subsec. (b).
1979—Subsec. (a)(A).
Subsec. (a)(B).
1978—Subsec. (a).
Subsec. (c).
Effective Date of 1986 Amendment
Section 15203(b) of
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 408(a)(1) of
Amendment by section 906(a)(2) of
Delegation of Functions
Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees in or under executive branch of government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Determination of Hourly Rate
"(1) Notwithstanding any other provision of law, effective with respect to pay periods beginning in fiscal years 1984 and 1985, and applicable in the case of an employee as defined in
"(2) Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of
"(3) The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.
"(4) Notwithstanding any other provision of this subsection, paragraph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under
[Section 2 of
Cross References
Annual leave to include only work days exclusive of Sunday and holidays, see
Exemption of certain corporations under supervision of Farm Credit Administration, see
Permanent organization in customs service with definite terms of service and compensation for employees, see
Working hours of laborers and mechanics in military departments not to exceed forty hours weekly without overtime pay, see
Section Referred to in Other Sections
This section is referred to in
§5505. Monthly pay periods; computation of pay
The pay period for an individual in the service of the United States whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern:
(1) A month's pay is one-twelfth of a year's pay.
(2) A day's pay is one-thirtieth of a month's pay.
(3) The 31st day of a calendar month is ignored in computing pay, except that one day's pay is forfeited for one day's unauthorized absence on the 31st day of a calendar month.
(4) For each day of the month elapsing before entering the service, one day's pay is deducted from the first month's pay of the individual.
This section does not apply to an employee whose pay is computed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1906, ch. 3914, §6, June 30, 1945, ch. 212, §604(c) (2d sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 2 section 142e; title 26 section 7443.
§5506. Computation of extra pay based on standard or daylight saving time
When an employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1949, ch. 538, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5507. Officer affidavit; condition to pay
An officer required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Dec. 11, 1926, ch. 4, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5508. Officer entitled to leave; effect on pay status
An officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 2, 1953, ch. 178, §1 "(c)(1) (last sentence)", |
The words "including an officer of a corporation wholly owned or controlled by the United States" are omitted as unnecessary in view of the definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5509. Appropriations
There are authorized to be appropriated sums necessary to carry out the provisions of this title.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
[Uncodified]. | June 30, 1945, ch. 212, §609, |
|
[Uncodified]. | Oct. 28, 1949, ch. 782, §1107, |
|
[Uncodified]. | Sept. 30, 1950, ch. 1123, §13, |
|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1510", |
||
[Uncodified]. | Sept. 6, 1960, |
The remainder of the authority for this section is implied from the statutes from which this title is derived.
Merit Systems Protection Board and Office of Special Counsel; Authorization of Appropriations; Restriction on Appropriations
"(a)
"(1) for each of fiscal years 1998, 1999, 2000, 2001, and 2002[,] such sums as necessary to carry out subchapter I of
"(2) for each of fiscal years 1993, 1994, 1995, 1996, and 1997, such sums as necessary to carry out subchapter II of
"(b)
[
Authorization of Appropriations
SUBCHAPTER II—WITHHOLDING PAY
Cross References
Enforcement of legal obligations to provide child support and make alimony payments, see
Subchapter Referred to in Other Sections
This subchapter is referred to in title 15 section 78d.
§5511. Withholding pay; employees removed for cause
(a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated.
(b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Feb. 24, 1931, ch. 287, |
In subsection (a), the words "From and after February 24, 1931" are omitted as executed. The word "employee" is coextensive with and substituted for "civil employee of the United States" in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5512. Withholding pay; individuals in arrears
(a) The pay of an individual in arrears to the United States shall be withheld until he has accounted for and paid into the Treasury of the United States all sums for which he is liable.
(b) When pay is withheld under subsection (a) of this section, the employing agency, on request of the individual, his agent, or his attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the individual.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1766. |
In subsection (b), reference to the "General Accounting Office" is substituted for "accounting officers of the Treasury" on authority of the Act of June 10, 1921, ch. 18, title III,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (b).
1972—Subsec. (b).
Cross References
Armed Forces, withholding pay of officers, see
Coast Guard, pay of enlisted men indebted to United States, see
Deductions from military and civilian pay for recovery of erroneous payments, see
Section Referred to in Other Sections
This section is referred to in title 37 section 1007.
§5513. Withholding pay; credit disallowed or charge raised for payment
When the General Accounting Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
May 26, 1936, ch. 452, |
The words "On and after May 26, 1936" are omitted as executed. The word "official" is substituted for "officer" and "officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service. The words "from the United States or from an agency or instrumentality thereof" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5514. Installment deduction for indebtedness to the United States
(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service employees, employees of other government corporations, and seasonal and temporary employees. The Secretary of the Treasury shall establish and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate regulations for this program. Agencies that perform centralized salary offset computer matching services under this subsection are authorized to charge a fee sufficient to cover the full cost for such services.
(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with—
(A) a minimum of thirty days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection;
(B) an opportunity to inspect and copy Government records relating to the debt;
(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or his designee, to establish a schedule for the repayment of the debt; and
(D) an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule.
A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing.
(3) Paragraph (2) shall not apply to routine intra-agency adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the four pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.
(4) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to
(5) For purposes of this subsection—
(A) "disposable pay" means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
(B) "agency" includes executive departments and agencies, the United States Postal Service, the Postal Rate Commission, the United States Senate, the United States House of Representatives, and any court, court administrative office, or instrumentality in the judicial or legislative branches of the Government, and government corporations.
(b)(1) The head of each agency shall prescribe regulations, subject to the approval of the President, to carry out this section and
(2) For purposes of
(c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and
(d) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over other deductions under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 15, 1954, ch. 509, §§1, 2, 4, |
||
In subsection (a), the words "head of the agency concerned" are substituted for "Secretary of the department concerned or the head of the agency or independent establishment concerned, or one of their designees". The words "an employee, a member of the armed forces, or a Reserve of the armed forces" are coextensive with and substituted for "an employee of the United States or any member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a reserve component thereof" in view of the definitions in sections 2101 and 2105. The words "basic compensation" are omitted as included in "basic pay".
In subsection (b), the words "head of each agency" are substituted for "Each Secretary of a department, or head of an agency or independent establishment, as appropriate". The words "Secretaries of the military departments" are substituted for "Secretaries of the Army, Navy, and Air Force" to conform to the definition of "military department" in section 102.
In subsection (c), the words "
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1) and (d), is classified generally to Title 26, Internal Revenue Code.
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(5)(B).
Subsec. (d).
1984—Subsec. (c).
1983—Subsec. (a)(3).
1982—
Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Short Title of 1982 Amendment
Section 1 of
Delegation of Functions
Authority of President under subsec. (b) of this section to approve regulations prescribed by head of each agency to carry out this section and
Improvements in Debt Collection Procedures Under 1982 Amendments as Contained in Debt Collection Act of 1982 Inapplicable to Claims or Indebtedness Under Internal Revenue Code, Social Security Act, or Tariff Laws
Section 8(e) of
Collection of Indebtedness of Employees of Federal Government Resulting From Action or Suit Brought Against Employee by United States
Section Referred to in Other Sections
This section is referred to in title 7 sections 2020, 2022; title 10 section 1055; title 16 section 470m; title 22 section 3664; title 42 sections 292r, 297b, 404.
§5515. Crediting amounts received for jury or witness service
An amount received by an employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1940, ch. 446, §3, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—
1970—
§5516. Withholding District of Columbia income taxes
(a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Mayor of the District of Columbia within 120 days of a request for agreement from the Mayor. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter II of
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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[Uncodified]. | Mar. 31, 1956, ch. 154, §11 "(k)", |
Section 2(c) "(z)" of the Act of Mar. 31, 1956,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Subchapter II of
Amendments
1979—Subsec. (a).
1976—
1968—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 1207(f)(1) of
Effective Date of 1968 Amendment
Amendment by
Cross References
Withholding of District of Columbia income taxes by Secretary of Senate, see
Withholding of District of Columbia income taxes by Clerk and Sergeant at Arms of the House of Representatives, see
Section Referred to in Other Sections
This section is referred to in
§5517. Withholding State income taxes
(a) When a State statute—
(1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and
(2) imposes the duty or grants the authority to withhold generally with respect to the pay of employees who are residents of the State;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. In the case of pay for service as a member of the armed forces, the preceding sentence shall be applied by substituting "who are residents of the State with which the agreement is made" for "whose regular place of Federal employment is within the State with which the agreement is made".
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency.
(c) For the purpose of this section, "State" means a State, territory, possession, or commonwealth of the United States.
(d) For the purpose of this section and sections 5516 and 5520, the terms "serve as a member of the armed forces" and "service as a member of the Armed Forces" include—
(1) participation in exercises or the performance of duty under
(2) participation in scheduled drills or training periods, or service on active duty for training, under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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July 17, 1952, ch. 940, §1, |
||
Sept. 23, 1959, |
||
July 17, 1952, ch. 940, §2, |
||
Sept. 23, 1959, |
In subsection (b), the words "after March 31, 1959" 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.
Amendments
1997—Subsec. (c).
1994—Subsec. (d)(2).
1987—Subsec. (d).
1976—Subsec. (a).
Subsec. (d).
Effective Date of 1997 Amendment
Section 1462(b) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1207(a)(1) of
Section 1207(f)(2) of
Executive Order No. 10407
Ex. Ord. No. 10407, Nov. 7, 1952, 17 F.R. 10132, which related to regulations governing agreements concerning withholding of state or territorial income taxes, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out as a note under
Cross References
Withholding of State income taxes by Secretary of Senate, see
Withholding of State income taxes by Clerk and Sergeant at Arms of the House of Representatives, see
Withholding of State income taxes by Architect of the Capitol, see
Section Referred to in Other Sections
This section is referred to in
§5518. Deductions for State retirement systems; National Guard employees
When—
(1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and
(2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership in a State employee retirement system or other State sponsored plan;
the Secretary of Defense, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Department of Defense shall comply with the requirements of State statute as to the individuals named by paragraph (2) of this section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authorities to receive sums withheld for the program the employee contributions for these individuals. For the purpose of this section, "State" means a State or territory or possession of the United States including the Commonwealth of Puerto Rico.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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June 15, 1956, ch. 390, Sept. 13, 1961, |
The words "individuals employed by" and the word "individuals" are substituted for "civilian employees of" and "employees", respectively, in view of the definition of "employee" in section 2105 which is limited to those employed by the Government of the United States. The word "civilian" is omitted as unnecessary as military personnel are not "employed". The words "disbursing officials" are substituted for "disbursing officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Ex. Ord. No. 10996. Withholding of Compensation for State and State-Sponsored Employee Retirement, Disability, or Death Benefits Programs
Ex. Ord. No. 10996, Feb. 16, 1962, 27 F.R. 1521, provided:
By virtue of the authority vested in me by the act of June 15, 1956, as amended,
(a) "Employees" means civilian employees of the Army National Guard or Air National Guard of a State who are employed pursuant to
(b) "State" means one of the United States, the Commonwealth of Puerto Rico, and any territory of the United States.
(a) the law of such State provides for the payment of employee contributions to such State or State-sponsored employee retirement, disability, or death benefits systems by withholding sums from the compensation of such State employees and making returns of such sums to officials of such State or organization designated by such officials to receive sums withheld for such programs;
(b) civilian employees of the Army National Guard and the Air National Guard, other than those employed by the National Guard Bureau, are eligible for membership in a State retirement, disability, or death benefits system; and
(c) each such agreement is consistent with the provisions of the said act of June 15, 1956, as amended, and of rules and regulations issued thereunder, and contains a clause that it shall be subject to any amendments of the said act, including amendments occurring after the effective date of such agreement.
(a) Provide that the Secretary of the Army with respect to civilian employees of the Army National Guard, and the Secretary of the Air Force with respect to civilian employees of the Air National Guard, shall comply with the requirements of such State law in the case of employee subject to the said act of June 15, 1956, as amended, who are eligible for membership in such retirement, disability, or death benefits system for State employees;
(b) Specify when the withholding of sums from the compensation of such State employees shall commence; and
(c) Provide for procedures for the withholding, the filing of the returns, and the payment of the sums withheld from compensation to the officials of the State, or organization designated by such officials to receive sums withheld for such programs, which procedures shall conform, so far as practicable, to the usual fiscal practices of the Department of the Army and the Department of the Air Force, respectively.
John F. Kennedy.
§5519. Crediting amounts received for certain Reserve or National Guard service
An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323(b) or (c) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.
(Added
Amendments
1996—
1992—
Section Referred to in Other Sections
This section is referred to in
§5520. Withholding of city or county income or employment taxes
(a) When a city or county ordinance—
(1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and
(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in
(b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a city or county for services performed in withholding city or county income or employment taxes from the pay of employees of the agency.
(c) For the purpose of this section—
(1) "city" means any unit of general local government which—
(A) is classified as a municipality by the Bureau of the Census, or
(B) is a town or township which, in the determination of the Secretary of the Treasury—
(i) possesses powers and performs functions comparable to those associated with municipalities,
(ii) is closely settled, and
(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census,
within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(2) "county" means any unit of local general government which is classified as a county by the Bureau of the Census and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(3) "ordinance" means an ordinance, order, resolution, or similar instrument which is duly adopted and approved by a city or county in accordance with the constitution and statutes of the State in which it is located and which has the force of law within such city or county; and
(4) "agency" means—
(A) an Executive agency;
(B) the judicial branch; and
(C) the United States Postal Service.
(Added
Amendments
1987—Subsec. (a).
1978—Subsec. (a).
1977—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (c)(1).
Effective Date of 1978 Amendment
Section 2 of
Effective Date of 1977 Amendment
Section 408(c) of
Effective Date of 1976 Amendment
Section 2 of
Effective Date
Section 3 of
Executive Order No. 11833
Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which related to the withholding of city income or employment taxes by Federal agencies, was revoked by Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25413, formerly set out below.
Executive Order No. 11863
Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25431, which related to the withholding of city income or employment taxes by Federal agencies, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out below.
Executive Order No. 11968
Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, which related to the withholding of District of Columbia, State and city income or employment taxes, was revoked by Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, set out below.
Ex. Ord. No. 11997. Withholding of District of Columbia, State, City and County Income or Employment Taxes
Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, provided:
By virtue of the authority vested in me by
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in
§5520a. Garnishment of pay
(a) For purposes of this section—
(1) "agency" means each agency of the Federal Government, including—
(A) an executive agency, except for the General Accounting Office;
(B) the United States Postal Service and the Postal Rate Commission;
(C) any agency of the judicial branch of the Government; and
(D) any agency of the legislative branch of the Government, including the General Accounting Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;
(2) "employee" means an employee of an agency (including a Member of Congress as defined under section 2106);
(3) "legal process" means any writ, order, summons, or other similar process in the nature of garnishment, that—
(A) is issued by a court of competent jurisdiction within any State, territory, or possession of the United States, or an authorized official pursuant to an order of such a court or pursuant to State or local law; and
(B) orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorney's fees, interest, or court costs; and
(4) "pay" means—
(A) basic pay, premium pay paid under subchapter V, any payment received under subchapter VI, VII, or VIII, severance and back pay paid under subchapter IX, sick pay, incentive pay, and any other compensation paid or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and
(B) does not include awards for making suggestions.
(b) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act (
(c)(1) Service of legal process to which an agency is subject under this section may be accomplished by certified or registered mail, return receipt requested, or by personal service, upon—
(A) the appropriate agent designated for receipt of such service of process pursuant to the regulations issued under this section; or
(B) the head of such agency, if no agent has been so designated.
(2) Such legal process shall be accompanied by sufficient information to permit prompt identification of the employee and the payments involved.
(d) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at his or her duty station or last-known home address.
(e) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the carrying out of any of such employee's duties which pertain directly or indirectly to the answering of any such interrogatory.
(f) Agencies affected by legal process under this section shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process.
(g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such payment is made in accordance with this section and the regulations issued to carry out this section. In determining the amount of any payment due from, or payable by, an agency to an employee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act (
(h)(1) Subject to the provisions of paragraph (2), if an agency is served under this section with more than one legal process with respect to the same payments due or payable to an employee, then such payments shall be available, subject to section 303 of the Consumer Credit Protection Act (
(2) A legal process to which an agency is subject under section 459 of the Social Security Act (
(i) The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act (
(j)(1) Regulations implementing the provisions of this section shall be promulgated—
(A) by the President or his designee for each executive agency, except with regard to employees of the United States Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations;
(B) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, for the legislative branch of the Government; and
(C) by the Chief Justice of the United States or his designee for the judicial branch of the Government.
(2) Such regulations shall provide that an agency's administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.
(k)(1) No later than 180 days after the date of the enactment of this Act, the Secretaries of the Executive departments concerned shall promulgate regulations to carry out the purposes of this section with regard to members of the uniformed services.
(2) Such regulations shall include provisions for—
(A) the involuntary allotment of the pay of a member of the uniformed services for indebtedness owed a third party as determined by the final judgment of a court of competent jurisdiction, and as further determined by competent military or executive authority, as appropriate, to be in compliance with the procedural requirements of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.); and
(B) consideration for the absence of a member of the uniformed service from an appearance in a judicial proceeding resulting from the exigencies of military duty.
(3) The Secretaries of the Executive departments concerned shall promulgate regulations under this subsection that are, as far as practicable, uniform for all of the uniformed services. The Secretary of Defense shall consult with the Secretary of Transportation with regard to the promulgation of such regulations that might affect members of the Coast Guard when the Coast Guard is operating as a service in the Navy.
(Added
References in Text
The date of the enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of
The Soldiers' and Sailors' Relief Act of 1940, referred to in subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888,
Amendments
1997—Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
1996—Subsecs. (h)(2), (i).
Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
Effective Date of 1996 Amendment
Amendment by
For provisions relating to effective date of title III of
Effective Date; Savings Provision
Section effective 120 days after Oct. 6, 1993, and not to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if
Pilot Program on Alternative Notice of Receipt of Legal Process for Garnishment of Federal Pay for Child Support and Alimony
"(a)
"(b)
"(c)
"(2) Under the pilot program, whenever the Secretary of Defense (acting through the DOD section 5520a agent) provides a section 5520a notice to an individual, the Secretary may include as part of that notice the information specified in subsection (e) in lieu of sending with that notice a copy (otherwise required pursuant to the second parenthetical phrase in
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
"(1) A description of the pertinent court order, notice to withhold, or other order, process, or interrogatory received by the DOD section 459 agent or the DOD section 5520a agent.
"(2) The identity of the court or judicial forum involved and (in the case of a notice or process concerning the ordering of a support or alimony obligation) the case number, the amount of the obligation, and the name of the beneficiary.
"(3) Information on how the individual may obtain from the Department of Defense a copy of the notice, service, or legal process, including an address and telephone number that the individual may be contacted for the purpose of obtaining such a copy.
"(f)
"(g)
"(1) The number of section 459 notices provided by the DOD section 459 agent during the period the authority provided by this section was in effect.
"(2) The number of individuals who requested the DOD section 459 agent to provide to them a copy of the actual notice or service.
"(3) Any complaint the Secretary received by reason of not having provided the actual notice or service in the section 459 notice.
"(4) The number of section 5520a notices provided by the DOD section 5520a agent during the period the authority provided by this section was in effect.
"(5) The number of individuals who requested the DOD section 5520a agent to provide to them a copy of the actual legal process.
"(6) Any complaint the Secretary received by reason of not having provided the actual legal process in the section 5520a notice."
Ex. Ord. No. 12897. Garnishment of Federal Employees' Pay
Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in title 22 sections 3612a, 3664; title 39 section 410.
SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5521. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) the judicial branch;
(C) the Library of Congress;
(D) the Government Printing Office; and
(E) the government of the District of Columbia;
(2) "employee" means an individual employed in or under an agency;
(3) "head of each agency" means—
(A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and
(B) the Mayor of the District of Columbia with respect to the government of the District of Columbia; and
(4) "United States", when used in a geographical sense, means the several States and the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, June 24, 1965, |
In paragraph (1), the word "agency" is substituted for "department". The term "Executive agency" is substituted for the reference to "each executive department of the Government of the United States of America; each agency or independent establishment in the executive branch of such Government; each corporation wholly owned or controlled by such Government" in former section 3071(1)(A)–(C).
Paragraph (2) is added for clarity and in view of the fact that the definition of "employee" in section 2105 does not include individuals employed by the government of the District of Columbia.
In paragraph (3), the term "department head" is omitted as unnecessary.
In paragraph (4), the words "of the United States of America" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Par. (3)(B).
1968—Par. (3)(B).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
§5522. Advance payments; rates; amounts recoverable
(a) The head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is officially authorized or ordered—
(1) from a place outside the United States from which the Secretary of State determines it is in the national interest to require the departure of some or all employees, their dependents, or both; or
(2) from any place where there is imminent danger to the life of the employee or the lives of the dependents or immediate family of the employee.
(b) Subject to adjustment of the account of an employee under
(c) An advance of funds under subsection (a) of this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or his estate by—
(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a right of recovery of an advance of funds under subsection (a) of this section, if it is shown that the recovery would be against equity and good conscience or against the public interest.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—Subsec. (a).
Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5523. Duration of payments; rates; active service period
(a) The head of each agency may provide for—
(1) the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of the employee's dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and
(2) the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States.
(b) Subject to adjustment of the account of an employee under
(c) Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—Subsec. (a)(1).
"(A) whose departure is authorized or ordered under
"(B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the position which he held immediately before issuance of the departure order; and".
1980—Subsec. (a)(1).
Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5524. Review of accounts
The head of each agency shall provide for—
(1) the review of the account of each employee of the agency in receipt of payments under
(2) the adjustment of the amounts of the payments on the basis of—
(A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and
(B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5524a. Advance payments for new appointees
(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency.
(b)(1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed.
(2) The head of each agency shall provide for—
(A) the review of the account of each employee of the agency in receipt of any payment under this section; and
(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee's appointment during each period in the position to which appointed.
(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee's estate by—
(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§5525. Allotment and assignment of pay
The head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assignments of amounts out of his pay for such purpose as the head of the agency considers appropriate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5526. Funds available on reimbursable basis
Funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay, allowances, and differentials to or for the accounts of employees of another agency under this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Sept. 26, 1961, |
The word "civilian" is omitted as unnecessary in view of the definition of "employee" in section 5521(2), and the fact that military personnel are not "employed".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5527. Regulations
(a) To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter.
(b) The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter.
(c) The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
In subsection (b), the last sentence of former section 3076, which provided for the issuance of the regulations not later than December 25, 1961, and the effective date of the regulations as not later than March 25, 1962, is 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.
Amendments
1968—Subsec. (b).
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
Ex. Ord. No. 10982. Administration of Provisions of Chapter
Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, provided:
By virtue of the authority vested in me by the act of September 26, 1961 (
(a) The term "the act" means the act of September 26, 1961 (
(b) The term "Federal agency" means any executive department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any corporation wholly owned or controlled by the Government.
(c) The term "foreign area" means any area (including the Trust Territory of the Pacific Islands) situated outside (1) the United States (including the District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal Zone, and (4) any territory or possession of the United States.
(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of
(a) To the maximum extent practicable, the Secretary of State, the Office of Personnel Management, and the heads of other Federal agencies shall exercise their authority under the act and this order so that employees of different Federal agencies evacuated from the same geographic area under the same general circumstances may be treated uniformly.
(b) Advance payments of compensation, allowances, and differentials, as authorized by section 2 of the act [
(c) It is hereby determined to be in the interest of the United States that payments of monetary amounts as authorized by section 3 of the act [
(b) In order to coordinate the policies and procedures of the executive branch of the Government, all regulations of any Federal agency prepared for issuance under the provisions of section 6(c) of the act [
SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT
§5531. Definitions
For the purpose of sections 5532 1 and 5533 of this title—
(1) "member" has the meaning given such term by
(2) "position" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation and a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;
(3) "retired or retainer pay" means retired pay, as defined in
(4) "agency in the legislative branch" means the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, and the Congressional Budget Office;
(5) "employee of the House of Representatives" means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;
(6) "employee of the Senate" means a congressional employee whose pay is disbursed by the Secretary of the Senate; and
(7) "congressional employee" has the meaning given that term by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 19, 1964, |
In paragraph (2), the defined word "position" is substituted for "civilian office." The words "Government corporation" are substituted for "corporation owned or controlled by such Government" in view of the definition in section 103.
The definitions of "uniformed services" and "armed forces" are omitted as unnecessary in view of the definitions in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Par. (5).
1991—Pars. (4) to (7).
1978—
Effective Date of 1978 Amendment
Amendment by
Dual Pay Requirements for Pay Periods Subsequent to Enactment of Civil Service Act of 1978
"(1) Except as provided in paragraph (2) of this subsection, the amendments made by this section [amending this section and
"(2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act [Oct. 13, 1978] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement.
"(3) The provisions of
Cross References
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
[§5532. Repealed. Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 651(c) of
§5533. Dual pay from more than one position; limitations; exceptions
(a) Except as provided by subsections (b), (c), and (d) of this section, an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday).
(b) Except as otherwise provided by subsection (c) of this section, the Office of Personnel Management, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained.
(c)(1) Unless otherwise authorized by law and except as otherwise provided by paragraph (2) or (4) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position if the pay of one of the positions is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, or one of the positions is under the Office of the Architect of the Capitol, and if the aggregate gross pay from the positions exceeds $7,724 a year ($10,540, in the case of pay disbursed by the Secretary of the Senate).
(2) Notwithstanding paragraph (1) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position, for each of which the pay is disbursed by the Chief Administrative Officer of the House of Representatives, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of the clerk hire allowance of a Member of the House.
(3) For the purposes of this subsection, "gross pay" means the annual rate of pay (or equivalent thereof in the case of an individual paid on other than an annual basis) received by an individual.
(4) Paragraph (1) of this subsection does not apply to pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same day.
(d) Subsection (a) of this section does not apply to—
(1) pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day;
(2) pay consisting of fees paid on other than a time basis;
(3) pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;
(4) pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his normal duties when the Authority considers it to be in the interest of efficiency and economy;
(5) pay received by an individual holding a position—
(A) the pay of which is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; or
(B) under the Architect of the Capitol;
(6) pay paid by the United States Coast Guard to an employee occupying a part-time position of lamplighter; and
(7) pay within the purview of any of the following statutes:
(A)
(B)
(C)
(D)
(E)
(F)
[(G) Repealed.
(e)(1) This section does not apply to an individual employed under
(2) Subsection (c) of this section does not apply to pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 19, 1964, |
In subsection (a), the words "an individual" are substituted for "civilian personnel".
In subsection (b), the words "and issue" are omitted as surplusage.
In subsection (c), the words "appropriated funds are not" are substituted for "no funds appropriated by any Act shall be". The words "$2,000 a year" are substituted for "the sum of $2,000 per annum".
In subsection (d)(7)(D), reference to "
In subsection (d)(7)(H), the words "of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Subsecs. (c)(1), (2), (d)(5)(A).
1979—Subsec. (d)(7).
1978—Subsec. (b).
1976—Subsec. (c)(1).
1975—Subsec. (d)(7).
1973—Subsec. (c)(1), (4).
Subsec. (e).
1970—Subsec. (c)(1).
"(A) the pay of one or more of the positions is fixed at a single gross per annum rate, and the aggregate gross pay from the positions exceeds $6,256 a year, or
"(B) the pay of each such position is fixed at a basic rate plus additional compensation authorized by law, and the aggregate basic pay of the positions exceeds $2,000 a year".
Subsec. (c)(2).
Subsec. (c)(3).
1967—Subsec. (c).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendments
Amendment by
Amendment by
Increase in Compensation of Individuals Whose Pay is Disbursed by Secretary of Senate
2000—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2000, to the figure "$25,362", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 12, 1999, set out as a note under
1999—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1999, to the figure "$24,433", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1998, formerly set out as a note under
1998—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1998, to the figure "$23,698", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1997, formerly set out as a note under
1997—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1997, to the figure "$23,165", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1996, formerly set out as a note under
1995—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1995, to the figure "$22,200", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 28, 1994, formerly set out as a note under
1993—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1993, to the figure "$21,764", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, formerly set out as a note under
1992—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1992, to the figure "$20,987", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under
1991—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1991, to the figure "$20,141", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under
1990—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1990, to the figure "$19,347", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under
1989—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1989, to the figure "$18,674", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under
1988—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1988, to the figure "$17,938", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under
1987—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1987, to the figure "$17,586", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under
1985—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1985, to the figure "$17,073", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under
1984—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1984, to the figure "$16,495", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under
1982—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1982, to the figure "$15,860", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under
1980—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1980, to the figure "$14,551", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under
1979—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1979, to the figure "$13,337", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under
1978—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1978, to the figure "$12,480", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under
1977—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1977, to the figure "$11,830", see section 9 of Salary Directive of President pro tempore of the Senate, Sept. 27, 1977, formerly set out as a note under
1976—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1976, to the figure "$11,050", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under
1973—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1973, to the figure "9,080", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under
1972—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1972, to the figure "8,637", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under
1971—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Feb. 1, 1971, to the figure "8,187", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under
1970—Adjustment by President pro tempore of the Senate with respect to Senate, by Finance Clerk of House with respect to House of Representatives, and by Architect of Capitol with respect to Office of Architect of Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of rates of pay of employees of legislative branch subject to section 214 of
1969—The figure "6,662" in subsection (c)(1)(A) of this section, as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure "7,287", see section 4(d) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under
1968—The figure "6,256" in subsection (c)(1)(A) of this section deemed to refer, on and after July 1, 1968, to the figure "6,622", see section 1(i) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under
Cross References
Authority of Committee on House Oversight of House of Representatives to combine House Clerk Hire Allowance into Members' Representational Allowance, see
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in
§5534. Dual employment and pay of Reserves and National Guardsmen
A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 10, 1956, ch. 1041, §29(c) (1st sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 3664.
§5534a. Dual employment and pay during terminal leave from uniformed services
A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave.
(Added
Historical and Revision Notes
This section amends
At the time of enactment of the act of November 21, 1945, there was no authority to make lump-sum leave payments to members of the uniformed services who were being separated from or released from active duty in the uniformed services. Accordingly, they were placed on terminal leave until the expiration of the unused portion of their accumulated and current accrued leave, and only then separated or released. The act of November 21, 1945, in part, authorized the employment of these members during terminal leave and provided they were entitled to receive, in addition to the payment from the employment, military pay and allowances for the unexpired portion of the terminal leave. The Armed Forces Leave Act of 1946 authorized lump-sum leave payments of unused accumulated and current accrued leave. Generally, thereafter, members of the uniformed services were not placed on terminal leave, but were separated and paid a lump-sum leave payment. However, in certain instances a member may be placed on terminal leave. Such a case was considered recently by the Comptroller General of the United States (see B–157500, Oct. 13, 1965, 45 Comp. Gen. 180. In view of the foregoing, it is concluded that subsection (a) of former
In section 5534a, the words "A member of a uniformed service who has performed active service" are substituted for "Any person, who, shall have performed active service in the Armed Forces" to conform to the style of title 5 and the definition of "uniformed services" in
Effective Date
Section effective Sept. 6, 1966, for all purposes, see section 9(h) of
Section Referred to in Other Sections
This section is referred to in title 22 section 3664.
§5535. Extra pay for details prohibited
(a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by
(b) An employee may not receive—
(1) additional pay or allowances for performing the duties of another employee; or
(2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment.
This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §182. | |
(b) | R.S. §1764 (1st 34 words). | |
Aug. 1, 1914, ch. 223, §12, |
Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
In subsection (a), the words "regular office" are coextensive with and substituted for "proper office".
In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word "employee" is coextensive with and substituted for "officer or clerk", "officer or clerk in the same or any other department", and "person employed in the service of the United States". The words "under any general or lump-sum appropriation" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in title 22 sections 3664, 3971; title 39 section 1001.
§5536. Extra pay for extra services prohibited
An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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R.S. §170. | ||
R.S. §1764 (less 1st 34 words). | ||
R.S. §1765. | ||
June 20, 1874, ch. 328, §3, |
||
Sept. 3, 1954, ch. 1263, §7, |
Sections are consolidated as R.S. §1765 includes the scope of R.S. §170, R.S. §1764, and the Act of June 20, 1874, as amended. So much of R.S. §1764 as relates to details is covered by section 5535.
R.S. §170 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Allowance of living quarters, including heat, fuel, and light, to employees having permanent stations in a foreign country, see
Authorization and payment of benefits to employees detailed to international organizations deemed to comply with this section, see
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Dual employment and extra duties imposed by Postmaster General, compensation without regard to this section, see
Peace Corps program, benefits of personnel detailed to foreign governments or international organizations as meeting requirements of this section, see
Section Referred to in Other Sections
This section is referred to in
§5537. Fees for jury and witness service
(a) An employee as defined by
(1) as a juror in a court of the United States or the District of Columbia; or
(2) as a witness on behalf of the United States or the District of Columbia.
(b) An official of a court of the United States or the District of Columbia may not receive witness fees for attendance before a court, commissioner, or magistrate where he is officiating.
(c) For the purpose of this section, "court of the United States" has the meaning given it by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1940, ch. 446, §2, |
The words "fees for jury service" are coextensive with and substituted for "compensation for such service".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Subsec. (c).
1970—
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
SUBCHAPTER V—PREMIUM PAY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5541. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) an agency in the judicial branch;
(D) the Library of Congress;
(E) the Botanic Garden;
(F) the Office of the Architect of the Capitol; and
(G) the government of the District of Columbia;
(2) "employee" means—
(A) an employee in or under an Executive agency;
(B) an individual employed by the government of the District of Columbia; and
(C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to
but does not include—
(i) a justice or judge of the United States;
(ii) the head of an agency other than the government of the District of Columbia;
(iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under
(iv) a member of—
(I) the Metropolitan Police or the Fire Department of the District of Columbia; or
(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 1 5545(a) and 5546;
(v) a student-employee as defined by
[(vi) Repealed.
(vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed;
(viii) an employee of the Tennessee Valley Authority;
(ix) an individual to whom
(x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives;
(xi) an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of
(xii) an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Environmental Science Services Administration, or a vessel employee of the Department of the Interior;
(xiii) a "teacher" or an individual holding a "teaching position" as defined by
(xiv) a Foreign Service officer;
(xv) a member of the Senior Foreign Service;
(xvi) member of the Senior Executive Service; or
(xvii) a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(3) "law enforcement officer" means an employee who—
(A) is a law enforcement officer within the meaning of section 8331(20) or 8401(17);
(B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of
(C) in the case of an employee who holds a supervisory or administrative position and is subject to
(D) in the case of an employee who is not subject to subchapter III of
(i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of
(ii) is a special agent in the Diplomatic Security Service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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June 30, 1945, ch. 212 §101(a), (d), (e), |
||
Sept. 1, 1954, ch. 1208, §202(a), |
||
June 30, 1945, ch. 212, §102 (less clause (1) and last sentence of (a)), |
||
Aug. 4, 1947, ch. 452, §1, |
||
Aug. 18, 1959, |
||
July 17, 1959, |
The section is revised as a definition section. The provisions of former section 901(d) are omitted as unnecessary because the sections referred to state their application and there is no need to restate the application here.
In paragraph (1), the terms "Executive agency" and "military department" are substituted for the references in former section 901(a) and (e) to the executive branch, including Government-owned or controlled corporations, and the General Accounting Office in view of the definitions in sections 105 and 102.
In paragraph (2)(iii), the words "
In paragraph (2)(iv), the provisions of former section 902(a)(5) and (b)(6) are combined.
In paragraph (2)(v), the words "student-employee as defined by
In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), the reference to former section 947 is omitted as that section was repealed by the Act of Sept. 12, 1950, ch. 946, §301(85),
In paragraph (2)(xii), the reference to former section 946 is omitted as unnecessary since that section is not carried into this subchapter. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 2, 1950, ch. 1049, §2(a)(2),
In paragraph (2)(xiii), the words "as defined by
The exception for officers and employees of the Inland Waterways Corporation in former section 902(b)(3) is omitted on authority of the Act of July 19, 1963,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Par. (2)(xii).
1992—Par. (3).
1990—Par. (2)(iv).
1988—Par. (2)(xvii).
1980—Par. (2)(xiv).
Par. (2)(xv).
1979—Par. (2)(xii).
1978—Par. (2)(xvi).
Par. (2)(xv).
1977—Par. (2)(xiv), (xv).
1975—Par. (2)(iv).
1972—Par. (2)(xi).
1970—Par. (2)(vi).
1967—Par. (2)(xii).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 529 [title IV, §411(b)] of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Section 204(b)(5)(B) of
Effective Date of 1977 Amendment
Section 412(a)(2) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Short Title of 1994 Amendment
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Sense of Congress Relating to Law Enforcement Officer Provisions
Section 2(40)(D) of
"(i) the provisions of
"(I) are enacted only for the purposes of pay and not for the purposes of retirement;
"(II) do not reflect any intent of the Congress to change retirement eligibility standards for law enforcement officers; and
"(ii) law enforcement officers in primary positions have different retirement eligibility standards than employees in supervisory or administrative positions because of the different requirements in their responsibilities."
Payment of Bonuses for Foreign Language Capabilities
"(a)
"(b)
Cross References
Pay of Federal judges, see
Pay of officers and employees of the Tennessee Valley Authority, see
Pay of United States Secret Service Uniformed Division, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "sections".
§5542. Overtime rates; computation
(a) For full-time, part-time and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates:
(1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.
(2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), and all that amount is premium pay.
(3) Notwithstanding paragraphs (1) and (2) of this subsection for an employee of the Department of Transportation who occupies a nonmanagerial position in GS–14 or under and, as determined by the Secretary of Transportation,
(A) the duties of which are critical to the immediate daily operation of the air traffic control system, directly affect aviation safety, and involve physical or mental strain or hardship;
(B) in which overtime work is therefore unusually taxing; and
(C) in which operating requirements cannot be met without substantial overtime work;
the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.
(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer, and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of—
(A) one and one-half times the minimum hourly rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the hourly rate of basic pay of the employee,
and all that amount is premium pay.
(b) For the purpose of this subchapter—
(1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him, or for which he is required to return to his place of employment, is deemed at least 2 hours in duration; and
(2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless—
(A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or
(B) the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively, including travel by an employee to such an event and the return of such employee from such event to his or her official-duty station.
(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor 1 Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(d) In applying subsection (a) of this section with respect to any criminal investigator who is paid availability pay under section 5545a—
(1) such investigator shall be compensated under such subsection (a), at the rates there provided, for overtime work which is scheduled in advance of the administrative workweek—
(A) in excess of 10 hours on a day during such investigator's basic 40 hour workweek; or
(B) on a day outside such investigator's basic 40 hour workweek; and
(2) such investigator shall be compensated for all other overtime work under section 5545a.
(e) Notwithstanding subsection (d)(1) of this section, all hours of overtime work scheduled in advance of the administrative workweek shall be compensated under subsection (a) if that work involves duties as authorized by
(f) In applying subsection (a) of this section with respect to a firefighter who is subject to section 5545b—
(1) such subsection shall be deemed to apply to hours of work officially ordered or approved in excess of 106 hours in a biweekly pay period, or, if the agency establishes a weekly basis for overtime pay computation, in excess of 53 hours in an administrative workweek; and
(2) the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay under section 5545b(b)(1)(A) or (c)(1)(B), as applicable, and such overtime hourly rate of pay may not be less than such hourly rate of basic pay in applying the limitation on the overtime rate provided in paragraph (2) of such subsection (a).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1945, ch. 212, §201, |
|
(b) | Sept. 1, 1954, ch. 1208, §205(b), |
In subsection (a)(1), and (2), the word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (b), former sections 912a and 912b are combined and restated.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5542(a) | 5 App.: 911. | July 18, 1966, |
The words "of the Classification Act of 1949, as amended" are omitted as unnecessary.
References in Text
GS–10 and GS–14, referred to in subsec. (a), are contained in the General Schedule which is set out under
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsec. (c), is classified to
Section 37(a)(3) of the State Department Basic Authorities Act of 1956, referred to in subsec. (e), is classified to
Amendments
1998—Subsec. (e).
Subsec. (f).
1995—Subsec. (e).
1994—Subsec. (d).
1992—Subsec. (a)(4).
Subsec. (c).
1990—Subsec. (a).
Subsec. (a)(4).
Subsec. (c).
1984—Subsec. (b)(2)(B)(iv).
1971—Subsec. (a).
1968—Subsec. (a)(3).
1967—Subsec. (b)(2)(B).
Effective Date of 1998 Amendment
"(1) which begins on or after the 90th day following the date of the enactment of this Act [Oct. 21, 1998]; and
"(2) on which date all regulations necessary to carry out such amendments are (in the judgment of the Director of the Office of Personnel Management and the Secretary of State) in effect." [Jan. 29, 1999, see 64 F.R. 4517.]
Amendment by section 101(h) [title VI, §628(a)(1)] of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 529 [title I, §101(b)(3)(E), title II, §210(1)] of
Effective Date of 1968 Amendment
Section 3 of
Effective Date of 1967 Amendment
Section 220(a)(4) of title II of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§5543. Compensatory time off
(a) The head of an agency may—
(1) on request of an employee, grant the employee compensatory time off from his scheduled tour of duty instead of payment under section 5542 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work; and
(2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under
(b) The head of an agency may, on request of an employee, grant the employee compensatory time off from the employee's scheduled tour of duty instead of payment under section 5544 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work. An agency head may not require an employee to be compensated for overtime work with an equivalent amount of compensatory time-off from the employee's tour of duty.
(c) The Architect of the Capitol may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §202, |
In subsection (a), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia, or the head of any legislative or judicial agency to which this subchapter applies" because of the definition of "agency" and the application stated in section 5541.
In subsection (a)(1), the word "officer" is omitted as included in "employee".
In subsection (a)(2), the words "at his own discretion" are omitted as unnecessary in view of the permissive nature of the authority. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (b), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The words "overtime work" are substituted for "any work in excess of forty hours in any regularly scheduled administrative workweek" because of the definition of "overtime work" in section 5542(a).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5543(a)(2) | 5 App.: 912. | July 18, 1966, |
References in Text
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1) and (b), is classified to
GS–10, referred to in subsec. (a)(2), is contained in the General Schedule which is set out under
Amendments
1996—Subsecs. (b), (c).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5544. Wage-board overtime and Sunday rates; computation
(a) An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under
(1) If the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half.
(2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
(3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday. Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively. The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to
(c) The provisions of this section, including the last two sentences of subsection (a) and the provisions of section 5543(b), shall apply to a prevailing rate employee described in section 5342(a)(2)(B).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Mar. 28, 1934, ch. 102, §23 (proviso), |
|
Aug. 13, 1962, |
||
June 30, 1945, ch. 212, §203, |
||
(b) | June 30, 1945, ch. 212, §503 (as applicable to §23 of the Act of Mar. 28, 1934, ch. 102, |
In subsection (a), former sections 673c (2d proviso) and 913 are combined and restated for clarity and conciseness. The last 28 words of section 205(a) of the Act of Sept. 1, 1954,
Subsection (b) is restated to conform to subsection (a). In former section 933, the words "Classification Act of 1949" were substituted for "Classification Act of 1923" on authority of section 1106(a) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5544(a) | 5 App.: 673c (last proviso of 1st par.). | July 18, 1966, |
The words "a part of which is on Sunday" are coextensive with and substituted for "any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday." The words "is entitled to additional pay" are coextensive with and substituted for "shall be paid extra compensation."
References in Text
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsec. (a), is classified to
Amendments
1998—Subsec. (a).
1996—Subsec. (c).
1992—Subsec. (a).
Subsec. (a)(2), (3).
Subsec. (c).
1990—Subsec. (a).
1972—Subsec. (a).
1967—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Canal Zone Employees
Section 17(3) of
Section Referred to in Other Sections
This section is referred to in
§5545. Night, standby, irregular, and hazardous duty differential
(a) Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and includes—
(1) periods of absence with pay during these hours due to holidays; and
(2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours.
Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify
(b) The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of nightwork for the purpose of subsection (a) of this section, at a post outside the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section.
(c) The head of an agency, with the approval of the Office of Personnel Management, may provide that—
(1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) (or, for a position described in
(2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require the employee to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is an appropriate percentage, not less than 10 percent nor more than 25 percent, of the rate of basic pay for the position, as determined by taking into consideration the frequency and duration of irregular, unscheduled overtime duty required in the position.
(d) The Office shall establish a schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard. Under such regulations as the Office may prescribe, and for such minimum periods as it determines appropriate, an employee to whom
(1) does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof, except in such circumstances as the Office may by regulation prescribe; and
(2) may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | June 30, 1945, ch. 212, §301, |
|
(c) | Sept. 1, 1954, ch. 1208, §208(a), July 18, 1958, |
In subsection (b), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations" because of the definition of "agency" and the application stated in section 5541. The words "the United States" are substituted for "the several States and the District of Columbia".
In subsection (c), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia" because of the definition of "agency" and the application stated in section 5541. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5545(c) | 5 App.: 926. | July 18, 1966, |
5545(d) | 5 App.: 1134. | July 19, 1966, |
In the second sentence of subsection (d), the words "Under such regulations as the Commission may prescribe, and for such minimum periods as it determines appropriate" are substituted for clauses (3) and (4) of the third sentence of 5 App. U.S.C. 1134. That requirement in clause (4) that the Commission prescribe regulations is codified in
In subsection (d)(1), the words "does not apply to an employee" are substituted for "shall not be applicable with respect to any officer or employee."
In subsection (d)(2), the words "may not . . . applicable to the employee" are substituted for "shall not . . . applicable with respect to such officer or employee".
References in Text
GS–10, referred to in subsec. (c)(1), is contained in the General Schedule which is set out under
Amendments
1992—Subsec. (d).
1990—Subsec. (c)(1).
Subsec. (d).
1989—Subsec. (c)(2).
1982—Subsec. (a).
1979—Subsec. (c)(2).
1978—Subsecs. (c), (d).
1975—
1970—Subsec. (c)(2).
1968—Subsec. (c)(1).
1967—Subsec. (e)(2).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 1(b) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5545a. Availability pay for criminal investigators
(a) For purposes of this section—
(1) the term "available" refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency;
(2) the term "criminal investigator" means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of
(A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues;
(B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings;
(C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court;
(D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention);
(E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including—
(i) knowledge of the elements of a crime;
(ii) evidence required to prove the crime;
(iii) decisions involving arrest authority;
(iv) methods of criminal operations; and
(v) availability of detection devices; and
(F) possess the ability to follow leads that indicate a crime will be committed rather than initiate an investigation after a crime is committed;
(3) the term "unscheduled duty" means hours of duty a criminal investigator works, or is determined to be available for work, that are not—
(A) part of the 40 hours in the basic work week of the investigator; or
(B) overtime hours paid under section 5542; and
(4) the term "regular work day" means each day in the investigator's basic work week during which the investigator works at least 4 hours that are not overtime hours paid under section 5542 or hours considered part of section 5545a.
(b) The purpose of this section is to provide premium pay to criminal investigators to ensure the availability of criminal investigators for unscheduled duty in excess of a 40 hour work week based on the needs of the employing agency.
(c) Each criminal investigator shall be paid availability pay as provided under this section. Availability pay shall be paid to ensure the availability of the investigator for unscheduled duty. The investigator is generally responsible for recognizing, without supervision, circumstances which require the investigator to be on duty or be available for unscheduled duty based on the needs of the agency. Availability pay provided to a criminal investigator for such unscheduled duty shall be paid instead of premium pay provided by other provisions of this subchapter, except premium pay for regularly scheduled overtime work as provided under section 5542, night duty, Sunday duty, and holiday duty.
(d)(1) A criminal investigator shall be paid availability pay, if the average of hours described under paragraph (2)(A) and (B) is equal to or greater than 2 hours.
(2) The hours referred to under paragraph (1) are—
(A) the annual average of unscheduled duty hours worked by the investigator in excess of each regular work day; and
(B) the annual average of unscheduled duty hours such investigator is available to work on each regular work day upon request of the employing agency.
(3) Unscheduled duty hours which are worked by an investigator on days that are not regular work days shall be considered in the calculation of the annual average of unscheduled duty hours worked or available for purposes of certification.
(4) An investigator shall be considered to be available when the investigator cannot reasonably and generally be accessible due to a status or assignment which is the result of an agency direction, order, or approval as provided under subsection (f)(1).
(e)(1) Each criminal investigator receiving availability pay under this section and the appropriate supervisory officer, to be designated by the head of the agency, shall make an annual certification to the head of the agency that the investigator has met, and is expected to meet, the requirements of subsection (d). The head of a law enforcement agency may prescribe regulations necessary to administer this subsection.
(2) Involuntary reduction in pay resulting from a denial of certification under paragraph (1) shall be a reduction in pay for purposes of
(f)(1) A criminal investigator who is eligible for availability pay shall receive such pay during any period such investigator is—
(A) attending agency sanctioned training;
(B) on agency approved sick leave or annual leave;
(C) on agency ordered travel status; or
(D) on excused absence with pay for relocation purposes.
(2) Notwithstanding paragraph (1)(A), agencies or departments may provide availability pay to investigators during training which is considered initial, basic training usually provided in the first year of service.
(3) Agencies or departments may provide availability pay to investigators when on excused absence with pay, except as provided in paragraph (1)(D).
(g) Section 5545(c) shall not apply to any criminal investigator who is paid availability pay under this section.
(h) Availability pay under this section shall be—
(1) 25 percent of the rate of basic pay for the position; and
(2) treated as part of the basic pay for purposes of—
(A) sections 5595(c), 8114(e), 8331(3), and 8704(c); and
(B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.
(i) The provisions of subsections (a)–(h) providing for availability pay shall apply to a pilot employed by the United States Customs Service who is a law enforcement officer as defined under section 5541(3). For the purpose of this section,
(j) Notwithstanding any other provision of this section, any Office of Inspector General which employs fewer than 5 criminal investigators may elect not to cover such criminal investigators under this section.
(k)(1) For purposes of this section, the term "criminal investigator" includes a special agent occupying a position under title II of
(A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and
(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof.
(2) In applying subsection (h) with respect to a special agent under this subsection—
(A) any reference in such subsection to "basic pay" shall be considered to include amounts designated as "salary";
(B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and
(C) paragraph (2)(B) of such subsection shall be applied by substituting for "Office of Personnel Management" the following: "Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)".
(Added
References in Text
Title II of
Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980, referred to in subsec. (k)(2)(B), are classified to sections 4009(b)(1), 4045, 4046, and 4071e, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1998—Subsec. (a)(2).
Subsec. (k).
1996—Subsec. (h)(2)(A).
1995—Subsec. (a)(2).
Subsec. (a)(2)(E)(v).
Subsec. (i).
Subsec. (j).
Effective Date of 1998 Amendment
For effective date of amendment by
Effective Date of 1996 Amendment
Section 101(f) [title VI, §659 [title II, §207]] of
Effective Date of 1995 Amendment
Section 902(b) of
Effective Date
Section 633(e) of
"(1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administratively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 25 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators.
"(2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administratively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay compensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995."
Implementation
Certification of Criminal Investigators
Section 633(f) of
Section Referred to in Other Sections
This section is referred to in
§5545b. Pay for firefighters
(a) This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS–081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, consists of regular tours of duty which average at least 106 hours per biweekly pay period.
(b)(1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—
(A) paragraph (1) of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and
(B) the computation of such firefighter's daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A);
(2) For the purpose of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighter's basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighter's regular tour of duty (including overtime hours).
(c)(1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—
(A) the provisions of such section shall apply to the hours within the basic 40-hour workweek;
(B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and
(C) the computation of such firefighter's daily, weekly, or biweekly rate shall be based on subparagraphs (A) and (B), as each applies to the hours involved.
(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include—
(A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and
(B) an amount equal to the firefighter's basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighter's regular tour of duty (including overtime hours).
(d)(1) A firefighter who is subject to this section shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this subchapter.
(2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a firefighter who is subject to this section, no violation referred to in such section 7(k) shall be deemed to have occurred if the requirements of section 5542(a) are met, applying section 5542(a) as provided in subsection (f) of that section: Provided, That the overtime hourly rate of pay for such firefighter shall in all cases be an amount equal to one and one-half times the firefighter's hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.
(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters' biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.
(Added
References in Text
Section 7(k) of the Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is classified to
Effective Date
Section effective on first day of first applicable pay period which begins on or after Oct. 1, 1998, see section 101(h) [title VI, §628(e)] of
Regulations
Eligibility for Pay Increase
"(a) The treatment provided to firefighters under section 628(f) of the Treasury and General Government Appropriations Act, 1999 (as included in section 101(h) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (
"(1) on the effective date of
"(A) was subject to such section; and
"(B) had a regular tour of duty that averaged more than 60 hours per week; and
"(2) before December 31, 1999, is involuntarily moved without a break in service from the regular tour of duty under paragraph (1) to a regular tour of duty that—
"(A) averages 60 hours or less per week; and
"(B) does not include a basic 40-hour workweek.
"(b) Subsection (a) shall apply to firefighters described under that subsection as of the effective date of
"(c) The Office of Personnel Management may prescribe regulations necessary to implement this section."
No Reduction in Regular Pay
Section Referred to in Other Sections
This section is referred to in
§5546. Pay for Sunday and holiday work
(a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by
(b) An employee who performs work on a holiday designated by Federal Statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the District of Columbia Council, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not—
(1) in excess of 8 hours; or
(2) overtime work as defined by
(c) An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work.
(d) An employee who performs overtime work as defined by
(e) Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545(a) and (b) of this title, providing premium pay for nightwork.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §302, |
||
May 24, 1946, ch. 270, §11, |
||
Sept. 1, 1954, ch. 1208, §207, |
||
July 18, 1958, |
In subsections (a) and (b), the word "officer" is omitted as included in "employee".
In subsections (b) and (c), the word "designated" is substituted for "such a" and "such" in former section 922(b) and (c) to identify the holiday as one designated by statute, Executive order, or the Board of Commissioners of the District of Columbia.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5546(a) | 5 App.: 921a. | July 18, 1966, |
In subsection (a), the words "An employee who performs work . . . is entitled to pay . . . at the rate of his basic pay" are coextensive with and substituted for "Any . . . service . . . performed . . . shall be compensated . . . at the rate of basic compensation of the officer or employee performing such work." The words "
Amendments
1998—Subsec. (a).
1968—Subsec. (b).
Subsec. (d).
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
Condition of Performance
Similar provisions were contained in the following prior appropriations act:
Cross References
Legal public holidays, see
Section Referred to in Other Sections
This section is referred to in
§5546a. Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense
(a) The Administrator of the Federal Aviation Administration (hereafter in this section referred to as the "Administrator") and the Secretary of Defense (hereafter in this section referred to as the "Secretary") may pay premium pay at the rate of 5 per centum of the applicable rate of basic pay to—
(1) any employee of the Federal Aviation Administration or the Department of Defense who is—
(A) occupying a position in the air traffic controller series classified not lower than GS–9 and located in an air traffic control center or terminal or in a flight service station;
(B) assigned to a position classified not lower than GS–09 or WG–10 located in an airway facilities sector; or
(C) assigned to a flight inspection crew-member position classified not lower than GS–11 located in a flight inspection field office,
the duties of whose position are determined by the Administrator or the Secretary to be directly involved in or responsible for the operation and maintenance of the air traffic control system; and
(2) any employee of the Federal Aviation Administration or the Department of Defense who is assigned to a flight test pilot position classified not lower than GS-12 located in a region or center, the duties of whose position are determined by the Administrator or the Secretary to be unusually taxing, physically or mentally, and to be critical to the advancement of aviation safety; and
(3) any employee of the Federal Aviation Administration who occupies a position at the Federal Aviation Administration Academy, Oklahoma City, Oklahoma, the duties of which are determined by the Administrator to require the individual to be actively engaged in or directly responsible for training employees to perform the duties of a position described in subparagraph (a); (b); or (c) or paragraph (1) of this subsection, and who, immediately prior to assuming such position at such Academy, occupied a position referred to in subparagraph (a), (b), or (c) of paragraph (1) of this subsection.
(b) The premium pay payable under any subsection of this section is in addition to basic pay and to premium pay payable under any other subsection of this section and any other provision of this subchapter.
(c)(1) The Administrator or the Secretary may pay premium pay to any employee of the Federal Aviation Administration or the Department of Defense who—
(A) is an air traffic controller located in an air traffic control center or terminal;
(B) is not required as a condition of employment to be certified by the Administrator or the Secretary as proficient and medically qualified to perform duties including the separation and control of air traffic; and
(C) is so certified.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 1.6 per centum of the applicable rate of basic pay for so long as such employee is so certified.
(d)(1) The Administrator or the Secretary may pay premium pay to any air traffic controller of the Federal Aviation Administration or the Department of Defense who is assigned by the Administrator or the Secretary to provide on-the-job training to another air traffic controller while such other air traffic controller is directly involved in the separation and control of live air traffic.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 10 per centum of the applicable hourly rate of basic pay times the number of hours and portion of an hour during which the air traffic controller of the Federal Aviation Administration or the Department of Defense provides on-the-job training.
(e)(1) The Administrator or the Secretary may pay premium pay to any air traffic controller or flight service station specialist of the Federal Aviation Administration or the Department of Defense who, while working a regularly scheduled eight-hour period of service, is required by his supervisor to work during the fourth through sixth hour of such period without a break of thirty minutes for a meal.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 50 per centum of one-half of the applicable hourly rate of basic pay.
(f)(1) The Administrator or the Secretary shall prescribe standards for determining which air traffic controllers and other employees of the Federal Aviation Administration or the Department of Defense are to be paid premium pay under this section.
(2) The Administrator and the Secretary may prescribe such rules as he determines are necessary to carry out the provisions of this section.
(Added
Amendments
1984—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsecs. (c)(1), (d), (e)(1), (f)(1).
Subsec. (f)(2).
1982—Subsec. (a)(3).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 145(b) of
Effective Date
Section 151(h)(1), (2) of
"(1) The amendments made by subsections 152 [151] (b), (c), (e), and (g) of this joint resolution [enacting subsecs. (a) and (b) of this section and amending
"(2) The amendments made by subsection 152 [151] (a) and subsection 152 [151] (d) of this joint resolution [enacting subsecs. (c)–(f) of this section and amending
Section Referred to in Other Sections
This section is referred to in
§5547. Limitation on premium pay
(a) An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, and 5546(a) and (b) of this title only to the extent that the payment does not cause his aggregate rate of pay for any pay period to exceed the maximum rate for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law). The first sentence of this subsection shall not apply to any employee of the Federal Aviation Administration or the Department of Defense who is paid premium pay under
(b)(1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency.
(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee's basic pay and premium pay under those provisions would, in any calendar year, exceed the maximum rate payable for GS–15 in effect at the end of such calendar year.
(c)(1) Subsections (a) and (b) shall not apply to a law enforcement officer.
(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer's aggregate rate of pay for any pay period to exceed the lesser of—
(A) 150 percent of the minimum rate payable for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §603, |
||
July 3, 1948, ch. 830, §303(a), |
||
Sept. 1, 1954, ch. 1208, §209, |
Former section 943(a), (b) is combined and restated for clarity and conciseness. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
In the codification of
References in Text
GS–15, referred to in subsecs. (a), (b)(2), and (c)(2)(A), is contained in the General Schedule which is set out under
Level V of the Executive Schedule, referred to in subsec. (c)(2)(B), is set out in
Amendments
1994—Subsec. (a).
1992—Subsec. (c)(3).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
1988—
1984—
1982—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 529 [title II, §204] of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Short Title of 1988 Amendment
Section 1 of
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§5548. Regulations
(a) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545(d) insofar as this subchapter affects employees in or under an Executive agency.
(b) The Office shall prescribe regulations necessary for the administration of section 5545(d).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §605, |
The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
The remainder of the authority is covered by sections 5504 and 6101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5548(b) | 5 App.: 1072 (as applicable to 5 App.: 1134.) | Oct. 28, 1949, ch. 782, §1101 (as applicable to §804, added July 19, 1966, |
5 App.: 1134(4) (6th through 9th words). | July 19, 1966, |
This section consolidates into
Amendments
1992—Subsec. (b).
1978—Subsecs. (a), (b).
1972—Subsec. (a).
Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Delegation of Functions
Function vested in Office of Personnel Management under this section to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§5549. Effect on other statutes
This subchapter does not prevent payment for overtime services or for Sunday or holiday work under any of the following statutes—
(1)
(2)
(3) sections 261,1 267, 1450, 1451, 1451a,1 and 1452 of title 19;
(4)
(5)
However, an employee may not receive premium pay under this subchapter for the same services for which he is paid under one of these statutes.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §601, |
In paragraph (2), the words "
In paragraph (5), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1983—Par. (4).
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
1 See References in Text note below.
[§5550. Repealed. Pub. L. 102–378, §2(44)(A), Oct. 2, 1992, 106 Stat. 1352 ]
Section, added
§5550a. Compensatory time off for religious observances
(a) Not later than 30 days after the date of the enactment of this section, the Office of Personnel Management shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious reasons, notwithstanding any other provision of law.
(b) In the case of any agency described in subparagraphs (C) through (G) of
(c) Regulations under this section may provide for such exceptions as may be necessary to efficiently carry out the mission of the agency or agencies involved.
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Amendments
1979—Subsecs. (a), (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5551. Lump-sum payment for accumulated and accrued leave on separation
(a) An employee as defined by
(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of
(c)(1) Annual leave that is restored to an employee of the Department of Defense under
(2) A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Dec. 21, 1944, ch. 632, §1 (less 1st proviso, and less so much of last sentence as precedes 2d proviso), |
|
July 2, 1953, ch. 178, §4(a) (1st and 5th sentences), |
||
(b) | July 2, 1953, ch. 178, §2(a), |
In subsection (a), the words "An employee as defined by
In subsection (b)(2), reference to the limitation imposed by section 5 of the Act of July 2, 1953, ch. 178,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (c).
1991—Subsec. (a).
1990—Subsec. (a).
1980—Subsec. (a).
1978—Subsec. (b).
1973—Subsec. (a).
Subsec. (b).
Effective Date of 1996 Amendment
Section 1611(b) of
Effective Date of 1991 Amendment
Section 147(b)(2) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 402(b) of
Effective Date of 1978 Amendment
Section 4 of
"(a) The amendments made by the first section and section 2 of this Act [amending this section and
"(b) The amendment made by section 3 of this Act [amending
Cross References
Members of armed forces, payments for unused accrued leave, see
Section Referred to in Other Sections
This section is referred to in
§5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election
An employee as defined by
(1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with
(2) elect to have the leave remain to his credit until his return from active duty.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 1, 1941, ch. 348, |
The words "An employee as defined by
The words "subsequent to May 1, 1940" are omitted as obsolete. The words "active duty in the armed forces" and "active duty" are substituted for "active military or naval service in the land or naval forces of the United States" and "active military or naval service", respectively, on authority of the National Security Act of 1947,
In paragraph (1), the words "in accordance with
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5553. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(Added
SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5561. Definitions
For the purpose of this subchapter—
(1) "agency" means an Executive agency and a military department;
(2) "employee" means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section—
(A) inside the continental United States; or
(B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;
is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;
(3) "dependent" means—
(A) a wife;
(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the head of the agency concerned or his designee;
(4) "active service" means active Federal service by an employee;
(5) "missing status" means the status of an employee who is in active service and is officially carried or determined to be absent in a status of—
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will;
but does not include the status of an employee for a period during which he is officially determined to be absent from his post of duty without authority; and
(6) "pay and allowances" means—
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for housing;
(E) basic allowance for subsistence; and
(F) station per diem allowances for not more than 90 days.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(4) | 50A U.S.C. 1001. | Mar. 7, 1942, ch. 166, §1, |
July 1, 1944, ch. 371, §1, |
||
May 16, 1947, ch. 70, §1, |
||
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
(5) | 50A U.S.C. 1002(a) (3d through 66th words of 1st sentence, and 1st 28 words of 3d sentence, for definition purposes). | Mar. 7, 1942, ch. 166, §2(a) (3d through 66th words and 96th through 120th words of 1st sentence, and 1st 28 words of 3d sentence, for definition purposes); added |
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
(5) | 50A U.S.C. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), |
(6) | 50A U.S.C. 1002(a) (96th through 120th words of 1st sentence, for definition purposes). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In paragraph (1), the word "agency" is substituted for "department". The words "including such term when used in the amendment made by section 16" are omitted as surplusage. The words "an Executive agency and a military department" are coextensive with and substituted for "any executive department, independent establishment, or agency (including corporations) in the executive branch of the Federal Government" in view of the definitions in sections 105 and 102, and on authority of
In paragraph (3)(A), the word "lawful" is omitted as unnecessary in view of the accepted recognition of the fact that the word "wife" means a lawful wife. In paragraph (3)(E), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or subordinate designated by him".
The definitions in paragraphs (5) and (6), which do not appear in, but are based on, the source law are created for legislative convenience.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1997—Par. (6)(D).
Effective Date of 1997 Amendment
Section 603(e) of
Accounting for Civilian Employees and Contractors of United States
Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
Hostage Relief
Executive Order No. 12268
Ex. Ord. No. 12268, Jan. 15, 1981, 46 F.R. 4671, provided for the implementation of the Hostage Relief Act of 1980 (
Executive Order No. 12313
Ex. Ord. No. 12313, July 13, 1981, 46 F.R. 36689, designated Jan. 11, 1981, as date on which all citizens and resident aliens of the United States who had been placed in captive status as a result of seizure of United States Embassy in Iran were returned to United States or otherwise accounted for and were no longer under foreign control.
Cross References
Payments to missing members of the uniformed services, see
Section Referred to in Other Sections
This section is referred to in
§5562. Pay and allowances; continuance while in a missing status; limitations
(a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled—
(1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under
(2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of
An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee's rate of basic pay in effect at the time the leave was forfeited.
(b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of—
(1) receipt by the head of the agency concerned of evidence that the employee is dead; or
(2) death prescribed or determined under
That entitlement does not end—
(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.
(c) An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
(d) When an employee in a missing status is continued in that status under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1002(a) (1st sentence, less last 46 words). | Mar. 7, 1942, ch. 166, §2(a) (1st 2 sentences and 3d sentence, less 1st 28 words); added |
Apr. 4, 1953, ch. 17, §1(a), |
||
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), |
|
(b) | 50A U.S.C. 1002(a) (last 46 words of 1st sentence, and 2d sentence). | |
(c) | 50A U.S.C. 1002(a) (3d sentence, less 1st 28 words). | |
(d) | 50A U.S.C. 1006 (2d sentence, as applicable to pay and allowances). | Mar. 7, 1942, ch. 166, §6 (2d sentence, as applicable to pay and allowances); added Dec. 24, 1942, ch. 828, §1 (4th par.), Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "An employee in a missing status" are substituted for the first 66 words of 50A U.S.C. 1002(a) to conform to the definitions in section 5561(2) and (5). The words "pay and allowances" are substituted for the enumeration of pay and allowances in the first sentence of 50A U.S.C. 1002(a) to conform to the definition in sections 5561(6). The words "or is performing full-time training duty, other full-time duty, or inactive duty training" and "except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled if he had been performing full-time active duty with pay;" are omitted as inapplicable to civilian officers and employees.
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity.
In subsection (c), the words "United States" are substituted for "Government" to conform to the style of this title. The words "under subsection (a) of this section" are inserted for clarity.
In subsection (d), the words "an employee in a missing status" are substituted for "a person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
1973—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Former Employees or Their Beneficiaries
Section 7(b) of
Section Referred to in Other Sections
This section is referred to in
§5563. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
(a) An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
(b) In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
(c) All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
(d) A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
(e) Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
(f) When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to
(g) When an employee in a missing status is continued in that status under
(h) When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee—
(1) direct the payment of a new allotment from the pay of the employee;
(2) increase or decrease the amount of an allotment made by the employee; and
(3) continue payment of an allotment of the employee which has expired.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1003 (1st sentence). | Mar. 7, 1942, ch. 166, §3, |
July 1, 1944, ch. 371, §3, |
||
(b) | 50A U.S.C. 1003 (2d sentence, less proviso). | |
(c) | 50A U.S.C. 1003 (1st proviso of 2d sentence). | |
(d) | 50A U.S.C. 1003 (2d proviso of 2d sentence). | |
(e) | 50A U.S.C. 1004 | Mar. 7, 1942, ch. 166, §4, |
Dec. 24, 1942, ch. 828, §1 (2d par.), |
||
July 1, 1944, ch. 371, §4, |
||
(f) | 50A U.S.C. 1006 (1st sentence). | Mar. 7, 1942, ch. 166, §6 (1st sentence and 2d sentence, as applicable to allotments); added |
Dec. 24, 1942, ch. 828, §1 (4th par.), |
||
Apr. 4, 1953, ch. 17, §1(b), |
||
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1006 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §6 (1st sentence)), |
|
(g) | 50A U.S.C. 1006 (2d sentence, as applicable to allotments). | |
(h) | 50A U.S.C. 1007. | Mar. 7, 1942, ch. 166 §7, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "employee . . . in a missing status" are substituted for the reference to "person . . . entitled under section 2 of this Act to receive or be credited with pay and allowances" to conform to the definitions in section 5561(2) and (5). The words "except as otherwise provided herein" are omitted as unnecessary.
In subsection (b), the words "head of the agency concerned, he or his designee" are substituted for "head of the department concerned . . . head of the department concerned, or such subordinate as he may designate". The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (c), the words "in effect" are omitted as surplusage. The words "employee in a missing status" are substituted for "absent person" to conform to the definitions in section 5561(2) and (5).
In subsection (d), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (e), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinates as he may designate". The words "employee in a missing status" are substituted for "person entitled to receive or be credited with pay and allowances under section 2 of this Act" to conform to the definitions in section 5561(2) and (5). The words "United States" are substituted for "Government" to conform to the style of this title.
In subsections (f) and (g), the words "employee in a missing status" are substituted for "person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
In subsection (h), the words "employee in a missing status" are substituted for "persons entitled under section 2 or 14 of this Act to receive pay and allowances" to conform to the definitions in section 5561(2) and (5). In paragraph (2), the words "heretofore or hereafter" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
(a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense.
(b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) (A)–(E) of this title to—
(1) the official residence of record for the employee;
(2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or
(3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection.
(c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
(d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested.
(e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize—
(1) reimbursement for the commercial cost of the transportation; or
(2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished.
(f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available.
(g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts.
(h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the Administrator of General Services by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the Administrator of General Services shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the Administrator of General Services or the courts.
(i) This section does not amend or repeal—
(1)
(2)
(3)
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1012 (14th sentence). | Mar. 7, 1942, ch. 166, §12, |
Aug. 29, 1951, ch. 356, §1, |
||
Apr. 4, 1953, ch. 17, §1(d), |
||
Aug. 29, 1957, |
||
(b) | 50A U.S.C. 1012 (1st sentence). | Aug. 14, 1964, |
50A U.S.C. 1014 (as applicable to §1012 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §12 (1st sentence)), |
|
(c) | 50A U.S.C. 1012 (12th sentence). | |
(d) | 50A U.S.C. 1012 (13th sentence). | |
(e) | 50A U.S.C. 1012 (11th sentence). | |
(f) | 50A U.S.C. 1012 (9th and 10th sentences). | |
(g) | 50A U.S.C. 1012 (2d–4th sentences). | |
(h) | 50A U.S.C. 1012 (5th–7th sentences). | |
(i) | 50A U.S.C. 1012 (8th sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "Beginning June 25, 1950, and" are omitted as executed. The words "not to exceed" are omitted as unnecessary. The words "outside the United States, or in Alaska or Hawaii" are substituted for "outside the continental limits of the United States or in Alaska".
In subsection (b), the words "Transportation . . . may be provided" are substituted for "may be moved". The words "an employee . . . for more than 28 days in a status listed in section 5561(5)(A)–(E) of this title" are substituted for "person . . . for a period of thirty days or more in any status listed in section 2 of this Act" for clarity and to conform to the definitions in section 5561(2) and (5). In paragraph (1), the words "the employee" are substituted for "any such person". In paragraph (3), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned or by such person as he may designate".
In subsection (c), the word "employee" is substituted for "person". The words "transportation . . . may be provided under this section only when" are substituted for "movement . . . provided for herein may be authorized only in cases where".
In subsection (d), the words "on request of a dependent may be provided under . . . only" are substituted for "No . . . shall be authorized pursuant to . . . upon application by dependents unless". The words "condition and" are omitted as surplusage.
In subsection (e)(1), the words "reimbursement for" are substituted for "the payment in money of amounts equal to".
In subsection (f), the word "employee" is substituted for "person". The words "such time as" are omitted as surplusage.
In subsection (g), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person". The words "under . . . prescribed" are substituted for "in accordance with . . . issued".
In subsection (h), the words "under subsection (g) of this section" are substituted for "under authority of this section".
In subsection (i), the words "the provisions of" are omitted as surplusage. Paragraph (3) is substituted for "the Federal Tort Claims Act (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5564(a) | 50 App.: 1012. | Oct. 19, 1965, |
Only that portion of the source law applicable to civilian officers and employees and their dependents is codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in
Amendments
1996—Subsec. (h).
1991—Subsec. (i)(1).
§5565. Agency review
(a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may—
(1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or
(2) make a finding of death.
(b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is—
(1) the day after the day on which the 12 months in a missing status ends; or
(2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.
(c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1005 (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §5, |
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1005 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §5 (1st sentence)), |
|
(b) | 50A U.S.C. 1005 (less 1st and 2d sentences). | |
(c) | 50A U.S.C. 1009(b) (as applicable to §1005). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "When an employee has been in a missing status almost 12 months" are substituted for "When the twelve months' period from the date of commencement of absence is about to expire in any case of a person entitled under section 2 of this Act to receive or be credited with pay and allowances" for clarity and to conform to the definitions in section 5561(2) and (5). For the same reasons, the words "the end of 12 months in a missing status" are substituted for "the twelve months' absence shall have expired". The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in section 5566(a). In paragraph (1), the words "his" and "employee" are substituted for "person's" and "person".
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity. The words "and payment of death gratuities" are omitted as inapplicable to civilian officers and employees. In paragraph (1), the words "the day on which the 12 months in a missing status ends" are substituted for "the day of expiration of an absence of twelve months" for consistency with subsection (a) of this section and in view of the definition in section 5561(5). In paragraph (2), the words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "under subsection (a) of this section" are substituted for "as hereinbefore authorized".
In subsection (c), the word "sole" is omitted as surplusage and in view of the provisions of section 5566(h). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5566. Agency determinations
(a) The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to—
(1) death or finding of death;
(2) the fact of dependency under this subchapter;
(3) any other status covered by this subchapter;
(4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and
(5) whether information received concerning an employee is to be construed and acted on as an official report of death.
(b) When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or status of the employee. After the end of 12 months in a missing status prescribed by
(c) The head of the agency concerned or his designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
(d) When circumstances warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his designee may change or modify it.
(e) When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party.
(f) Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death.
(g) The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
(h) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1009(a) (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §9(a) (less 5th and last sentences); added |
Apr. 4, 1953, ch. 17, §1(c), |
||
Aug. 29, 1957, |
||
50A U.S.C. 1010. | Mar. 7, 1942, ch. 166, §10, |
|
July 1, 1944, ch. 371, §6, Aug. 14, 1964, |
||
(b) | 50A U.S.C. 1009(a) (3d and 4th sentences). | |
(c) | 50A U.S.C. 1009(a) (6th sentence, less last proviso). | |
50A U.S.C. 1014 (as applicable to §1009(a) (1st proviso of 6th sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §9(a) (1st proviso of 6th sentence)), |
|
(d) | 50A U.S.C. 1009(a) (7th sentence). | |
(e) | 50A U.S.C. 1009(a) (last proviso of 6th sentence). | |
(f) | 50A U.S.C. 1009(a) (8th sentence). | |
(g) | 50A U.S.C. 1009(a) (9th sentence). | |
(h) | 50A U.S.C. 1009(b) (as applicable to §1009). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §9); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinate as he may designate". The words "for the purposes of this Act" are omitted as surplusage. The words "final and" in 50A U.S.C. 1010 are omitted as surplusage and for consistency with 50A U.S.C. 1009(a) (1st sentence). The words "the determination of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law, and the determination of the fact of dependency under the provisions of any and all other laws providing for the payment of pay, allowances, or other emoluments to enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States where such payments are contingent upon dependency" in 50A U.S.C. 1010 are omitted as inapplicable to civilian officers and employees and their dependents. In paragraph (2), the words "under this subchapter" are substituted for "under the provisions of this Act". In paragraph (3), the words "covered by this subchapter" are substituted for "dealt with by this Act". In paragraph (4), the words "by the head of the agency concerned" are substituted for "in such department or by the head thereof". In paragraph (5), the word "employee" is substituted for "person".
In subsection (b), the words "head of the agency concerned" are substituted for "department concerned". The word "employee" is substituted for "person". In the second sentence, the words "the head of the agency concerned or his designee" are inserted for clarity. The words "is dead" are substituted for "is no longer alive" for consistency with references in this section to "death".
In subsection (c), the words "or his designee" are substituted for "or by such subordinate as he may designate". The words "captured, beleaguered, or besieged by a hostile force" are substituted for "in the hands of a hostile force" on authority of 50A U.S.C. 1014.
In subsection (d), the words "under this subchapter" are substituted for "authorized to be made by this Act". The words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (e), the words "an employee . . . allotment paid under this subchapter" are substituted for "any person . . . allotments paid pursuant to this Act". The words "the employee if the head of the agency concerned or his designee" are substituted for "such person's . . . in any case in which . . . the head of the department concerned, or such subordinate as he may designate."
In subsection (f), the words "may not be collected" are substituted for "shall not be subject to collection" in two places. The word "employee" is substituted for "person".
In subsection (g), the words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (h), the word "sole" is omitted as surplusage and in view of the provisions of section 5565(c). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in subsection (a) of this section. The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5567. Settlement of accounts
(a) The head of the agency concerned or his designee may settle the accounts of—
(1) an employee for whose account payment has been made under
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.
That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials.
(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement.
(c) In settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in carrying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1011. | Mar. 7, 1942, ch. 166, §11, |
(b) | 50A U.S.C. 1009(a) (5th sentence). | Mar. 7, 1942, ch. 166, §9(a) (5th and last sentences); added |
July 1, 1944, ch. 371, §5, Aug. 29, 1957, |
||
(c) | 50A U.S.C. 1009(a) (last sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "or his designee" are substituted for "or such person as he may designate". The word "employee" is substituted for "persons". The words "United States" are substituted for "Government" to conform to the style of this title.
In subsection (c), the words "in carrying out this subchapter, except section 5568" are substituted for "in carrying out the provisions of this Act, except sections 13, 16, 17, and 18", since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words "under this subchapter, except section 5568" are substituted for "under such provisions" for the reasons stated in the preceding sentence.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5568. Income tax deferment
Notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates:
(1) the fifteenth day of the third month in which he ceased (except because of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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50A U.S.C. 1013. | Mar. 7, 1942, ch. 166, §13, |
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Aug. 8, 1947, ch. 515, §6, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
The words "in the case of any taxable year beginning after December 31, 1940" are omitted as unnecessary.
The words "an employee" are substituted for "any civilian officer or employee of any department" to conform to the definition in section 5561(2). The words "in a missing status" are substituted for "absent from his duty station under the conditions specified in section 2 of this Act" to conform to the definition in section 5561(5) and in view of the provisions of section 5562 establishing the entitlement of an employee in a missing status to receive pay and allowances or to have them credited to his account. Reference to "title 26" is substituted for "Internal Revenue Code of 1954".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5569. Benefits for captives
(a) For the purpose of this section—
(1) "captive" means any individual in a captive status commencing while such individual is—
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) "captive status" means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual's relationship with the Government;
(3) "missing status"—
(A) in the case of an employee, has the meaning provided under
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) "family member", as used with respect to a person, means—
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person's family or household.
(b)(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Such interest shall be compounded quarterly.
(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of
(4) Any interest accruing under this subsection on—
(A) any amount for which an individual is indebted to the United States under
(B) any amount referred to in
(5) An allotment under this subsection may be made without regard to
(c) The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care—
(1) is incident to such individual being a captive; and
(2) is not covered—
(A) by any Government medical or health program; or
(B) by insurance.
(d)(1) Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under
(3) The President—
(A) may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and
(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of
(i) during the period of captivity of such individual; and
(ii) related to the captive status of such individual.
(4) A payment under this subsection shall be in addition to any other amount provided by law.
(5) The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individual's death.
(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of
(e)(1) Under regulations prescribed by the President, the benefits provided by the Soldiers' and Sailors' Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sections 104, 105, 106, 400 through 408,1 501 through 512, and 514 of such Act, shall be provided in the case of any individual who is a captive.
(2) In applying such Act under this subsection—
(A) the term "person in the military service" is deemed to include any such captive;
(B) the term "period of military service" is deemed to include the period during which the individual is in a captive status; and
(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President.
(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs—
(i) after that individual has been in captive status for 90 days or more, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date.
In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause.
(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual's death.
(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under
(E) For the purpose of this paragraph, "child" means a dependent under
(2)(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Payments shall be available under this paragraph for a captive for education or training which occurs—
(i) after the termination of that individual's captive status, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and
shall be available only to the extent that such payments are not otherwise authorized by law.
(3) Assistance under this subsection—
(A) shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to
(B) may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than full-time education or training).
(4) Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the assistance program under chapters 35 and 36 of title 38.
(g) Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if—
(1) such family member is held in captive status; and
(2) such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences.
(h) Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after January 21, 1981.
(i) Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review.
(j) The President may prescribe regulations necessary to administer this section.
(k) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
References in Text
The date of the enactment of the Victims of Terrorism Compensation Act [title VIII of
Section 802 of the Victims of Terrorism Compensation Act [
The Soldiers' and Sailors' Relief Act of 1940, referred to in subsec. (e)(1), is act Oct. 17, 1940, ch. 888,
Section 408, referred to in subsec. (e)(1), is section 408 of act Oct. 17, 1940, ch. 888,
Amendments
1991—Subsec. (f)(3)(A).
Short Title
Section 801 of title VIII of
Payment to Individuals Held in Captive Status Between November 4, 1979, and January 21, 1981
Section 802 of title VIII of
Transition Provisions
Section 805 of title VIII of
"(a)
"(2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period.
"(b)
"(c)
Regulations
Section 807 of title VIII of
Effective Date of Entitlements
Section 808 of title VIII of
Executive Order No. 12576
Ex. Ord. No. 12576, Dec. 2, 1986, 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out below.
Ex. Ord. No. 12598. Victims of Terrorism Compensation
Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5570. Compensation for disability or death
(a) For the purpose of this section—
(1) "employee" means—
(A) any individual in the Civil Service; and
(B) any individual rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); and
(2) "family member", as used with respect to an employee, means—
(A) any dependent of such employee; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee's family or household.
(b) The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual's relationship with the Government.
(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under
(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of
(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981.
(g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
Delegation of Functions
Functions of the President under this section delegated to the Secretary of State to be exercised in consultation with the Secretary of Labor, see Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under
SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5581. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) an individual employed by the government of the District of Columbia;
but does not include the employee of—
(i) a Federal land bank;
(ii) a Federal intermediate credit bank;
(iii) a regional bank for cooperatives; or
(iv) the Senate within the purview of
(2) "money due" means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to—
(A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due;
(B) allowances on change of official station;
(C) quarters and cost-of-living allowances and overtime or premium pay;
(D) amounts due for payment of cash awards for employees' suggestions;
(E) amounts due as refund of pay deductions for United States savings bonds;
(F) payment for accumulated and current accrued annual or vacation leave equal to the pay the decreased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave;
(G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime;
(H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and
(I) retroactive pay under section 5344(a) (2) of this title.
It does not include benefits, refunds, or interest payable under subchapter III of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(1) | Aug. 3, 1950, ch. 518, §7, |
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(2) | Aug. 3, 1950, ch. 518, §2, |
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July 2, 1953, ch. 178, §5, |
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Sept. 1, 1954, ch. 1208, §501, |
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Sept. 2, 1958, |
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Aug. 3, 1950, ch. 518, §4, |
Paragraph (1) is supplied for convenience and is based on the first 35 words of former section 61f, which is carried into section 5582, and former section 61k.
The exception for production credit corporations in section 7 of the Act of Aug. 3, 1950, is omitted as they were merged in the Federal intermediate credit banks by the Farm Credit Act of 1956,
The exception in paragraph (1)(iv) for employees of the Senate is added on authority of the Act of Jan. 6, 1951, ch. 1213,
In paragraph (2), the definition of "money due" is substituted for "unpaid compensation". Paragraph (2)(I) is added on authority of former section 1182(a)(2), which is carried into section 5344.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1979—Par. (1).
Effective Date of 1979 Amendment
Amendment by
§5582. Designation of beneficiary; order of precedence
(a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under regulations promulgated—
(1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency;
(2) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and
(3) by the Chief Justice of the United States or his or her designee, in the case of an employee of the judicial branch.
(b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid:
First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death.
Second, if there is no designated beneficiary, to the widow or widower of the employee.
Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or the survivor of them.
Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee.
Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Aug. 3, 1950, ch. 518, §5, |
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(b) | Aug. 3, 1950, ch. 518, §1, |
Subsection (a) is restated for clarity. The word "officers" is omitted as included in "employee".
In subsection (b), so much of the first 35 words of former section 61f as states the application is carried into the definition of "employee" in section 5581(1). The word "officer" is omitted as included in "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§5583. Payment of money due; settlement of accounts
(a) Under such regulations as the Director of the Office of Personnel Management may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under
(b) The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section. However—
(1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; and
(2) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 3, 1950, ch. 518, §3, |
In subsection (a), the word "officer" is omitted as included in "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Cross References
Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner, see
§5584. Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances
(a) A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by—
(1) the authorized official;
(2) the head of an agency when—
(A) the claim is in an amount aggregating not more than $1,500; and
(B) the waiver is made in accordance with standards which the authorized official shall prescribe; or
(3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in
(b) The authorized official or the head of the agency, as the case may be, may not exercise his authority under this section to waive any claim—
(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim;
(2) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately following the date on which the erroneous payment of pay was discovered or three years immediately following October 21, 1968, whichever is later;
(3) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following October 2, 1972, whichever is later;
(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following July 25, 1974, whichever is later; or
(5) in the case of a claim involving an erroneous payment of travel, transportation or relocation expenses and allowances, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for that refund within two years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section.
(d) In the audit and settlement of the accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.
(e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.
(f) This section does not affect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States.
(g) For the purpose of this section, "agency" means—
(1) an Executive agency;
(2) the Government Printing Office;
(3) the Library of Congress;
(4) the Office of the Architect of the Capitol;
(5) the Botanic Garden; and
(6) the Administrative Office of the United States Courts, the Federal Judicial Center, and any of the courts set forth in
For purposes of this section, the Director of the Administrative Office of the United States Courts shall be the head of the agency in the case of those entities set forth in paragraph (6) of this subsection.
(g) 1 For the purpose of this section, the term "authorized official" means—
(1) the head of an agency, with respect to an agency or employee in the legislative branch; or
(2) the Director of the Office of Management and Budget, with respect to any other agency or employee.
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (g).
1991—Subsec. (a)(2)(A).
1988—Subsec. (a)(3).
Subsec. (g).
1985—
Subsec. (a).
Subsec. (b).
1979—Subsec. (b)(4).
1974—Subsec. (a).
Subsec. (b).
Subsec. (g).
1972—
Subsec. (b)(2).
Subsec. (b)(3).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 1009(b) of
Effective Date of 1985 Amendment
Section 4 of
Effective Date of 1979 Amendment
Amendment by
Cross References
Claims for overpayment of pay or allowances to the Vice President, Senators, officers and employees whose pay is disbursed by the Secretary of the Senate, and officers and employees whose pay is disbursed by the Clerk of the House of Representatives, see
Compromise and collection of Federal claims generally, see
Waiver by Secretary of Senate and Speaker of House of claims for erroneous payment of pay or allowances, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(h)".
SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY
Amendments
1967—
Subchapter Referred to in Other Sections
This subchapter is referred to in
[§§5591 to 5594. Repealed. Pub. L. 90–83, §1(34)(B), Sept. 11, 1967, 81 Stat. 201 ]
Historical and Revision Notes
This section deletes
[Sections,
§5595. Severance pay
(a) For the purpose of this section—
(1) "agency" means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Government Printing Office;
(D) the government of the District of Columbia;
(E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by
(F) the Office of the Architect of the Capitol; and
(2) "employee" means—
(A) an individual employed in or under an agency; and
(B) an individual employed by a county committee established under
but does not include—
(i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the minimum rate for the Executive Schedule;
(ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;
(iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979);
(iv) an employee who is subject to subchapter III of
(v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of
(vi) an employee who, at the time of separation from the service, is entitled to receive benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any other severance pay from the Government;
(vii) an employee of the Tennessee Valley Authority;
(viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
(ix) an employee of the Government Printing Office, who is employed on a temporary when actually employed basis; or
(x) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.
(b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who—
(1) has been employed currently for a continuous period of at least 12 months; and
(2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;
is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Public Printer may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.
(c) Severance pay consists of—
(1) a basic severance allowance computed on the basis of 1 week's basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks' basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and
(2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.
Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of this subsection, "basic pay" includes premium pay under
(d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b) (1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.
(e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with
(f) Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment.
(g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a)(2)(B) of this section.
(h)(1) Severance pay under this section may not be paid to—
(A) a person described in paragraph (4)(A) during any period in which the person is employed in a defense nonappropriated fund instrumentality; or
(B) a person described in paragraph (4)(B) during any period in which the person is employed in a Coast Guard nonappropriated fund instrumentality.
(2)(A) Except as provided in subparagraph (B), payment of severance pay to a person referred to in paragraph (1) may be resumed upon any involuntary separation of the person from the position of employment in a nonappropriated fund instrumentality, not by removal for cause on charges of misconduct, delinquency, or inefficiency.
(B) Payment of severance pay may not be resumed under subparagraph (A) in the case of a person who, upon separation, is entitled to immediate payment of retired or retainer pay as a member or former member of the uniformed services or to an immediate annuity under—
(i) a retirement system for persons retiring from employment by a nonappropriated fund instrumentality;
(ii) subchapter III of
(iii) subchapter II of
(iv) any other retirement system of the Federal Government for persons retiring from employment with the Federal Government.
(3) Upon resumption of payment of severance pay under paragraph (2)(A) in the case of a person separated as described in such paragraph, the amount of the severance pay so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance pay payable for such period to the person by the nonappropriated fund instrumentality that is attributable to credit for service taken into account under subsection (c) in the computation of the amount of the severance pay so resumed.
(4) Paragraph (1) applies to a person who, on or after January 1, 1987, moves without a break in service—
(A) from employment in the Department of Defense that is not employment in a defense nonappropriated fund instrumentality to employment in a defense nonappropriated fund instrumentality; or
(B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund instrumentality.
(5) The Secretary of Defense, in consultation with the Secretary of Transportation, shall prescribe regulations to carry out this subsection.
(6) In this subsection:
(A) The term "defense nonappropriated fund instrumentality" means a nonappropriated fund instrumentality of the Department of Defense.
(B) The term "Coast Guard nonappropriated fund instrumentality" means a nonappropriated fund instrumentality of the Coast Guard.
(C) The term "nonappropriated fund instrumentality" means a nonappropriated fund instrumentality described in
(i)(1) In the case of an employee of the Department of Defense who is entitled to severance pay under this section, the Secretary of Defense or the Secretary of the military department concerned may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2)(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Defense (for the military department that formerly employed the employee, if applicable) an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to an agency under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to an agency an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
(4) This subsection applies with respect to severance pay payable under this section for separations taking effect on or after February 10, 1996, and before October 1, 2003.
(j)(1) In the case of an employee of the Department of Energy who is entitled to severance pay under this section as a result of the establishment of the National Nuclear Security Administration, the Secretary of Energy may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2)(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Energy an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to the Department of Energy under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to the Department of Energy an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5595 | 5 App.: 1117. | Oct. 29, 1965, Nov. 2, 1966, |
In subsection (a), subsections (a) and (b) of 5 App. U.S.C. 1117 are restated as definitions.
In subsection (a)(1)(A), the term "Executive agency" is substituted for "the executive branch of the Government of the United States, including each corporation wholly owned or controlled by the United States" and "the General Accounting Office" to conform to the definition in
The definition in subsection (a)(2) continues the application of the section to only civilian officers and employees, and does not encompass members of the uniformed services as they are not "employed" in or under an agency. Throughout the section, the word "officer", in the phrase "officer or employee", is omitted as included within "employee". The last 40 words of 5 App. U.S.C. 1117(a) are codified in subsection (g).
In subsection (a)(2)(i), the words "Executive Schedule" are substituted for "Federal Executive Salary Schedule" to reflect the provisions of
In subsection (a)(2)(ii), the words "without a break in service of more than 3 days" are coextensive with and substituted for "without a break in service or after a separation of three days or less".
In subsection (a)(2)(iv), the words "subchapter III of
In subsection (a)(2)(v), the words "subchapter I of
In subsection (b) the word "agency" is substituted for "department, independent establishment, corporation, or other governmental unit" to conform to the definition in subsection (a)(1). Subsection (b)(1) is substituted for 5 App. U.S.C. 1117(e).
In subsection (e), the words "
References in Text
The Executive Schedule, referred to in subsec. (a)(2)(i), is set out in
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(2)(iii), is classified to
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in subsec. (a)(2)(vi), is classified to
Amendments
1999—Subsec. (b).
Subsec. (i)(4).
Subsec. (j).
1998—Subsec. (a)(1)(F).
Subsec. (a)(2)(viii).
Subsec. (a)(2)(ix), (x).
Subsec. (b).
1997—Subsec. (a)(1)(F).
Subsec. (a)(2)(viii), (ix).
Subsec. (b).
1996—Subsec. (i).
1994—Subsec. (h).
1990—Subsec. (a)(1)(E).
Subsec. (a)(2)(i).
Subsec. (b).
1988—Subsec. (a)(2)(i).
1980—Subsec. (a)(2)(vi).
1979—Subsec. (a)(2)(iii).
1978—Subsec. (a)(2)(i).
Effective Date of 1999 Amendment
Amendment by section 3243 of
Effective Date of 1994 Amendment
Section 343(b) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5596. Back pay due to unjustified personnel action
(a) For the purpose of this section, "agency" means—
(1) an Executive agency;
(2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by
(3) the Library of Congress;
(4) the Government Printing Office; and
(5) the government of the District of Columbia.
(b)(1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee—
(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect—
(i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and
(ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with
(B) for all purposes, is deemed to have performed service for the agency during that period, except that—
(i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and
(ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under
(2)(A) An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest.
(B) Such interest—
(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made;
(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and
(iii) shall be compounded daily.
(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph (1) of this subsection.
(3) This subsection does not apply to any reclassification action nor authorize the setting aside of an otherwise proper promotion by a selecting official from a group of properly ranked and certified candidates.
(4) The pay, allowances, or differentials granted under this section for the period for which an unjustified or unwarranted personnel action was in effect shall not exceed that authorized by the applicable law, rule, regulations, or collective bargaining agreement under which the unjustified or unwarranted personnel action is found, except that in no case may pay, allowances, or differentials be granted under this section for a period beginning more than 6 years before the date of the filing of a timely appeal or, absent such filing, the date of the administrative determination.
(5) For the purpose of this subsection, "grievance" and "collective bargaining agreement" have the meanings set forth in
(c) The Office of Personnel Management shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees, or to the agencies specified in subsection (a)(2) of this section.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5596(a) 5596(b) 5596(c) |
5 App.: 652a. 5 App.: 652b. 5 App.: 652c. |
Mar. 30, 1966, |
In subsection (a)(1), the term "an Executive agency" is substituted for "executive department of the Government of the United States", "agency or independent establishment in the executive branch of such Government", "corporation owned or controlled by such Government", and "the General Accounting Office" to conform to the definition in
In subsection (b), the word "employee" is substituted for "civilian officer or employee" and "such officer or employee" to conform to the definition in
In subsection (c), the word "employees" is substituted for "officers and employees" to conform to the definition in
References in Text
The Foreign Service Act of 1980, referred to in subsec. (b)(1)(A)(ii), is
Section 6621(a)(1) of the Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B)(ii), is classified to
Sections 1101, 1002, and 1015 of the Foreign Service Act of 1980, referred to in subsec. (b)(5), are classified to sections 4131, 4102, and 4115, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1998—Subsec. (b)(4), (5).
1990—Subsec. (a)(2).
Subsec. (c).
1987—Subsec. (b)(2) to (4).
1980—Subsec. (b)(1).
Subsec. (b)(3).
1979—Subsec. (c).
1978—Subsec. (b).
1975—Subsec. (b)(2).
Effective Date of 1987 Amendment
Section 101(m) [title VI, §623(b)] of
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(E)
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1975 Amendment
Section 1(b) of
Lump-Sum Payments for Former Employees not on the Rolls on December 23, 1975
Section 2 of
Lump-Sum Payments for Postal Employees not on the Rolls on December 23, 1975
Section 3 of
"(a) With respect to a former employee of the Post Office Department or a former employee of the United States Postal Service who had prior civilian service with the Post Office Department or other Federal agency, who is not on the rolls on the date of the enactment of this Act [Dec. 23, 1975], annual leave which was accrued before July 1, 1971, but was not credited under
"(b) With respect to a present employee of the Postal Service who had prior Federal civilian service with the Post Office Department or other Federal agency, annual leave which was accrued before July 1, 1971, but was not credited under
Section Referred to in Other Sections
This section is referred to in
§5597. Separation pay
(a) For the purpose of this section—
(1) the term "Secretary" means the Secretary of Defense;
(2) the term "defense agency" means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and
(3) the term "employee" means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include—
(A) a reemployed annuitant under subchapter III of
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
(b) In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation).
(c) Under the program, separation pay may be offered by a defense agency only—
(1) with the prior consent, or on the authority, of the Secretary; and
(2) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Secretary may require.
(d) Such separation pay—
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under section 5595 based on any other separation.
(e) No amount shall be payable under this section based on any separation occurring after September 30, 2003.
(f) The Secretary shall prescribe such regulations as may be necessary to carry out this section.
(g)(1) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the defense agency that paid the separation pay.
(2) If the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(3) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(4) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(5) If the employment is without compensation, the appointing official may waive the repayment.
(h)(1)(A) In addition to any other payment that it is required to make under subchapter III of
(B) If the employee is one with respect to whom a remittance would otherwise be required under section 4(a) of the Federal Workforce Restructuring Act of 1994 based on the separation involved, the remittance under this subsection shall be instead of the remittance otherwise required under such section 4(a).
(2) Amounts remitted under paragraph (1) shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
(3) For the purposes of this subsection—
(A) the term "covered employee" means an employee who is subject to subchapter III of
(B) the term "final basic pay" has the meaning given such term in section 4(a)(2) of the Federal Workforce Restructuring Act of 1994.
(Added
References in Text
The date of the enactment of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (g)(1), is the date of enactment of
Section 4(a) of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (h)(1)(B), (3)(B), is section 4(a) of
Amendments
1999—Subsec. (e).
1997—Subsec. (e).
Subsec. (h).
1996—Subsec. (g)(5).
1994—Subsec. (e).
Subsec. (g).
Effective Date of 1996 Amendment
Section 1612(b) of
Voluntary Separation Incentives
"(a)
"(1) a reemployed annuitant under subchapter III of
"(2) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in paragraph (1);
"(3) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(4) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(5) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(6) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(7) any employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by an agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before January 1, 2003;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(c)
"(1)
"(2)
"(d)
"(e)
"(1)
"(2)
"(a)
"(1) the term 'agency' means the Railroad Retirement Board and the Office of Inspector General of the Railroad Retirement Board;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty-four-month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before March 31, 2000;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"[(]2)
"[(]e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(b)
"(2) The report under paragraph (1) shall—
"(A) include the occupations and grade levels of each employee with respect to whom the Department has, by reason of the provisions of subsection (a), paid voluntary separation payments under such section 663; and
"(B) describe how the paying of such payments by reason of the provisions of subsection (a) relates to the restructuring plans of the Department.
"(3) For purposes of this subsection, the term 'specified congressional committees' means the following:
"(A) The Committee on Armed Services, the Committee on Government Reform, and the Committee on Commerce of the House of Representatives.
"(B) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate."
"(a)
"(b)
"(a)
"(1) the term 'agency' means any Executive agency (as defined in
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before December 31, 1997;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(1) the term 'agency' means the following agencies of the Department of Transportation:
"(A) the United States Coast Guard;
"(B) the Research and Special Programs Administration;
"(C) the Saint Lawrence Seaway Development Corporation;
"(D) the Office of the Secretary; and
"(E) the Federal Railroad Administration;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization;
"(G) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(H) any employee who, upon separation and application, would be eligible for an immediate annuity under subchapter III of
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by an agency head not to exceed $25,000 in fiscal year 1997;
"(D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(b)
"(1) the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration; and
"(2) the term 'employee' means an employee of the National Aeronautics and Space Administration serving under an appointment without time limitation, who has been currently employed with NASA for a continuous period of at least twelve months, except that such term does not include—
"(A) a reemployed annuitant under subchapter III of
"(B) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(C) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (
"(D) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment.
"(c)
"(d)
"(1) shall be paid in a lump sum after the employee's separation, and
"(2) shall be equal to the lesser of—
"(A) an amount equal to the amount the employee would be entitled to receive under
"(B) an amount that shall not exceed $25,000;
"(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
"(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under
"(5) shall be considered payment for a voluntary separation; and
"(6) shall be paid from the appropriations or funds available for payment of the basic pay of the employee.
"(e)
"(1) An individual who has received a voluntary separation incentive payment under this section and accepts any employment with the Government of the United States within five years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to NASA.
"(2) If the employment under paragraph (1) above is with an executive agency (as defined by
"(3) If the employment under paragraph (1) above is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
"(4) If the employment under paragraph (1) above is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
"(5) For the purpose of this section, the term 'employment'—
"(A) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and
"(B) includes employment under a personal services contract.
"(f)
"(g)
"(1) In addition to any other payments which it is required to make under subchapter III of
"(2) For the purpose of this section, the term 'final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.
"(h)
"(1) Total full-time-equivalent employment in NASA shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act [section]. The reduction will be calculated by comparing the agency's full-time-equivalent employment for the fiscal year in which the voluntary separation payments are made with the authorized full-time-equivalent employment for the prior fiscal year.
"(2) The Office of Management and Budget shall monitor and take appropriate action necessary to ensure that the requirements of this section are met.
"(3) The President shall take appropriate action to ensure that functions involving more than 10 full time equivalent employees are not converted to contracts by reason of the enactment of this section, except in cases in which a cost comparison demonstrates such contracts would be to the advantage of the Government.
"(4) The provisions of subsections (1) and (3) of this section may be waived upon a determination by the President that—
"(A) the existence of a state of war or other national emergency so requires; or
"(B) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires.
"(i)
"(1) the number of employees who received voluntary separation incentives;
"(2) the average amount of such incentives; and
"(3) the average grade or pay level of the employees who received incentives.
"(j)
"(1) The provisions of this section shall take effect on the date of enactment of this Act [Sept. 26, 1996].
"(2) No voluntary separation incentive under this section may be paid based on the separation of an employee after September 30, 2000."
"(a)
"(1) the term 'agency' means the Agency for International Development;
"(2) the term 'Administrator' means the Administrator, Agency for International Development; and
"(3) the term 'employee' means an employee (as defined by
"(A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of
"(B) a reemployed annuitant under subchapter III of
"(C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation;
"(E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment;
"(G) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(H) any employee who, during the 24-month period preceding the date of separation, received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) before February 1, 1997;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(a)
"(1) the term 'agency' means the Department of Agriculture;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000 in fiscal year 1997, $20,000 in fiscal year 1998, $15,000 in fiscal year 1999, or $10,000 in fiscal year 2000;
"(D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a) Notwithstanding any other provision of law, in order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganizations, transfer of function, or other similar action, the Secretary of the Smithsonian Institution may pay, or authorize the payment of, voluntary separation incentive payments to Smithsonian Institution employees who separate from Federal service voluntarily through October 1, 1996 (whether by retirement or resignation).
"(b) A voluntary separation incentive payment—
"(1) shall be paid in a lump sum after the employee's separation in an amount to be determined by the Secretary, but shall not exceed $25,000; and
"(2) shall not be a basis for payment, and shall not be included in the computation, of any other type of benefit.
"(c)(1) An employee who has received a voluntary separation incentive payment under this section and accepts employment with any agency or instrumentality of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the Smithsonian Institution.
"(2) The repayment required by paragraph (1) may be waived only by the Secretary.
"(d) In addition to any other payments which it is required to make under subchapter III of
Section 3 of
"(a)
"(1) the term 'agency' means an Executive agency (as defined by
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A).
"(b)
"(1)
"(A) in any component of the agency;
"(B) in any occupation;
"(C) in any geographic location; or
"(D) on the basis of any combination of factors under subparagraphs (A) through (C).
"(2)
"(A)
"(B)
"(i) the agency head determines that, in order to ensure the performance of the agency's mission, it is necessary to delay such employee's separation; and
"(ii) the employee separates after completing any additional period of service required (but not later than March 31, 1997).
"(c)
"(1) shall be paid in a lump sum after the employee's separation;
"(2) shall be equal to the lesser of—
"(A) an amount equal to the amount the employee would be entitled to receive under
"(B) $25,000;
"(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
"(4) shall not be taken into account in determining the amount of any severance pay to which an employee may be entitled under
"(5) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.
"(d)
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(e)
"(f)
Monitoring and Report Relating to Voluntary Separation Incentive Payments
Section 6 of
"(1) the number of employees who received a voluntary separation incentive payment under section 3 [set out above] during such preceding fiscal year;
"(2) the agency from which each such employee separated;
"(3) at the time of separation from service by each such employee—
"(A) such employee's grade or pay level; and
"(B) the geographic location of such employee's official duty station, by region, State, and city (or foreign nation, if applicable); and
"(4)(A) the number of waivers made (in the repayment upon subsequent employment) by each agency or other authority under section 3 [set out above] or the amendments made by section 8 [amending this section and provisions set out as a note under
"(B) the title and the grade or pay level of the position filled by the employee to whom such waiver applied."
[Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight, see section 1(b) of
Source of Payments
Section 4436(b)(1) of
Report
Section 4436(c) of
Section Referred to in Other Sections
This section is referred to in title 10 section 1598.
CHAPTER 57 —TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1998—
1996—
1994—
1992—
1990—
1986—
1983—
1978—
1975—
1970—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5701. Definitions
Except as otherwise provided in section 5707(d),1 for the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) an office, agency, or other establishment in the legislative branch;
(D) an office, agency, or other establishment in the judicial branch; and
(E) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) a Member of Congress; or
(iii) an office or committee of either House of Congress or of the two Houses;
(2) "employee" means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;
(3) "subsistence" means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler;
(4) "per diem allowance" means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards;
(5) "Government" means the Government of the United States and the government of the District of Columbia; and
(6) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(5) | June 9, 1949, ch. 185, §2, |
|
(6) | [Uncodified]. | Aug. 14, 1961, |
In paragraph (1), the word "agency" is substituted for "departments and establishments". The terms "Executive agency" and "military department" are substituted for "any executive department, independent commission, board, bureau, office, agency, or other establishment in the executive branch of the Government, including wholly owned Government corporations" in view of the definitions in sections 105 and 102. The exception of "a Government controlled corporation" is added in subparagraph (i) to preserve the application of this subchapter to "wholly owned Government corporations".
Paragraph (2) is added for convenience and to eliminate the necessity of referring to "civilian officers and employees of the agencies" elsewhere in the text of the subchapter.
In paragraph (4), the words "for subsistence and fees or tips to porters and stewards" are added on authority of the words "in lieu of their actual expenses of subsistence and all fees or tips to porters and stewards" and "in lieu of subsistence" in former sections 836 and 73b–2, which are carried into sections 5702 and 5703, respectively.
Paragraph (5) is added for convenience and is based in part on former section 835(1)(A) and, insofar as concerns section 5703, on section 18 of the Act of Aug. 2, 1946, ch. 744,
Paragraph (6), insofar as concerns section 5703, is based in part on section 18 of the Act of Aug. 2, 1946, ch. 744,
The definition of "Member of Congress" in former section 835(4) is omitted as unnecessary in view of the definition of "Member of Congress" in section 2106.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1990—
1986—Par. (4).
1975—Par. (2).
Effective Date of 1986 Amendment; Regulations
Section 301 of
"(a) The Administrator of General Services shall promulgate regulations implementing the amendments made by sections 101, 102, 103, 104, and 106 of this Act [enacting
"(b) The amendments made by section 201 of this Act [enacting
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1986 Amendment
Section 1 of
Short Title of 1975 Amendment
Section 1 of
Requiring Use of Travel Charge Card
"(a)
"(1) it is in the best interest of the United States to do so;
"(2) payment through a travel charge card is impractical or imposes unreasonable burdens or costs on Federal employees or Federal agencies; or
"(3) the Secretary of Defense or the Secretary of Transportation (with respect to the Coast Guard) requests an exemption with respect to the members of the uniformed services.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(e)
"(1) make the use of the travel charge card established pursuant to the United States Travel and Transportation System and Expense Control System, or any Federal contractor-issued travel charge card, mandatory for all payments of expenses of official Government travel pursuant to this section;
"(2) specify the procedures for effecting under subsection (d) a deduction from pay owed to an employee, and ensure that the due process protections provided to employees under such procedures are no less than the protections provided to employees pursuant to
"(3) provide that any deduction under subsection (d) from pay owed to an employee may occur only after reimbursement of the employee for the expenses of Government travel with respect to which the deduction is made; and
"(4) require agencies to promptly reimburse employees for expenses charged on a travel charge card pursuant to this section, and by no later than 30 days after the submission of a claim for reimbursement.
"(f)
"(1)
"(2)
"(3)
"(g)
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5702. Per diem; employees traveling on official business
(a)(1) Under regulations prescribed pursuant to
(A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or
(C) a combination of payments described in subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality.
(3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.
(b)(1) Under regulations prescribed pursuant to
(A) because of an incapacitating illness or injury which is not due to the employee's own misconduct is entitled to reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection (a) of this section until that location is reached; or
(B) because of a personal emergency situation (such as serious illness, injury, or death of a member of the employee's family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection (a) of this section until that location is reached.
(2)(A) Under regulations prescribed pursuant to
(i) reimbursement for expenses of transportation to the location where necessary medical services are provided or the emergency situation exists,
(ii) payments pursuant to subsection (a) of this section until that location is reached, and
(iii) such reimbursement and payments for return to such assignment.
(B) The reimbursement which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be the employee's actual costs of transportation to the location where necessary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employee's designated post of duty, or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be based on the additional time (if any) which was required for the employee's transportation as a consequence of the transportation's having begun and ended at a location on the travel assignment (rather than at the employee's designated post of duty, or home or regular place of business, as the case may be).
(3) Subject to the limitations contained in regulations prescribed pursuant to
(c) This section does not apply to a justice or judge, except to the extent provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §3, |
||
Apr. 26, 1950, ch. 108, |
||
July 28, 1955, ch. 424, §1, |
||
Aug. 14, 1961, |
In subsection (a), the term "employee" is substituted for "civilian officers and employees of the departments and establishments" in view of the definition of "employee" in sections 5701 and 2105. The words "in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards" are omitted as unnecessary in view of the definition of "per diem allowance" in section 5701(4).
In subsection (b), the words "Under regulations prescribed under
In subsection (c), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1980—Subsec. (a).
Subsec. (c).
Subsec. (d).
1979—Subsec. (c).
1975—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1969—Subsec. (a).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (a) of this section to establish maximum rates of per diem allowances to extent that such authority pertains to travel status of employees while enroute to, from, or between localities situated outside 48 contiguous States of United States and District of Columbia delegated to Administrator of General Services, see section 1(2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Authority of President under subsec. (a) of this section to establish maximum rates of per diem allowances and reimbursements for actual and necessary expenses of official travel for employees of Government to extent that such authority pertains to travel status in localities in Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of United States delegated to Secretary of Defense, see section 1(h) of Ex. Ord. No. 10621, set out as a note under
Cost Savings for Official Travel
"(a)
"(b)
"(c)
Reports to Congress of Per Diem and Mileage Allowance Payments for Fiscal Years 1979 Through 1981; Rules and Regulations
Section 3 of
Ex. Ord. No. 12561. Delegation of Functions Relating to Travel Outside Continental United States
Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985 (
"(h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985,
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
§5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay
An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §5, |
||
July 28, 1955, ch. 424, §2, |
||
Aug. 14, 1961, |
Subsection (a) is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744,
In subsection (b), the words "in lieu of subsistence" are omitted as unnecessary in view of the definition of "per diem allowance" in section 5701(4). The words "this subchapter" are substituted for "the Standardized Government Travel Regulations, Subsistence Expense Act of 1926, as amended (
In subsection (c), the words "this subchapter" are substituted for "said regulations and said Act of February 14, 1931, as so amended" as the Act of February 14, 1931, was repealed by section 9(a) of the Travel Expense Act of 1949,
In subsection (d), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—
1969—Subsec. (c)(1).
Subsec. (d).
Cross References
Advisory panels of experts for research and demonstration projects in education of handicapped children, travel and per diem expenses, see
Coast Guard, travel expenses of Advisory Committee to Academy, see
Temporary employment of experts and consultants, see
Section Referred to in Other Sections
This section is referred to in
§5704. Mileage and related allowances
(a)(1) Under regulations prescribed under
(2) Under regulations prescribed under
(b) A determination that travel by a privately owned vehicle is more advantageous to the Government is not required under subsection (a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under subsection (a) of this section, the employee may be reimbursed for—
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §4, |
||
July 28, 1955, ch. 424, §4, Aug. 14, 1961, |
The word "employee" is substituted for "Civilian officers and employees of departments and establishments" in view of the definition of "employee" in sections 5701 and 2105.
In subsection (a), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—
"(a) Under regulations prescribed under
"(1) 20 cents a mile for the use of a privately owned motorcycle;
"(2) 25 cents a mile for the use of a privately owned automobile; or
"(3) 45 cents a mile for the use of a privately owned airplane;
instead of actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determination of such advantage is not required when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. Notwithstanding the preceding provisions of this subsection, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle.
"(b) In addition to the mileage allowance authorized under subsection (a) of this section, the employee may be reimbursed for—
"(1) parking fees;
"(2) ferry fees;
"(3) bridge, road, and tunnel costs; and
"(4) airplane landing and tie-down fees."
1980—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1975—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§5705. Advancements and deductions
An agency may advance, through the proper disbursing official, to an employee entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or his estate by—
(1) setoff against accrued pay, retirement credit, or other amount due the employee;
(2) deduction from an amount due from the United States; and
(3) such other method as is provided by law.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §5, |
The words "disbursing official" are substituted for "disbursing officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service. Application to section 5703 is based on former section 73b–2, which is carried into section 5703.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—
Section Referred to in Other Sections
This section is referred to in
§5706. Allowable travel expenses
Except as otherwise permitted by this subchapter or by statutes relating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employment or appointment under the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §6, |
The words "members of the uniformed services" are substituted for "military personnel".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474; title 24 section 415.
§5706a. Subsistence and travel expenses for threatened law enforcement personnel
(a) Under regulations prescribed pursuant to
(b) When a situation described in subsection (a) of this section requires the employee or members of the employee's family (or both) to be temporarily relocated away from the employee's designated post of duty, the head of the agency concerned may approve transportation expenses to and from such alternate location.
(Added
Effective Date
Section effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of
Section Referred to in Other Sections
This section is referred to in
§5706b. Interview expenses
An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the agency.
(Added
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
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474; title 24 section 415; title 38 section 7410.
§5706c. Reimbursement for taxes incurred on money received for travel expenses
(a) Under regulations prescribed pursuant to
(b) Reimbursements under this section shall include an amount equal to all income taxes for which the employee and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in subsection (a). In addition, reimbursements under this section shall include penalties and interest, for the tax years 1993 and 1994 only, as a result of agencies failing to withhold the appropriate amounts for tax liabilities of employees affected by the change in the deductibility of travel expenses made by
(Added
References in Text
Effective Date
§5707. Regulations and reports
(a)(1) The Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter, except that the Director of the Administrative Office of the United States Courts shall prescribe such regulations with respect to official travel by employees of the judicial branch of the Government.
(2) Regulations promulgated to implement
(b) The Administrator of General Services shall prescribe the mileage reimbursement rates for use on official business of privately owned airplanes, privately owned automobiles, and privately owned motorcycles while engaged on official business as provided for in
(1)(A) The Administrator of General Services, in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, shall conduct periodic investigations of the cost of travel and the operation of privately owned vehicles to employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.
(B) In conducting the periodic investigations, the Administrator shall review and analyze among other factors—
(i) depreciation of original vehicle cost;
(ii) gasoline and oil (excluding taxes);
(iii) maintenance, accessories, parts, and tires;
(iv) insurance; and
(v) State and Federal taxes.
(2)(A) The Administrator shall issue regulations under this section which—
(i) shall prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, as provided in
(ii) shall prescribe mileage reimbursement rates which reflect the current costs as determined by the Administrator of operating privately owned airplanes and motorcycles.
(B) At least once each year after the issuance of the regulations described in subparagraph (A) of this paragraph, the Administrator shall determine, based upon the results of the cost investigation, specific figures, each rounded to the nearest half cent, of the average, actual cost per mile during the period for the use of a privately owned airplane, automobile, and motorcycle.
(C) The Administrator shall report the specific figures to Congress not later than five working days after the Administrator makes the cost determination. Each such report shall be printed in the Federal Register.
(D) The mileage reimbursement rates contained in the regulations prescribed under this section shall be adjusted within thirty days following the submission of the report under subparagraph (C) of this paragraph.
(c) The Administrator of General Services shall periodically, but at least every 2 years, submit to the Director of the Office of Management and Budget an analysis of estimated total agency payments for such items as travel and transportation of people, average costs and duration of trips, and purposes of official travel; and of estimated total agency payments for employee relocation. This analysis shall be based on a sampling survey of agencies each of which spent more than $5,000,000 during the previous fiscal year on travel and transportation payments, including payments for employee relocation. Agencies shall provide to the Administrator the necessary information in a format prescribed by the Administrator and approved by the Director.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §7, |
The first sentence is based in part on former sections 73b–2, 836, and 837, which are carried into this subchapter. Application of the second sentence to section 5703, and the third sentence, are based on former section 73b–2, which is carried into section 5703.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (b)(1)(A).
Subsec. (d).
1994—Subsec. (b).
Subsec. (c).
1990—Subsec. (d).
1986—Subsec. (a).
Subsec. (c).
1975—
Effective Date of 1986 Amendment
Amendment by
Regulations; Time for Issuance
Section 6(b) of
Reports Regarding Foreign Travel
"(a)
"(b)
"(1) the name and employing agency of the officer or employee;
"(2) the name of the official who authorized the travel; and
"(3) the purpose and duration of the travel.
"(c)
"(1) setting forth the actual duration and cost of the travel; and
"(2) updating any other information included in the preliminary report.
"(d)
"(1) the names and employing agencies of all officers and employees of Executive branch agencies who attended the international conference;
"(2) the names of all officials who authorized travel to the international conference, and the total number of officers and employees who were authorized to travel to the conference by each such official; and
"(3) the total cost of travel by officers and employees of Executive branch agencies to the international conference.
"(e)
"(1) the President or the Vice President;
"(2) any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a protective function, or who is engaged in a sensitive diplomatic mission; or
"(3) any officer or employee who travels prior to January 1, 1999.
"(f)
"(1)
"(2)
"(A) an entity or entities, other than the General Accounting Office, defined in
"(B) the Executive Office of the President (except as provided in subsection (e)).
"(3)
"(g)
"(1) the total Federal expenditure of all official international travel in each Executive branch agency during the previous fiscal year; and
"(2) the total number of individuals in each agency who engaged in such travel."
Reporting of Employee Relocation Expenses
GAO Audit of Agency Compliance
Section 5(b) of
Section Referred to in Other Sections
This section is referred to in
§5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses
(a)(1) For the purpose of making payments under this chapter for lodging expenses incurred in a State, each agency shall ensure that not less than 90 percent of the commercial-lodging room nights for employees of that agency for a fiscal year are booked in approved places of public accommodation.
(2) Each agency shall establish explicit procedures to satisfy the percentage requirement of paragraph (1).
(3) An agency shall be considered to be in compliance with the percentage requirement of paragraph (1) until September 30, 2002, and after that date if travel arrangements of the agency, whether made for civilian employees, members of the uniformed services, or foreign service personnel, are made through travel management processes designed to book commercial lodging in approved places of public accommodation, whenever available.
(b) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to approved places of public accommodation. The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a State.
(c) The Administrator of General Services may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that is not an approved place of public accommodation.
(d) The Administrator of General Services shall include in each directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped.
(e) The Administrator of General Services may take any additional actions the Administrator determines appropriate to facilitate the ability of employees traveling on official business to stay at approved places of public accommodation.
(f) For purposes of this section:
(1) The term "agency" does not include the government of the District of Columbia.
(2) The term "approved places of public accommodation" means hotels, motels, and other places of public accommodation that are listed by the Director of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (
(3) The term "State" means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States.
(Added
Amendments
1997—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Effective Date
Section 4(c) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in title 16 sections 5608, 5709.
§5708. Effect on other statutes
This subchapter does not modify or repeal—
(1) any statute providing for the traveling expenses of the President;
(2) any statute providing for mileage allowances for Members of Congress;
(3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or
(4) any appropriation statute item for examination of estimates in the field.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1), (2) | June 9, 1949, ch. 185, §8, |
|
(3), (4) | June 9, 1949, ch. 185, §9, |
In paragraph (2), the words "Members of Congress" are substituted for "the President of the Senate or Members of Congress" in view of the definition of "Member of Congress" in section 2106.
The first sentence of section 9 of the Act of June 9, 1949, which repealed the Subsistence Act of 1926 and the Auto Mileage Act of February 14, 1931, is omitted as executed.
The first proviso of former section 842, which related to appropriation Acts for the years 1949 and 1950, is omitted as obsolete. The remainder of former section 842, other than the parenthetical expressions, is omitted as executed and existing rights are preserved by technical section 8.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474.
§5709. Air evacuation patients: furnished subsistence
Notwithstanding any other provision of law, and under regulations prescribed under
(Added
§5710. Authority for travel expenses test programs
(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.
(Added
References in Text
The date of the enactment of the Travel and Transportation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 8 section 1353; title 46 App. section 1717.
§5721. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) a court of the United States;
(D) the Administrative Office of the United States Courts;
(E) the Library of Congress;
(F) the Botanic Garden;
(G) the Government Printing Office; and
(H) the government of the District of Columbia;
but does not include a Government controlled corporation;
(2) "employee" means an individual employed in or under an agency;
(3) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii;
(4) "Government" means the government of the United States and the government of the District of Columbia;
(5) "appropriation" includes funds made available by statute under
(6) "United States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Panama that are made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); and
(7) "Foreign Service of the United States" means the Foreign Service as constituted under the Foreign Service Act of 1980.
(
Historical and Revision Notes
The section is based on sections 18 and 19 of the Act of Aug. 2, 1946, ch. 744,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in par. (6), is classified to
The Foreign Service Act of 1980, referred to in par. (7), is
Amendments
1998—Pars. (6), (7).
1982—Par. (5).
Cross References
Definition of agency—
Applicability to provisions covering delegation of authority by agency heads, see
Applicability to provisions covering witness fees and allowances, see
Section Referred to in Other Sections
This section is referred to in
§5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States
(a) Under regulations prescribed under
(1) travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States;
(2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and
(3) the expenses of transporting a privately owned motor vehicle as authorized under
(b) An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of—
(1) one school year as determined under
(2) 12 months after his appointment, if selected for appointment to any other position;
unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.
(c) An agency may pay expenses under subsection (a)(2) of this section only after the individual has served for a minimum period of—
(1) one school year as determined under
(2) not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position;
unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience.
(d) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §7, |
||
Aug. 30, 1961, |
In subsections (b)(1) and (c)(1), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a)(2).
Subsec. (b).
1996—Subsec. (a).
Subsec. (a)(3).
Effective Date of 1996 Amendment
Section 1725(a) of title XVII of div. A of
Regulations
Section 1725(b) of title XVII of div. A of
Assessment of Cost Savings
Section 1724 of title XVII of div. A of
Section Referred to in Other Sections
This section is referred to in
§5723. Travel and transportation expenses of new appointees and student trainees
(a) Under regulations prescribed under
(1) travel expenses (A) of a new appointee, or a student trainee when assigned on completion of college work, to any position, (B) of a new appointee to the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or (C) of any person appointed by the President to a position the rate of pay for which is equal to or higher than the minimum rate of pay payable for a position classified above GS–15 pursuant to section 5108;
(2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by
(3) the expenses of transporting a privately owned motor vehicle as authorized under
from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by
(b) An agency may pay travel and transportation expenses under subsection (a) of this section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his appointment or assignment, unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.
(c) An agency may pay travel and transportation expenses under subsection (a) of this section whether or not the individual selected has been appointed at the time of the travel. In the case of an appointee described in subsection (a)(1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (
(d) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 25, 1958, |
||
July 5, 1960, |
||
Oct. 16, 1963, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3 of the Presidential Transition Act of 1963, referred to in subsecs. (a) and (c), is section 3 of
Amendments
1998—Subsec. (b).
1996—Subsec. (a).
Subsec. (a)(3).
1992—
Subsecs. (d), (e).
1990—Subsec. (a)(1)(A).
Subsec. (a)(1)(C).
1988—Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
1984—Subsec. (a)(1).
1983—Subsec. (a)(1).
1978—Subsec. (a)(1).
Subsec. (d).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1983 Amendment; Regulations
Amendment by
Effective Date of 1978 Amendment
Amendment by sections 305 and 906(a)(2), (3) of
Amendment by section 409(a) of
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis
(a) Under regulations prescribed under
(1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under
(2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 18,000 pounds net weight; and
(3) upon the separation (or death in service) of a career appointee, as defined in
(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
(B) is eligible to receive an annuity upon such separation (or, in the case of death in service, met the requirements for being considered eligible to receive an annuity, as of date of death) under the provisions of subchapter III of
(b) Under regulations prescribed under
(1) a reasonable allowance for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or
(2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee.
However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer.
(c) Under regulations prescribed under
(d) When an employee transfers to a post of duty outside the continental United States, his expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under
(e) When an employee transfers from one agency to another, the agency to which he transfers pays the expenses authorized by this section. However, under regulations prescribed under
(f) An advance of funds may be made to an employee under regulations prescribed under
(g) The allowances authorized by this section do not apply to an employee transferred under the Foreign Service Act of 1980.
(h) When a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the United States, or at his request, his expenses of travel and transportation and the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds.
(i) An agency may pay travel and transportation expenses (including storage of household goods and personal effects) and other relocation allowances under this section and
(j) The regulations prescribed under this section shall provide that the reassignment or transfer of any employee, for permanent duty, from one official station or agency to another which is outside the employee's commuting area shall take effect only after the employee has been given advance notice for a reasonable period. Emergency circumstances shall be taken into account in determining whether the period of advance notice is reasonable.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §1(a), (b), Sept. 23, 1950, ch. 1010, §§1(a), (b), 3(b), |
||
Feb. 12, 1958, |
||
Sept. 6, 1960, |
||
Oct. 9, 1962, |
In subsections (a)(1) and (f), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5724(a)(2) | 5 App.: 73b–1(a). | July 21, 1966, |
5724(c) | 5 App.: 73b–1(b). | July 21, 1966, |
5724(e) | 5 App.: 73b–4d. | July 21, 1966, |
5724(i) | 5 App.: 73b–4f. | July 21, 1966, |
Subsection (a)(1), (3) of section 1 of the act of July 21, 1966, was effected in the codification of
In subsection (e), the word "However" is substituted for "and notwithstanding the provisions of the fourth proviso of section 1(a) of this Act" to reflect the codification of that proviso in
In subsection (i), the words "An agency may pay * * * expenses * * * and allowances under this section and
References in Text
The Foreign Service Act of 1980, referred to in subsec. (g), is
Amendments
1998—Subsec. (a)(3).
Subsec. (i).
1997—Subsec. (a)(3).
1996—Subsecs. (a), (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
1994—Subsec. (a)(3).
"(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
"(B) is eligible to receive an annuity upon such separation under the provisions of subchapter III of
Subsec. (a)(3)(A).
1992—Subsec. (a)(3)(A).
1988—Subsec. (a)(3).
Subsec. (a)(3)(A).
1983—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (i).
Subsec. (j).
1980—Subsec. (g).
1968—Subsec. (e).
Effective Date of 1997 Amendment
Section 3550(c)(3) of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 3(b) of
Section 5(a) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Section 118(c) of
"(1) The amendments made by subsection (a) [enacting
"(2) Not later than thirty days after the date of the enactment of this joint resolution, the President shall prescribe the regulations required under the amendments made by subsection (a). Such regulations shall take effect as of such date of enactment."
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Moving Expenses for Family of Career Appointees Dying in Service Between January 1, 1994, and October 6, 1994
Section 5(b) of
"(1)
"(2)
"(i) before separating from Government service; and
"(ii) during the period beginning on January 1, 1994, and ending on the effective date of this Act [Oct. 6, 1994].
"(3)
Funding of Amendments by Pub. L. 100–440
Section 629(b) of
Funding of Amendments by Pub. L. 98–151
Section 118(b) of
Rates of Reimbursement
Administrator of General Services empowered to prescribe regulations relating to establishment of rates used in reimbursing civilian officers or employees of Government on a commuted basis in lieu of payment of actual expenses of transportation, etc., of their household goods and personal effects upon transfer from one official station to another, see Ex. Ord. No. 11012, Mar. 28, 1962, 27 F.R. 2983, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5724a. Relocation expenses of employees transferred or reemployed
(a) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, a per diem allowance or the actual subsistence expenses, or a combination thereof, of the immediate family of the employee for en route travel of the immediate family between the employee's old and new official stations.
(b)(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within the United States—
(A) the expenses of transportation of the employee and the employee's spouse for travel to seek permanent residence quarters at a new official station; and
(B) either—
(i) a per diem allowance or the actual subsistence expenses (or a combination of both); or
(ii) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services.
(2) Expenses may be allowed under paragraph (1) only for one round trip in connection with each change of station of the employee.
(c)(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government—
(A) actual subsistence expenses of the employee and the employee's immediate family for a period of up to 60 days while the employee or family is occupying temporary quarters when the new official station is located within the United States; or
(B) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services, instead of the actual subsistence expenses authorized in subparagraph (A) of this paragraph.
(2) The period authorized in paragraph (1) of this subsection for payment of expenses for residence in temporary quarters may be extended up to an additional 60 days if the head of the agency concerned or the designee of such head of the agency determines that there are compelling reasons for the continued occupancy of temporary quarters.
(3) The regulations implementing paragraph (1)(A) shall prescribe daily rates and amounts for subsistence expenses per individual.
(d)(1) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station and purchase of a residence at the new official station that are required to be paid by the employee, when the old and new official stations are located within the United States.
(2) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government from a post of duty located outside the United States to an official station within the United States (other than the official station within the United States from which the employee was transferred when assigned to the foreign tour of duty)—
(A) expenses required to be paid by the employee of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station from which the employee was transferred when the employee was assigned to the post of duty located outside the United States; and
(B) expenses required to be paid by the employee of the purchase of a residence at the new official station within the United States.
(3) Reimbursement of expenses under paragraph (2) of this subsection shall not be allowed for any sale (or settlement of an unexpired lease) or purchase transaction that occurs prior to official notification that the employee's return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the post of duty outside the United States.
(4) Reimbursement for brokerage fees on the sale of the residence and other expenses under this subsection may not exceed those customarily charged in the locality where the residence is located.
(5) Reimbursement may not be made under this subsection for losses incurred by the employee on the sale of the residence.
(6) This subsection applies regardless of whether title to the residence or the unexpired lease is—
(A) in the name of the employee alone;
(B) in the joint names of the employee and a member of the employee's immediate family; or
(C) in the name of a member of the employee's immediate family alone.
(7)(A) In connection with the sale of the residence at the old official station, reimbursement under this subsection shall not exceed 10 percent of the sale price.
(B) In connection with the purchase of a residence at the new official station, reimbursement under this subsection shall not exceed 5 percent of the purchase price.
(8) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government expenses of property management services, instead of expenses under paragraph (1) or (2) of this subsection for sale of the employee's residence, when the agency determines that such transfer is advantageous and cost-effective for the Government.
(e) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government, the expenses of property management services when the employee transfers to a post of duty outside the United States. Such payment shall terminate upon return of the employee to an official station within the United States.
(f)(1) Under regulations prescribed under section 5738 and subject to paragraph (2), an employee who is reimbursed under subsections (a) through (e) of this section or
(A) not to exceed two weeks' basic pay, if such employee has an immediate family; or
(B) not to exceed one week's basic pay, if such employee does not have an immediate family.
(2) Amounts paid under paragraph (1) may not exceed amounts determined at the maximum rate payable for a position at GS–13 of the General Schedule.
(g) A former employee separated by reason of reduction in force or transfer of function who within one year after the separation is reemployed by a nontemporary appointment at a different geographical location from that where the separation occurred, may be allowed and paid the expenses authorized by
(h) Payments for subsistence expenses, including amounts in lieu of per diem or actual subsistence expenses or a combination thereof, authorized under this section may not exceed the maximum payment allowed under regulations which implement
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5724a(a) | 5 App.: 73b–4a. | July 21, 1966, |
5724a(b) | 5 App.: 73b–4b. | July 21, 1966, |
5724a(c) | 5 App.: 73b–4e. | July 21, 1966, |
In subsection (a), the word "agency" is substituted for "department" to conform to the definition in
In subsection (b), the words "this subchapter" and "subsection (a) of this section or
In subsection (c), the word "officer" is omitted as included in "employee". The words "
References in Text
The General Schedule, referred to in subsec. (f)(2), is set out under
Amendments
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(1)(B)(ii).
Subsec. (c)(1).
Subsec. (c)(1)(B).
Subsec. (d)(1), (2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(8).
Subsec. (e).
Subsec. (f)(1).
Subsec. (i).
Subsec. (j).
1997—Subsec. (j).
1996—
Subsec. (c).
Subsec. (d).
Subsec. (d)(8).
Subsec. (e).
Subsecs. (f) to (j).
1990—Subsec. (a)(2).
1987—Subsec. (a)(4)(A).
1986—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1983—Subsec. (a)(3).
Subsec. (a)(4).
1979—Subsec. (a)(3), (4).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 101(m) [title VI, §628(a)(2)] of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Effective Date of 1979 Amendment
Amendment by
Extension of Payment of Relocation Expenses to Puerto Rico, Northern Mariana Islands, and Territories and Possessions of the United States
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724b. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred
(a) Under regulations prescribed under
(b) For the purposes of this section, "moving or storage expenses" means travel and transportation expenses (including storage of household goods and personal effects under
(Added
Codification
Prior to amendment by
Amendments
1996—Subsec. (a).
1984—
Effective Date of 1996 Amendment
Amendment by
Effective Date; Promulgation of Regulations
Enactment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
1 See Codification note below.
§5724c. Relocation services
Under regulations prescribed under
(Added
Amendments
1996—
1984—
Effective Date of 1996 Amendment
Amendment by
Effective Date; Promulgation of Regulations
Enactment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5725. Transportation expenses; employees assigned to danger areas
(a) When an employee of the Government is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone—
(1) from which his immediate family should be evacuated; or
(2) to which they are not permitted to accompany him;
because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family, Government funds may be used to transport his immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his intent, the immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may designate an alternate location.
(b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in subsection (a) of this section, Government funds may be used to transport his immediate family and household goods and personal effects from the designated or alternate location to the duty station.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 23, 1960, ch. 1010, §1(c), |
The word "employee" is substituted for "civilian officers and employees" in view of the definition of "employee" in sections 5721 and 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§5726. Storage expenses; household goods and personal effects
(a) For the purpose of subsection (b) of this section, "household goods and personal effects" means such personal property of an employee and his dependents as authorized under regulations prescribed under
(b) Under regulations prescribed under
(1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or
(2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy.
The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724(a), may not exceed 18,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section.
(c) Under regulations prescribed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
The word "employee" is substituted for "civilian officer or employee" in view of the definition of "employee" in sections 5721 and 2105.
In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5726(c) | 5 App.: 73b–4c. | July 21, 1966, |
The amendment of subsection (a) of
Subsection (b) of
In subsection (c), the word "employee" is substituted for "civilian officer or employee" to conform to the definitions in
Subsection (b) of section 25 of the Administrative Expenses Act of 1946 (added by section 2 of
Amendments
1996—Subsec. (a).
Subsecs. (b), (c).
1983—Subsec. (b).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5727. Transportation of motor vehicles
(a) Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile.
(b) Under regulations prescribed under
(1) the employee is assigned to the post of duty for other than temporary duty; and
(2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty.
(c) Under regulations prescribed under
(d) An employee may transport only one motor vehicle under subsection (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the continental United States during the 4-year period after the date of transportation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle.
(e) When the head of an agency authorizes transportation under subsection (b) or (c) of this section of a privately owned motor vehicle, the transportation may be by—
(1) commercial means, if available at reasonable rates and under reasonable conditions; or
(2) Government means on a space-available basis.
(f)(1) This section, except subsection (a), does not apply to—
(A) the Foreign Service of the United States; or
(B) the Central Intelligence Agency.
(2) This section, except subsection (a), does not affect
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1932, ch. 314, §209, |
|
Aug. 13, 1946, ch. 957, §1131(64), 60 Stat. Stat. 1040. | ||
(b)–(e) | Sept. 6, 1960, Feb. 5, 1964, |
In subsection (a), the proviso in former section 73c is omitted as superseded by
In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by
The last sentence of subsection (f) of former section 73b–1 which provided that for the purposes of that subsection and subsection (e), which is carried into section 5726, Alaska shall be considered to be outside the continental limits of the United States is omitted as unnecessary in view of the definition of "continental United States" in section 5721(4).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (d).
1996—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1980—Subsec. (e)(2).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5728. Travel and transportation expenses; vacation leave
(a) Under regulations prescribed under
(b) Under regulations prescribed under
(c)(1) Under regulations prescribed under
(2) The expenses payable under paragraph (1) of this subsection are the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty in Alaska or Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, incurred after he has satisfactorily completed an agreed period of service in Alaska or Hawaii and in returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty in Alaska or Hawaii under a new written agreement made before departing from the post of duty.
(3) The payment of expenses of any employee and the transportation of his family under paragraph (1) of this subsection is limited to the expenses of travel and transportation incurred for not more than two round trips commenced within 5 years after the date the employee first commences any period of consecutive tours of duty in Alaska or Hawaii.
(d) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 31, 1954, ch. 1155 (1st proviso), |
|
(b) | Sept. 2, 1958, |
The first 14 words of subsections (a) and (b), and subsection (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into section 5722.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b).
1996—Subsecs. (a) to (c)(1).
1982—Subsecs. (a), (b).
Subsecs. (c), (d).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 351(c), (d) of
"(c)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect with respect to expenses incurred after the date of enactment of this Act [Sept. 8, 1982] for round-trip travel (commenced after such date) of an employee or transportation of his immediate family from his post of duty to the place of his actual residence at the time of appointment or transfer to the post of duty.
"(2) The amendments made by this section [amending this section] shall not apply to any employee who is serving a tour of duty at a post of duty in Alaska or Hawaii on the date of the enactment of this Act [Sept. 8, 1982] during—
"(A) such tour of duty, and
"(B) any other consecutive tour of duty following such tour of duty.
"(d) For the purposes of subsection (c), the term 'employee' shall have the same meaning as provided in
§5729. Transportation expenses; prior return of family
(a) Under regulations prescribed under
(1) he has acquired eligibility for that transportation; or
(2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control.
(b) Under regulations prescribed under
(1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and
(2) he acquires eligibility for those transportation expenses.
(c) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 31, 1954, ch. 1155 (less 1st proviso), |
The first 14 words of subsections (a) and (b), and subsection (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into section 5722. The words "household effects" and "household goods" in the 5th and 6th provisos of former section 73b–3(a) are changed to "household goods and personal effects" for clarity and consistency in the use of the words elsewhere in this subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsecs. (a), (b).
1996—Subsecs. (a), (b).
Effective Date of 1996 Amendment
Amendment by
§5730. Funds available
Funds available for travel expenses of an employee are available for expenses of transportation of his immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §1(c). |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5731. Expenses limited to lowest first-class rate
(a) The allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed under
(1) lowest first-class accommodations are not available; or
(2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes.
(b) Instead of the maximum fixed by subsection (a) of this section, the allowance to an employee of the Government for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Mar. 3, 1933, ch. 212, §10, |
|
Aug. 2, 1946, ch. 744, §6, |
||
(b) | May 28, 1938, ch. 289, §811, |
In subsection (a), the words "by or under authority of law" are omitted as surplusage.
In subsection (b), the words "by or under authority of law" are omitted as surplusage. The words "after the date of the enactment of this Act" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b).
1996—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 2 section 476; title 16 sections 916l, 961, 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 sections 287e, 287r, 2024; title 42 sections 2477, 4277; title 50 section 403e.
§5732. General average contribution; payment or reimbursement
Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the Government, volunteers as defined by
(1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported;
(2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or
(3) when the individual concerned selected the means of shipment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 4, 1954, ch. 264, §4, |
||
Dec. 13, 1963, |
The word "personal" is added before the word "effects" for clarity and to preserve consistency throughout this subchapter. The words "employees of the United States . . . and members of the uniformed services" are substituted for "military personnel and civilian employees of departments and agencies of the Federal Government". The words "a volunteer as defined by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—
Ex. Ord. No. 10614. Payment of General-Average Contributions in Connection With Transportation of Effects
Ex. Ord. No. 10614, May 25, 1955, 20 F.R. 3699, provided:
(a) The term "military personnel" means members and former and deceased members of the uniformed services as defined in section 102 of the Career Compensation Act of 1949 (
(b) The term "civilian employees" means civilian officers and employees of a department, including Foreign Service personnel, and former and deceased civilian officers and employees.
(c) The terms "military personnel" and "civilian employees" shall also include those individuals enumerated under the term "person" as defined in section 1 of the Missing Persons Act, as amended [now
(d) The term "department" means an executive department, independent establishment, or other agency of the Federal Government, including wholly-owned or controlled Government corporations.
(e) The term "general-average contribution" means the contribution by all parties to a sea venture (1) to make good the loss sustained by any one of their number on account of voluntary sacrifices made of part of the ship or cargo to save the residue or the lives of those on board from impending peril, or (2) for extraordinary expenses necessarily incurred for the common benefit and safety of all.
(f) The term "household goods" means such baggage, household goods, and effects, including privately-owned automobiles and professional books, papers, and equipment, of military personnel and civilian employees as are authorized to be transported at Government expense by law or regulations pursuant to law.
(a) In case the shipment of household goods is made under law or regulation pursuant to law which provides for reimbursement to the military person or civilian employee concerned on a commuted basis in lieu of payment by the Government of the actual costs of the shipment; or
(b) In case the military person or civilian employee concerned has himself selected the means of shipment; or
(c) To quantities of household goods (excluding automobiles) shipped in excess of quantities authorized to be transported by law or regulation pursuant to law. In any case of such excess shipment, the liability of the Government for the employee's general-average contribution shall not exceed the proportion that the applicable limitation, by weight or volume, bears to the total quantity, by weight or volume, of the household goods shipped.
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in title 12 section 1701h; title 22 section 2504.
§5733. Expeditious travel
The travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel.
(Added
Effective Date
Section effective thirty days after Dec. 16, 1967, see section 220(a)(4) of
Section Referred to in Other Sections
This section is referred to in title 16 section 2443.
§5734. Travel, transportation, and relocation expenses of employees transferred from the Postal Service
Notwithstanding the provisions of any other law, officers and employees of the United States Postal Service promoted or transferred under
(Added
Effective Date
Section effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of
§5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service
(a)
(b)
(1) is scheduled for separation from the Department, other than for cause;
(2) is selected for appointment to a continuing position with the United States Postal Service; and
(3) accepts the appointment.
(Added
Effective Date
Section 345(b) of
Section Referred to in Other Sections
This section is referred to in
§5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees
An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in
(Added
Effective Date
Section 1605(b) of
§5737. Relocation expenses of an employee who is performing an extended assignment
(a) Under regulations prescribed under
(1) Travel expenses to and from the assignment location in accordance with
(2) Transportation expenses of the immediate family and household goods and personal effects to and from the assignment location in accordance with
(3) A per diem allowance for en route travel of the employee's immediate family to and from the assignment location in accordance with
(4) Travel and transportation expenses of the employee and spouse to seek new residence quarters at the assignment location in accordance with
(5) Subsistence expenses of the employee and the employee's immediate family while occupying temporary quarters upon commencement and termination of the assignment in accordance with
(6) An amount, in accordance with section 5724a(f), to be used by the employee for miscellaneous expenses of this title.1
(7) The expenses of transporting a privately owned motor vehicle or vehicles to the assignment location in accordance with
(8) An allowance as authorized under
(9) Expenses of nontemporary storage of household goods and personal effects as defined in
(10) Expenses of property management services.
(b) An agency shall not make payment under this section to or on behalf of the employee for expenses incurred after termination of the temporary assignment.
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
§5738. Regulations
(a)(1) Except as specifically provided in this subchapter, the Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter.
(2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any implementing regulation for any employee relocating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under authority provided in the regulations pursuant to this paragraph shall be effective notwithstanding any other provision of this subchapter.
(b) In prescribing regulations for the implementation of
(c) The Secretary of Defense shall prescribe regulations necessary for the implementation of
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
Section Referred to in Other Sections
This section is referred to in
§5739. Authority for relocation expenses test programs
(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary relocation expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.
(Added
References in Text
The date of the enactment of the Travel and Transportation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
§5741. General prohibition
Except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 7, 1897, ch. 3, §1 (last proviso on p. 86), |
The words "a military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad
(a) For the purpose of this section, "agency" means—
(1) an Executive agency;
(2) a military department;
(3) an agency in the legislative branch; and
(4) an agency in the judicial branch.
(b) When an employee dies, the head of the agency concerned, under regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activity in which the employee was engaged—
(1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the United States or while performing official duties outside the continental United States or in transit thereto or therefrom;
(2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting household effects and other personal property to his former home or such other place as is determined by the head of the agency concerned, if death occurred while the employee was performing official duties outside the continental United States or in transit thereto or therefrom; and
(3) the travel expenses of not more than 2 persons to escort the remains of a deceased employee, if death occurred while the employee was in travel status away from his official station in the United States or while performing official duties outside the United States or in transit thereto or therefrom, from the place of death to the home or official station of such person, or such other place appropriate for interment as is determined by the head of the agency concerned.
(c) When a dependent of an employee dies while residing with the employee performing official duties outside the continental United States or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when—
(1) local commercial mortuary facilities and supplies are not available; or
(2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency.
Reimbursement for the cost of mortuary services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs.
(d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred.
(e) Employees covered by this section include an employee who has been reassigned away from the employee's home of record pursuant to a mandatory mobility agreement executed as a condition of employment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | July 8, 1940, ch. 551, §1, |
|
(d) | July 8, 1940, ch. 551, §2, |
Subsection (a) is based on the words "department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called department" in former section 103a. The terms "Executive agency" and "military department" include a department, independent establishment, agency, or federally owned or controlled corporation in the executive branch because of the definitions in sections 105 and 102.
The words "a military department" are included to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Subsection (b) is restated for clarity and conciseness and to eliminate redundancy. In paragraphs (1) and (2), the words "outside the United States" are coextensive with and substituted for "in a Territory or possession of the United States or in a foreign country".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b)(3).
1990—Subsec. (b)(1), (2).
Subsec. (e).
Delegation of Functions
Authority of President under subsec. (b) of this section to prescribe regulations with respect to payment of expenses when an employee dies delegated to Administrator of General Services, see section 1(13) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(b) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1970—
§5751. Travel expenses of witnesses
(a) Under such regulations as the Attorney General may prescribe, an employee as defined by
(b) An employee as defined by
(Added
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in title 2 section 1385.
§5752. Travel expenses of Senior Executive Service candidates
Employing agencies may pay candidates for Senior Executive Service positions travel expenses incurred incident to preemployment interviews requested by the employing agency.
(Added
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§5753. Recruitment and relocation bonuses
(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position.
(b)(1)(A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated.
(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.
(2) Payment of a bonus under this section shall be contingent upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis.
(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee.
(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "a position under the General Schedule" or "an employee under the General Schedule" shall be considered to be a reference to any position or employee to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).
(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).
(Added
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
Section Referred to in Other Sections
This section is referred to in
§5754. Retention allowances
(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if—
(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and
(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance.
(b)(1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay.
(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of
(3) A retention allowance shall be paid at the same time and in the same manner as the employee's basic pay is paid.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).
(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).
(Added
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
Delegation of Functions
Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(c) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5755. Supervisory differentials
(a)(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
(b)(1) A supervisory differential, which shall be stated as a percentage of the supervisory employee's rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee's pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.
(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of
(3) A supervisory differential shall be paid in the same manner and at the same time as the employee's basic pay is paid.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.
(Added
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
Section Referred to in Other Sections
This section is referred to in
§5756. Home marketing incentive payment
(a) Under regulations prescribed under subsection (b), an agency may pay to an employee who transfers in the interest of the Government an amount to encourage the employee to aggressively market the employee's residence at the official station from which transferred when—
(1) the residence is entered into a relocation services program established under a contract in accordance with
(2) the employee finds a buyer who completes the purchase of the residence through the program; and
(3) the sale of the residence results in a reduced cost to the Government.
(b)(1) The Administrator of General Services shall prescribe regulations to carry out this section.
(2) The regulations shall include a limitation on the maximum amount payable with respect to an employee's residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence.
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
CHAPTER 59 —ALLOWANCES
SUBCHAPTER I—UNIFORMS
SUBCHAPTER II—QUARTERS
SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES
SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES
Amendments
1991—
1983—
1980—
1978—
1971—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—UNIFORMS
§5901. Uniform allowances
(a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a showing of necessity or desirability, such sums as may be necessary to carry out this subchapter. The head of the agency concerned, out of funds made available by the appropriation, shall—
(1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or
(2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).
The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under
(b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section.
(c) An allowance paid under this section is not wages within the meaning of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Sept. 1, 1954, ch. 1208, §402, |
|
(c) | Sept. 1, 1954, ch. 1208, §403 (less applicability to the Civil Service Retirement Act, as amended), |
|
(d) | Sept. 1, 1954, ch. 1208, §404, |
In subsection (a), the word "concerned" is substituted for "to which any such appropriation is made".
In subsection (b), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority.
In subsections (b) and (d), the word "rules" is omitted as covered by the word "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.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5901(a) | 5 App.: 2131. | Oct. 29, 1965, July 18, 1966, |
The amendment to the third sentence of subsection (a) of
Amendments
1992—Subsec. (a)(1), (2).
1990—Subsec. (a).
Subsec. (a)(1), (2).
Effective Date of 1990 Amendment
Amendment by
Availability of Appropriations for Uniforms and Uniform Allowances
Similar provisions were contained in the following prior appropriation acts:
Section Referred to in Other Sections
This section is referred to in
§5902. Increase in maximum uniform allowance
The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5902 | 5 App.: 2134. | July 18, 1966, |
The words "any other provision of" following "Notwithstanding" are omitted as unnecessary. The words "
Amendments
1990—
"(1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent.
"(2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent.
"(3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent.
"(4) If the maximum uniform allowance is less than $50, it is increased by 40 percent.
The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced."
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5903. Regulations
The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5903 | 5: 5901(d). | [None.] |
The regulatory authority contained in
Amendments
1990—
1979—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—QUARTERS
§5911. Quarters and facilities; employees in the United States
(a) For the purpose of this section—
(1) "Government" means the Government of the United States;
(2) "agency" means an Executive agency, but does not include the Tennessee Valley Authority;
(3) "employee" means an employee of an agency;
(4) "United States" means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Rico;
(5) "quarters" means quarters owned or leased by the Government; and
(6) "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service.
(b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.
(c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.
(d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law.
(e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.
(f) The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section.
(g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute.
(h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing—
(1) is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and
(2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 20, 1964, |
|
(b) | Aug. 20, 1964, |
|
(c) | Aug. 20, 1964, |
|
(d) | Aug. 20, 1964, |
|
(e) | Aug. 20, 1964, |
|
(f) | Aug. 20, 1964, |
|
(g) | Aug. 20, 1964, |
In subsection (a)(2), the term "Executive agency" is coextensive with and substituted for "each executive department of the Government", "each agency or independent establishment in the executive branch of the Government", "each corporation owned or controlled by the Government", and "the General Accounting Office" in view of the definition of "Executive agency" in section 105.
In subsection (a)(3), the term "employee" is substituted for "civilian officer or employee" in view of the definition of "employee" in section 2105.
Subsection (a)(7) of former section 3121 is omitted as unnecessary in view of the definition of "uniformed services" in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1985—Subsec. (h).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (f) of this section to issue regulations provided for therein (relating to provision, occupancy, and availability of quarters and facilities, determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out provisions of this section) delegated to Director of Office of Management and Budget, see section 9(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Deposit in Special Fund of Rents and Charges Collected for Use or Occupancy of Quarters
Cross References
Deductions from salaries of officers and crews of vessels of the Fish and Wildlife Service for quarters and rations as unauthorized by this section, see
Section Referred to in Other Sections
This section is referred to in title 16 sections 17o, 754; title 25 section 450j; title 42 section 12655n.
§5912. Quarters in Government owned or rented buildings; employees in foreign countries
Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 26, 1930, ch. 622, Sept. 6, 1960, |
The words "which appropriations are hereby authorized" are omitted as unnecessary in view of section 5509.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5913. Official residence expenses
(a) For the purpose of this section, "agency" has the meaning given it by
(b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for—
(1) the chief representatives of the United States at the posts; and
(2) such other senior officials of the Government of the United States as the President may designate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §22, added Sept. 6, 1960, |
The word "agency" is substituted for "department" and defined to conform to the definition of "department" in section 18 of the Act of Aug. 2, 1946, ch. 744,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Delegation of Functions
Secretary of State empowered to prescribe regulations governing allotment to posts in foreign countries, for purpose stated in this section, of funds available to the departments for administrative expenses, and to designate senior officials of this Government in foreign countries, see section 1(c) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 22 sections 287e, 287e–1, 2687; title 26 section 912.
SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES
§5921. Definitions
For the purpose of this subchapter—
(1) "Government" means the Government of the United States;
(2) "agency" means an Executive agency and the Library of Congress, but does not include a Government controlled corporation;
(3) "employee" means an employee in or under an agency and more specifically defined by regulations prescribed by the President;
(4) "United States", when used in a geographical sense, means the several States and the District of Columbia;
(5) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; and
(6) "foreign area" means—
(A) the Trust Territory of the Pacific Islands; and
(B) any other area outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and territories and possessions of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In paragraph (1), the words "of America" are omitted as unnecessary.
In paragraph (2), the word "agency" is substituted for "Government agency". The term "Executive agency" is substituted for the reference to "each executive department of the Government, each independent establishment or agency in the executive branch of the Government, including each corporation wholly owned (either directly or through one or more corporations) by the Government". The exception of "a Government controlled corporation" is added to preserve the application of this subchapter to corporations wholly owned by the Government.
In paragraph (3), the word "employee" is substituted for "individual in the civilian service" in view of the definition of "employee" in section 2105. Reference to "ambassadors, ministers, and officers of the Foreign Service under the Department of State" is omitted as included in the definition of "employee".
In paragraph (4), the words "of the United States of America" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
For definition of Canal Zone, referred to in text, see
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Limitation on Housing Benefits
"(a)
"(b)
Amendment, Modification, or Supersedure of Provisions Inconsistent With the Overseas Differentials and Allowances Act
Section 511(b) of
Appropriations
Section 501(a) of
References to Provisions Affected by the Overseas Differentials and Allowances Act
Section 521 of
Transitional Provisions for Payment of Allowances and Differentials
Section 522 of
Ex. Ord. No. 10903. Delegation of Regulatory Authority
Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, as amended by Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by
(a) The authority vested in the President by
(b) The authority vested in the President by subchapter III of
(c) The authority vested in the President by
(d) The authority vested in the President by other provisions of law (including section 235(2) [now 707(a)(2)] of
(e) The authority vested in the President by
(f) [Repealed by Ex. Ord. No. 12292, §4(f), Feb. 23, 1981, 46 F.R. 13967]
(g) [Redesignated (e) by Ex. Ord. No. 12292, §4(f), Feb. 23, 1981, 46 F.R. 13967]
"
"
"(a) That part of the functions vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (
"(b) The authority vested in the President by section 8(a)(1) of the Defense Department Overseas and Teachers Pay and Personnel Practices Act (
"(c) The authority vested in the President by section 235(a) [now 707(a)(5)] of
(b) The reference in section 1 of Executive Order No. 10853 of November 27, 1959, to the regulations contained in Executive Order No. 10000 of September 16, 1948, shall be deemed to include a reference to the corresponding regulations prescribed in pursuance of the provisions of this order.
1. Parts I, III, IV, and V of Executive Order No. 10000 of September 16, 1948.
2. Executive Order No. 10011 of October 22, 1948.
3. Executive Order No. 10085 of October 28, 1949.
4. Executive Order No. 10100 of January 28, 1950.
5. Executive Order No. 10187 of December 4, 1950.
6. Executive Order No. 10261 of June 27, 1951.
7. Executive Order No. 10313 of December 14, 1951.
8. Executive Order No. 10391 of September 3, 1952.
9. Executive Order No. 10503 of December 1, 1953.
10. Executive Order No. 10623 of July 23, 1955.
11. Section 1 and, to the extent that it pertains to Executive Order No. 10000, section 3 of Executive Order No. 10636 of September 16, 1955.
(b) Existing rules and regulations prescribed in or pursuant to the Executive order provisions revoked by section 5(a) of this order, other existing rules and regulations pertaining to allowances, differentials, and other benefits corresponding to those authorized by the provisions of law referred to in this order and actions heretofore taken in pursuance of any thereof shall remain in effect until hereafter superseded in pursuance of the provisions of this order.
Ex. Ord. No. 11137. Allowances and Benefits
Ex. Ord. No. 11137, Jan. 7, 1964, 29 F.R. 223, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247;
By virtue of the authority vested in me by
Part I—Allowances and Differentials in Foreign Areas
(a) Shall, so far as practicable, be uniform.
(b) In the case of regulations prescribed by the Secretaries of the military departments, shall require the approval of the Secretary of Defense.
(c) Shall not, with respect to any locality, authorize allowances or differentials which exceed those prescribed under Executive Order No. 10903 of January 9, 1961, [set out as a note under this section], for other employees of the United States in the same locality.
Part II—Cost of Living Allowances in Certain Non-Foreign Areas
(a) Shall, so far as practicable, be uniform.
(b) Shall not apply to employees who are stationed in either the Canal Zone or in any "foreign area" as defined in
(c) Shall be limited to employees whose rates of basic compensation are fixed in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility to employees stationed in the continental United States, exclusive of Alaska.
(d) Shall not, with respect to any locality, authorize allowances which exceed those prescribed under Executive Order No. 10000 of September 16, 1948, as amended, for other employees of the United States in the same locality.
Part III—General Provisions
Section Referred to in Other Sections
This section is referred to in
§5922. General provisions
(a) Notwithstanding
(1) who is a citizen of the United States; and
(2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials provided by this subchapter, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States.
To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this subchapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States.
(b) Allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee. An advance of funds not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by—
(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(2) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned, under regulations of the President, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.
(c) The allowances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing—
(1) payments of the allowances and differentials and the respective rates at which the payments are made;
(2) the foreign areas, the groups of positions, and the categories of employees to which the rates apply; and
(3) other related matters.
(d) When a quarters allowance or allowance related to education under this subchapter, or quarters furnished in Government-owned or controlled buildings under section 5912, would be furnished to an employee but for the death of the employee, such allowances or quarters may be furnished or continued for the purpose of allowing any child of the employee to complete the current school year at post or away from post notwithstanding the employee's death.
(e) When an allowance related to education away from post under this subchapter would be authorized with respect to an employee but for the evacuation or authorized departure status of the post, such an allowance may be furnished or continued for the purpose of allowing any dependent children of such employee to complete the current school year.
(f)(1) If an employee dies at post in a foreign area, a transfer allowance under section 5924(2)(B) may be granted to the spouse or dependents of such employee (or both) for the purpose of providing for their return to the United States.
(2) A transfer allowance under this subsection may not be granted with respect to the spouse or a dependent of the employee unless, at the time of death, such spouse or dependent was residing—
(A) at the employee's post of assignment; or
(B) at a place, outside the United States, for which a separate maintenance allowance was being furnished under section 5924(3).
(3) The President may prescribe any regulations necessary to carry out this subsection.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 6, 1960, |
|
(b) | Sept. 6, 1960, |
|
(c) | Sept. 6, 1960, |
In subsection (a), the word "only" is omitted as surplusage.
In subsection (b), the words "disbursing official" are substituted for "disbursing officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1999—Subsec. (f).
1991—Subsecs. (d), (e).
Delegation of Functions
Secretary of State empowered to prescribe regulations, see section 1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 22 section 1474; title 26 section 912.
§5923. Quarters allowances
(a) When Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable:
(1) A temporary subsistence allowance for the reasonable cost of temporary quarters (including meals and laundry expenses) incurred by the employee and his family—
(A) for a period not in excess of 90 days after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and
(B) for a period of not more than 30 days immediately before final departure from the post after the necessary evacuation of residence quarters.
(2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section 3324(a) and (b) of title 31.
(3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if—
(A) the expenses are administratively approved in advance; and
(B) the duration and terms of the lease justify payment of the expenses by the Government.
(b) The 90-day period under subsection (a)(1)(A) and the 30-day period under subsection (a)(1)(B) may each be extended for not more than 60 additional days if the head of the agency concerned or his designee determines that there are compelling reasons beyond the control of the employee for the continued occupancy of temporary quarters.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—
1982—Par. (2).
Section Referred to in Other Sections
This section is referred to in
§5924. Cost-of-living allowances
The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area:
(1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph.
(2) A transfer allowance for extraordinary, necessary, and reasonable subsistence and other relocation expenses (including unavoidable lease penalties), not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in—
(A) a foreign area (including costs incurred in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements prior to departure for a post of assignment in a foreign area); or
(B) the United States after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.
(3) A separate maintenance allowance to assist an employee who is compelled or authorized, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee's post of assignment in a foreign area, or for the convenience of the Government, or who requests such an allowance because of special needs or hardship involving the employee or the employee's spouse or dependents, to meet the additional expenses of maintaining, elsewhere than at the post, the employee's spouse or dependents, or both.
(4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas), as follows:
(A) An allowance not to exceed the cost of obtaining such kindergarten, elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available, without regard to section 3324(a) and (b) of title 31. When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post. The amount of the allowance granted shall be determined on the basis of the educational facility used.
(B) The travel expenses of dependents of an employee to and from a school in the United States (or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States) to obtain an American secondary or postsecondary educational institution education (other than a program of post-baccalaureate education), not to exceed one annual trip each way for each dependent. An allowance payment under subparagraph (A) of this paragraph (4) may not be made for a dependent during the 12 months following his arrival in the United States for secondary education under authority contained in this subparagraph (B). Notwithstanding
(C) In those cases in which an adequate school is available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In paragraph (1), the word "Washington" is omitted as covered by "District of Columbia".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Individuals with Disabilities Education Act, referred to in par. (4)(A), is title VI of
For definition of Canal Zone, referred to in par. (4)(B), see
Amendments
1999—Par. (4).
1996—Par. (3).
1994—Par. (4)(A).
Par. (4)(B).
1991—Par. (1).
Par. (2).
Par. (4).
1990—Par. (3).
1986—Par. (2)(A).
1982—Par. (4)(A).
1980—Par. (3).
Par. (4)(B).
1979—Par. (4)(B).
1975—Par. (2)(A).
1974—Par. (4)(B).
1973—Par. (4)(A).
1971—Par. (3).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Secretary of State empowered to prescribe regulations governing travel expenses for dependents of certain employees, see section 1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Cross References
Employee entitled to cost-of-living allowance under this section ineligible for allowance under subsec. (a) of this section based on living costs substantially higher than in District of Columbia, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5925. Post differentials
(a) A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 25 percent of the rate of basic pay.
(b) Any employee granted a differential under subsection (a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of positions at that post. An additional differential for any employee under this subsection—
(1) may be paid for each assignment to a post determined to have such conditions;
(2) may be paid periodically or in a lump sum; and
(3) may not exceed 15 percent of the rate of basic pay of that employee for the period served under that assignment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In the last sentence, the words "Additional compensation paid as" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Extension of Foreign Post Differentials to Certain Federal Employees Who Served in Connection With Operation Desert Storm
"(a)
"(b)
"(1) it was performed as an employee—
"(A) in connection with Operation Desert Storm;
"(B) during the Persian Gulf conflict;
"(C) at a post within the area designated by the President, in Executive Order 12744 [
"(D) while a differential under
"(2) no differential under such section 5925(a) was granted to such employee for such service.
"(c)
"(d)
"(1) the term 'employee' has the meaning given such term by
"(2) the term 'Operation Desert Storm' has the meaning given such term by section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 [
"(3) the term 'Persian Gulf conflict' means the period beginning on August 2, 1990, and ending on June 2, 1991."
Section Referred to in Other Sections
This section is referred to in
§5926. Compensatory time off at certain posts in foreign areas
(a) Under regulations prescribed pursuant to this subchapter, and notwithstanding subchapter V of
(1) at an isolated post performing functions required to be maintained on a substantially continuous basis, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work; or
(2) at a post in a locality that customarily observes irregular hours of work or where other special conditions are present, in order to cope with those special circumstances, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work for use during the pay period in which it is earned.
Credit for compensatory time off earned under paragraph (2) shall not form the basis for any additional compensation.
(b) Compensatory time earned under this section shall be for use only while the employee is assigned to the post where it is earned. Any such compensatory time not used at the time the employee is reassigned to another post shall be forfeited.
(Added
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5927. Advances of pay
(a) Up to three months' pay may be paid in advance—
(1) to an employee upon the assignment of the employee to a post in a foreign area;
(2) to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who—
(A) is a citizen of the United States;
(B) is officially stationed or located outside the United States pursuant to Government authorization; and
(C) requires (or has a family member who requires) medical treatment outside the United States, in circumstances specified by the President in regulations; and
(3) to a foreign national employee appointed under section 303 of the Foreign Service Act of 1980, or a nonfamily member United States citizen appointed under such section 303 (and employed under section 311 of such Act) for service at such nonfamily member's post of residence, who—
(A) is located outside the country of employment of such foreign national employee or nonfamily member (as the case may be) pursuant to Government authorization; and
(B) requires medical treatment outside the country of employment of such foreign national employee or nonfamily member (as the case may be), in circumstances specified by the President in regulations.
(b) For the purpose of this section, the term "country of employment", as used with respect to an individual under subsection (a)(3), means the country (or other area) outside the United States where such individual is appointed (as described in subsection (a)(3)) by the Government.
(Added
References in Text
Sections 303 and 311 of the Foreign Service Act of 1980, referred to in subsec. (a)(2), (3), are classified to sections 3943 and 3951, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1999—
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5928. Danger pay allowance
An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 25 percent of the basic pay of the employee, except that if an employee is granted an additional differential under
(Added
Amendments
1983—
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Danger Pay Allowance; DEA Employee
Greater Utilization of Danger Pay Allowance
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES
Reimbursements Relating to Professional Liability Insurance
"(a)
"(b)
"(1) a law enforcement officer; or
"(2) a supervisor or management official.
"(c)
"(1) the term 'agency' means an Executive agency, as defined by
"(2) the term 'law enforcement officer' means an employee, the duties of whose position are primarily the investigation, apprehension, prosecution, detention, or supervision of individuals suspected or convicted of offenses against the criminal laws of the United States, including any law enforcement officer under section 8331(20) or 8401(17) of such title 5, or under
"(3) the terms 'supervisor' and 'management official' have the respective meanings given them by section 7103(a) of such title 5, and, with regard to the Judicial Branch, mean a justice or judge of the United States as defined in
"(4) the term 'professional liability insurance' means insurance which provides coverage for—
"(A) legal liability for damages due to injuries to other persons, damage to their property, or other damage or loss to such other persons (including the expenses of litigation and settlement) resulting from or arising out of any tortious act, error, or omission of the covered individual (whether common law, statutory, or constitutional) while in the performance of such individual's official duties as a qualified employee; and
"(B) the cost of legal representation for the covered individual in connection with any administrative or judicial proceeding (including any investigation or disciplinary proceeding) relating to any act, error, or omission of the covered individual while in the performance of such individual's official duties as a qualified employee, and other legal costs and fees relating to any such administrative or judicial proceeding.
"(d)
[
§5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska
(a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on—
(1) living costs substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
(3) both of these factors.
The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies.
(b) An employee entitled to a cost-of-living allowance under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Apr. 20, 1948, ch. 219, §207, |
||
June 30, 1948, ch. 775, §104, |
The section is reorganized and restated for clarity and conciseness.
The word "allowances" is substituted for "additional compensation" as a more apt term and for consistency.
In subsection (a), the words "Executive agency" are substituted for "executive departments, independent establishments, and wholly owned Government corporations" in view of the definition of "Executive agency" in section 105. The exception of a "Government controlled corporation" is added to preserve the application to "wholly owned Government corporation".
Subsection (b) is based on the second proviso of former section 118h and is restated to reflect the provisions of sections 511(b), (c)(7) and 521 of the Act of Sept. 6, 1960,
The last proviso of former section 118h which provided the effective date of the section is 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.
Prohibition of Reduction of Allowance; Study and Report on Adjusting Calculation of Geographic Factors
"(1) an examination of the pay practices of other employers in the affected areas;
"(2) a consideration of alternative approaches to dealing with the unusual and unique circumstances of the affected areas, including modifications to the current methodology for calculating allowances to take into account all cost of living in the geographic areas of the affected employee; and
"(3) an evaluation of the likely impact of the different approaches on the Government's ability to recruit and retain a well-qualified workforce.
For the purpose of conducting such study and preparing such report, the Office may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval."
Ex. Ord. No. 10000. Regulations Governing Additional Compensation and Credit Granted Certain Federal Employees Serving Outside the United States
Ex. Ord. No. 10000, Sept. 16, 1948, 13 F.R. 5453, as amended by Ex. Ord. No. 10636, Sept. 16, 1955, 20 F.R. 7025; Ex. Ord. No. 11938, Sept. 29, 1976, 41 F.R. 43383; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12510, Apr. 17, 1985, 50 F.R. 15535, provided:
By virtue of the authority vested in me by section 207 of the Independent Offices Appropriation Act, 1949, approved April 20, 1948 (Public Law 491, 80th Congress), as amended by section 104 of the Supplemental Independent Offices Appropriation Act, 1949, approved June 30, 1948 (Public Law 862, 80th Congress), and by sections 303, 443, and 853 of the Foreign Service Act of 1946 (
Part I—Additional Compensation in Foreign Areas
(b) Subject to the provisions of section 105(a) hereof, the classes of persons eligible to receive the foreign post differentials fixed pursuant to section 102 hereof shall include:
(1) Persons recruited or transferred from the United States.
(2) Persons employed locally but (a) who were originally recruited from the United States and have been in substantially continuous employment by other Federal agencies, United States firms, interests, or organizations, international organizations in which the United States Government participates, or foreign governments, and whose conditions of employment provide for their return transportation to the United States, or (b) who were at the time of employment temporarily absent from the United States for purposes of travel or formal study and maintained residence in the United States during such temporary absence. When used in a geographical sense in section 105(b) hereof, "United States" includes the areas included within the definition of non-foreign areas as set forth in section 201 hereof.
(3) Persons who are not normally residents of the area concerned and who are discharged from the military service of the United States in such area to accept employment therein with an agency of the Federal Government.
(a) The following regulations shall govern the payment of foreign post differentials under this Part:
(1) Payments shall begin as of the date of arrival at the post on assignment or transfer and shall end as of the date of departure from the post for separation or transfer, except that in case of local recruitment such payments shall begin and end as of the beginning and the end of employment, respectively.
(2) Payments for periods of leave and of detail shall begin and end as determined in regulations prescribed under section 102(c) hereof.
(3) Payments to persons serving on a part-time basis shall be pro-rated to cover only those periods of time for which such persons receive basic compensation.
(4) Payment shall not be made for any time for which an employee does not receive basic compensation.
Part II—Additional Compensation in Non-Foreign Areas
(b) Subject to the provisions of section 204(a) hereof, the classes of persons eligible to receive the non-foreign area post differentials fixed pursuant to section 202 hereof shall include:
(1) Persons recruited or transferred from outside the area concerned.
(2) Persons employed in the area concerned but (a) who were originally recruited from outside such area and have been in substantially continuous employment by other Federal agencies, contractors of Federal agencies, or international organizations in which the U. S. Government participates, and whose conditions of employment provide for their return transportation to places outside the area concerned, or (b) who were at the time of employment temporarily present in the area concerned for purposes of travel or formal study and maintained residence outside such area during the period so present.
(3) Persons who are not normally residents of the area concerned and who are discharged from the military service of the United States in such area to accept employment therein with an agency of the Federal Government.
(b) In fixing the non-foreign area cost-of-living allowances, the Office of Personnel Management shall make appropriate deductions when quarters or subsistence, or commissary or other purchasing privileges are furnished as a result of Federal civilian employment at a cost substantially lower than the prevailing costs in the allowance area concerned.
(a) The following regulations shall govern the payment of non-foreign area post differentials and non-foreign area cost-of-living allowances under this Part:
(1) Payments shall begin as of the date of arrival at the post on assignment or transfer and shall end as of the date of departure from the post for separation or transfer, except that in case of local recruitment such payments shall begin and end as of the beginning and end of employment, respectively.
(2) Payments for periods of leave and of detail shall begin and end as determined in regulations prescribed under section 202(c) hereof.
(3) Payments to persons serving on a part-time basis shall be prorated to cover only those periods of time for which such persons receive basic compensation.
(4) Payment shall not be made for any time for which an employee does not receive basic compensation.
Part III—Interim Arrangements
Part IV—Foreign Service Salary Differentials
[Part IV relating to Foreign Service salary differentials terminated June 30, 1951, pursuant to section 404 of this Executive Order.]
Part V—Unhealthful Posts
[Part V relating to Unhealthful Posts terminated June 30, 1951, pursuant to section 503 of this Executive Order.]
Part VI—General Provisions
Executive Order No. 12070
Ex. Ord. No. 12070, June 30, 1978, 43 F.R. 28977, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to suspension of certain requirements in determination of cost of living allowance rates, was superseded by Ex. Ord. No. 12510, Apr. 17, 1985, 50 F.R. 15535.
Section Referred to in Other Sections
This section is referred to in
§5942. Allowance based on duty at remote worksites
(a) Notwithstanding
(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 31, 1964, |
The words "of the United States" are omitted as unnecessary because of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5942 | 5 App.: 70c. | Mar. 31, 1966, |
Amendments
1990—
1971—
Effective Date of 1971 Amendment
Section 6(b) of
"(1) allowances may be paid to employees under
"(2) such regulations may be amended or revoked in accordance with such section 5942 as in effect immediately prior to the effective date of this section [Jan. 8, 1971]."
Delegation of Functions
Authority of President under this section to prescribe regulations establishing rates at which an allowance based on duty (except temporary duty) at remote worksites will be paid and defining and designating sites, areas, and groups of positions to which rates apply delegated to Office of Personnel Management, see section 8(3) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
§5942a. Separate maintenance allowance for duty at Johnston Island
(a) Notwithstanding
(1) it is necessary for the employee to maintain the employee's spouse or dependents, or both, at a location other than Johnston Island—
(A) by reason of dangerous or adverse living conditions at Johnston Island; or
(B) for the convenience of the Federal Government; and
(2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee's spouse or dependents, or both, at such other location rather than at the post.
(b) The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.
(Added
Effective Date
Section 1092(b) of
Delegation of Functions
Authority of President under this section to prescribe regulations delegated to the Office of Personnel Management by section 8(4) of Ex. Ord. No. 11609, set out as a note under
§5943. Foreign currency appreciation allowances
(a) The President, under such regulations as he may prescribe, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes.
(b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses.
(c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section.
(d) The President shall report annually to Congress all expenditures made under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Mar. 26, 1934, ch. 87, |
||
Aug. 14, 1937, ch. 627, |
||
Sept. 12, 1950, ch. 946, §301(87), |
The section is reorganized and restated for clarity and conciseness.
In subsection (a), the words "notwithstanding the provisions of any other Act" are omitted as unnecessary. The words "Secretary of the Treasury" are substituted for "Treasurer of the United States" on authority of 1950 Reorg. Plan No. 26 §§1, 2, eff. July 31, 1950,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
Subsec. (d).
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (a) of this section to make recommendations concerning meeting of losses sustained by employees and members of uniformed services while serving in a foreign country due to appreciation of foreign currency in its relation to American dollar and under subsec. (d) of this section to report annually to Congress on expenditures made under subsec. (d) of this section, delegated to Secretary of the Treasury, see section 2 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 26 section 139.
[§5944. Repealed. Pub. L. 98–164, title I, §127(b)(1), Nov. 22, 1983, 97 Stat. 1027 ]
Section,
§5945. Notary public commission expenses
An employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 11, 1956, ch. 554, §1, |
||
July 11, 1956, ch. 554, §2, |
In the first sentence, the words "to be incurred by them in order" are omitted as surplusage. The words "from and after January 1, 1955" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5946. Membership fees; expenses of attendance at meetings; limitations
Except as authorized by a specific appropriation, by express terms in a general appropriation, or by
(1) membership fees or dues of an employee as defined by
(2) expenses of attendance of an individual at meetings or conventions of members of a society or association.
This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 26, 1912, ch. 182, §8, Mar. 4, 1913, ch. 145 (3d full par. on p. 854), |
The words "or by
In the last sentence, the words "This section does not" are substituted for "That nothing contained in the Act making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes, approved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to" appearing in the Act of Mar. 4, 1913,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Payment of expenses of government employees incident to attendance at meetings, see
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations
(a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations.
(b) Notwithstanding
(1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or
(2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs.
(c) The quarters or subsistence, or both, or allowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army.
(Added
§5948. Physicians comparability allowances
(a) Notwithstanding any other provision of law, and in order to recruit and retain highly qualified Government physicians, the head of an agency, subject to the provisions of this section, section 5307, and such regulations as the President or his designee may prescribe, may enter into a service agreement with a Government physician which provides for such physician to complete a specified period of service in such agency in return for an allowance for the duration of such agreement in an amount to be determined by the agency head and specified in the agreement, but not to exceed—
(1) $14,000 per annum if, at the time the agreement is entered into, the Government physician has served as a Government physician for twenty-four months or less, or
(2) $30,000 per annum if the Government physician has served as a Government physician for more than twenty-four months.
For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 4114 1 of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (
(b) An allowance may not be paid pursuant to this section to any physician who—
(1) is employed on less than a half-time or intermittent basis,
(2) occupies an internship or residency training position,
(3) is a reemployed annuitant, or
(4) is fulfilling a scholarship obligation.
(c) The head of an agency, pursuant to such regulations, criteria, and conditions as the President or his designee may prescribe, shall determine categories of positions applicable to physicians in such agency with respect to which there is a significant recruitment and retention problem. Only physicians serving in such positions shall be eligible for an allowance pursuant to this section. The amounts of each such allowance shall be determined by the agency head, subject to such regulations, criteria, and conditions as the President or his designee may prescribe, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians.
(d) Any agreement entered into by a physician under this section shall be for a period of one year of service in the agency involved unless the physician requests an agreement for a longer period of service. No agreement shall be entered into under this section later than September 30, 2000, nor shall any agreement cover a period of service extending beyond September 30, 2002.
(e) Unless otherwise provided for in the agreement under subsection (f) of this section, an agreement under this section shall provide that the physician, in the event that such physician voluntarily, or because of misconduct, fails to complete at least one year of service pursuant to such agreement, shall be required to refund the total amount received under this section, unless the head of the agency, pursuant to such regulations as may be prescribed under this section by the President or his designee, determines that such failure is necessitated by circumstances beyond the control of the physician.
(f) Any agreement under this section shall specify, subject to such regulations as the President or his designee may prescribe, the terms under which the head of the agency and the physician may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician for each reason for termination.
(g) For the purpose of this section—
(1) "Government physician" means any individual employed as a physician or dentist who is paid under—
(A)
(B) Subchapter VIII of
(C) section 5371, relating to certain health care positions;
(D) section 3 of the Tennessee Valley Authority Act of 1933 (
(E)
(F) section 10 of the Central Intelligence Agency Act of 1949 (
(G) section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission;
(H) section 2 of the Act of May 29, 1959 2 (
(I) section 5376, relating to certain senior-level positions;
(J) section 5377, relating to critical positions; or
(K) subchapter IX of
(2) "agency" means an Executive agency, as defined in
(h)(1) Any allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and
(2) Any allowance under this section for a Government physician shall be paid in the same manner and at the same time as the physician's basic pay is paid.
(i) Any regulations, criteria, or conditions that may be prescribed under this section by the President or his designee shall not be applicable to the Tennessee Valley Authority, and the Tennessee Valley Authority shall have sole responsibility for administering the provisions of this section with respect to Government physicians employed by the Authority.
(j)(1) Not later than June 30 of each year, the President shall submit to each House of Congress a written report on the operation of this section. Each report shall include, with respect to the year covered by such report, information as to—
(A) which agencies entered into agreements under this section;
(B) the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section;
(C) the number of physicians with whom agreements were entered into by each agency;
(D) the size of the allowances and the duration of the agreements entered into; and
(E) the degree to which the recruitment or retention problems referred to in subparagraph (B) were alleviated under this section.
(2) In addition to the information required under paragraph (1), the last report due under this subsection before the expiration of the authority to enter into agreements under this section shall include—
(A) recommendations as to whether or not such authority should be continued beyond September 30, 2000, and, if so, by what period of time; and
(B) the reasons for those recommendations.
(Added
Repeal of Section
For repeal of section by section 3 of
References in Text
The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373,
The Foreign Service Act of 1980, referred to in subsec. (g)(1)(E), is
Section 1202 of the Panama Canal Act of 1979, referred to in subsec. (g)(1)(G), is classified to
Section 2 of the Act of May 29, 1959 (
Amendments
1998—Subsec. (a)(2).
1997—Subsec. (d).
Subsec. (j)(2)(A).
1993—Subsec. (d).
Subsec. (g)(1)(C) to (L).
Subsec. (j).
1992—Subsec. (a).
Subsec. (g)(1)(D).
Subsec. (g)(1)(J) to (L).
1990—Subsec. (d).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (d).
1984—Subsec. (g)(1)(C).
1983—Subsec. (d).
1981—Subsec. (d).
Subsec. (g)(1).
1979—Subsec. (d).
Subsec. (g)(1).
Subsec. (g)(2).
Effective Date of 1997 Amendment
Section 517(c) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of Repeal
Section 3 of
[Section 1(b)(1) of
[Section 1(b)(2) of
Short Title of 1983 Amendment
Section 101 of title I of
Short Title of 1981 Amendment
Section 1 of
Short Title of 1979 Amendment
Section 1 of
Short Title
Section 1 of
Construction of 1998 Amendment
Construction of 1993 Amendment
Section 1(a)(4) of
Section 1(c) of
"(1) the provisions of subsection (b)(1) [enacting and amending provisions set out as notes above] shall be treated as having been enacted immediately before the provisions of subsection (b)(2) [enacting and amending provisions set out as notes above]; and
"(2) the provisions of subsection (b)(2) shall be treated as having been enacted immediately before the provisions of subsection (a) [amending this section and enacting and amending provisions set out as notes above]."
Modification of Service Agreements in Effect on October 19, 1998; Limitation
"(1)
"(2)
Effectiveness of Service Agreements Limited by Appropriation Acts
Section 1(a)(3) of
Due Date for First Annual Report on Operation of Section
Section 2(b) of
Pay of Certain Federal Physicians for Fiscal Year 1982
Section 103 of
Service Agreements Entered Into On or After December 29, 1981; Advance Authorization; Fiscal Year 1982
Section 4 of
Service Agreements Entered Into On or After December 29, 1979; Advance Authorization
Section 5 of
Time of Entry into Allowance Agreements and for Commencement of Allowance
Section 2(c) of
Ex. Ord. No. 12109. Delegation of Authority to Director of Office of Personnel Management
Ex. Ord. No. 12109, Dec. 28, 1978, 44 F.R. 1067, provided:
By the authority vested in me as President of the United States of America by
1–101. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, in consultation with the Director of the Office of Management and Budget, the authority of the President under
1–102. Until the Office of Personnel Management is established (on or before January 1, 1979), pursuant to Reorganization Plan No. 2 of 1978 (43 FR 36037) [set out under
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in