§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 section 3301 et seq. of this title.
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 section 5301 of this title.
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 section 5301 of this title], except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving."
[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 section 5541(3) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply.
"SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.
"(a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section.
"(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 section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305.
"(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 section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment.
"(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) member of the United States Secret Service Uniformed Division;
"(2) member of the United States Park Police;
"(3) special agent within the Diplomatic Security Service;
"(4) probation officer (referred to in section 3672 of title 18, United States Code); or
"(5) pretrial services officer (referred to in section 3153 of title 18, United States Code).
"(c) For the purposes of this section, the term 'appropriate agency head' means-
"(1) with respect to any individual under subsection (b)(1), the Secretary of the Treasury;
"(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 5753(b)(1)(A) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation payment of up to $15,000 under section 5753."
[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 sections 3326, 5363, 5542, 5543, 5545, 5547 of this title; title 18 section 3006A; title 31 section 325; title 38 section 7451.