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 |
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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, 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(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 sections 2297b–4, 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
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
Memorandum of President of the United States, Nov. 30, 1994, 59 F.R. 62549, provided:
Memorandum for the President's Pay Agent:
The Secretary of Labor
The Director of the Office of Management and Budget
The Director of the Office of Personnel Management
I have reviewed your report concerning recommended locality-based comparability payments for General Schedule employees, submitted in accordance with
William J. Clinton.
Pay Locality | Comparability Payment |
---|---|
Atlanta MSA | 4.66% |
Boston CMSA | 6.97% |
Chicago CMSA | 6.92% |
Cincinnati CMSA | 5.33% |
Cleveland CMSA | 4.23% |
Columbus, OH, MSA | 5.30% |
Dallas CMSA | 5.65% |
Dayton MSA | 5.19% |
Denver CMSA | 5.75% |
Detroit CMSA | 6.59% |
Houston CMSA | 8.53% |
Huntsville MSA | 4.39% |
Indianapolis MSA | 4.58% |
Kansas City MSA | 3.97% |
Los Angeles CMSA 1 | 7.39% |
Miami CMSA | 5.39% |
New York CMSA | 7.30% |
Philadelphia CMSA | 6.26% |
Portland, OR, CMSA | 4.71% |
Richmond MSA | 4.00% |
Sacramento CMSA | 5.27% |
St. Louis MSA | 4.28% |
San Diego MSA | 6.14% |
San Francisco CMSA | 8.14% |
Seattle CMSA | 5.84% |
Washington CMSA 2 | 5.48% |
Rest of United States 3 | 3.74% |
NOTE: MSA means Metropolitan Statistical Area and CMSA means Consolidated Metropolitan Statistical Area, both as defined by the Office of Management and Budget (OMB) in OMB Bulletin Number 94–07, July 5, 1994.
1 Pay locality also includes Santa Barbara County and Edwards Air Force Base, CA.
2 Pay locality also includes St. Marys County, MD.
3 Does not include Alaska, Hawaii, or U.S. territories or possessions.
Prior approval of locality-based comparability payments was contained in the following:
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) 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
"(5) pretrial services officer (referred to in
"(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 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 Clerk 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
1992—Subsec. (a)(1)(B).
1990—
Effective Date of 1990 Amendment
Amendment by
Transfer of Functions
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 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.
(
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
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
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, set out as a note under
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 the United States Arms Control and Disarmament Agency.
Director of the United States Information Agency.
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 and Technology.
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.
(
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
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 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.
United States Information Agency
United States Information Agency, including the Office of Director, referred to in text, abolished and replaced by International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, 42 F.R. 62461,
Salary Increases
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, set out as a note under
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 (5).
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, Interstate Commerce Commission.
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 Director of Central Intelligence.
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, 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 Secretary, Department of Energy.
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.
Director, Institute for Scientific and Technological Cooperation.
Under Secretary of Agriculture for Rural Economic and Community Development.
Administrator, Maritime Administration.
Executive Director Property Review Board.
Deputy Administrator of the Environmental Protection Agency.
Archivist of the United States.
Deputy Director of the United States Arms Control and Disarmament Agency.
Executive Director, Federal Retirement Thrift Investment Board.
Deputy Under Secretary of Defense for Acquisition and Technology.
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.
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.
(
Amendment of Section
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
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 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
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, set out as a note under
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
§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 (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (11).
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.
20 Assistant Secretaries of State 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.
Deputy Director of the United States Information Agency.
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, Interstate Commerce Commission.
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 (8).
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 Energy Research, 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, United States Arms Control and Disarmament Agency.
Administrator of the Health Care Financing Administration.
Director, National Institute of Standards and Technology, Department of Commerce.
Assistant Directors, United States Arms Control and Disarmament Agency (4).
Inspector General, United States Information Agency.
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.
Director of the National Cemetery System.
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 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.
Administrator of the Panama Canal Commission.
Liaison for Community and Junior Colleges, Department of Education 1
Commissioner of Customs, Department of the Treasury.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau, the United States Information Agency.
Inspector General, Social Security Administration.
The 2 Commissioner of Labor Statistics, Department of Labor.
Administrator, Rural Utilities Service, Department of Agriculture.
(
Amendment of Section
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
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 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
Amendment by
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.
United States Information Agency
United States Information Agency, including Office of Deputy Director, referred to in text, abolished and replaced by International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, 42 F.R. 62461,
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,
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
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, set out as a note under
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 Atomic Energy, 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 of Patents, Department of Commerce.
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, 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 Director, Policy and Plans, United States Information Agency.
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 United States Arms Control and Disarmament Agency.
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.
Associate Director (Policy and Plans), United States Information Agency.
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 for Economic Development.
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.
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).
Deputy Commissioner of Patents and Trademarks.
Assistant Commissioner for Patents.
Assistant Commissioner for Trademarks.
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
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 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,
United States Information Agency
United States Information Agency, including offices of Director, Deputy Director, Deputy Director (Policy and Plans), referred to in this section, Associate Director (Policy and Plans), referred to in this section, and additional offices created by Reorg. Plan No. 8 of 1953, §1(d), eff. Aug. 1, 1953, 18 F.R. 4542,
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
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, set out as a note under
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, 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 Director, Pension Benefit Guaranty Corporation, Department of Labor.
(c) Executive Assistant and Counselor to the Secretary of Labor, Department of Labor.
(d) Deputy Under Secretary for Education, Department of Education.
(e) Deputy Under Secretary for Education, Department of Education.
(f) 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, 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, set out below.
Ex. Ord. No. 12944. Adjustments of Certain Rates of Pay and Allowances
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 704 of
(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)(1) The Office of Personnel Management shall prescribe regulations governing the application of interim geographic adjustments to General Schedule employees, including the determination of what, if any, geographic adjustments shall be payable in the case of employees receiving special pay rates.
(2) The Secretary of State shall prescribe regulations governing the application of interim geographic adjustments to employees under the Foreign Service Schedule, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(3) The Secretary of Veterans Affairs shall prescribe regulations governing the application of interim geographic adjustments to employees under the schedules for the Veterans Health Administration of the Department of Veterans Affairs, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(4) The Secretary of the Interior shall prescribe regulations governing the application of interim geographic adjustments to members of the United States Park Police, consistent with the regulations and determinations prescribed under paragraph (1) of this subsection.
(c) The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 302(c)(1)(D) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of
William J. Clinton.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
---|---|---|---|---|---|---|---|---|---|---|
GS–1 | $12,141 | $12,546 | $12,949 | $13,352 | $13,757 | $13,994 | $14,391 | $14,793 | $14,811 | $15,183 |
GS–2 | 13,650 | 13,975 | 14,428 | 14,811 | 14,974 | 15,414 | 15,854 | 16,294 | 16,734 | 17,174 |
GS–3 | 14,895 | 15,392 | 15,889 | 16,386 | 16,883 | 17,380 | 17,877 | 18,374 | 18,871 | 19,368 |
GS–4 | 16,721 | 17,278 | 17,835 | 18,392 | 18,949 | 19,506 | 20,063 | 20,620 | 21,177 | 21,734 |
GS–5 | 18,707 | 19,331 | 19,955 | 20,579 | 21,203 | 21,827 | 22,451 | 23,075 | 23,699 | 24,323 |
GS–6 | 20,852 | 21,547 | 22,242 | 22,937 | 23,632 | 24,327 | 25,022 | 25,717 | 26,412 | 27,107 |
GS–7 | 23,171 | 23,943 | 24,715 | 25,487 | 26,259 | 27,031 | 27,803 | 28,575 | 29,347 | 30,119 |
GS–8 | 25,662 | 26,517 | 27,372 | 28,227 | 29,082 | 29,937 | 30,792 | 31,647 | 32,502 | 33,357 |
GS–9 | 28,345 | 29,290 | 30,235 | 31,180 | 32,125 | 33,070 | 34,015 | 34,960 | 35,905 | 36,850 |
GS–10 | 31,215 | 32,256 | 33,297 | 34,338 | 35,379 | 36,420 | 37,461 | 38,502 | 39,543 | 40,584 |
GS–11 | 34,295 | 35,438 | 36,581 | 37,724 | 38,867 | 40,010 | 41,153 | 42,296 | 43,439 | 44,582 |
GS–12 | 41,104 | 42,474 | 43,844 | 45,214 | 46,584 | 47,954 | 49,324 | 50,694 | 52,064 | 53,434 |
GS–13 | 48,878 | 50,507 | 52,136 | 53,765 | 55,394 | 57,023 | 58,652 | 60,281 | 61,910 | 63,539 |
GS–14 | 57,760 | 59,685 | 61,610 | 63,535 | 65,460 | 67,385 | 69,310 | 71,235 | 73,160 | 75,085 |
GS–15 | 67,941 | 70,206 | 72,471 | 74,736 | 77,001 | 79,266 | 81,531 | 83,796 | 86,061 | 88,326 |
Step | Class 1 | Class 2 | Class 3 | Class 4 | Class 5 | Class 6 | Class 7 | Class 8 | Class 9 |
---|---|---|---|---|---|---|---|---|---|
1 | $67,941 | $55,053 | $44,609 | $36,147 | $29,290 | $26,184 | $23,408 | $20,926 | $18,707 |
2 | 69,979 | 56,705 | 45,947 | 37,231 | 30,169 | 26,970 | 24,110 | 21,554 | 19,268 |
3 | 72,079 | 58,406 | 47,326 | 38,348 | 31,074 | 27,779 | 24,834 | 22,200 | 19,846 |
4 | 74,241 | 60,158 | 48,745 | 39,499 | 32,006 | 28,612 | 25,579 | 22,866 | 20,442 |
5 | 76,468 | 61,963 | 50,208 | 40,684 | 32,966 | 29,470 | 26,346 | 23,552 | 21,055 |
6 | 78,762 | 63,822 | 51,714 | 41,904 | 33,955 | 30,354 | 27,136 | 24,259 | 21,687 |
7 | 81,125 | 65,736 | 53,265 | 43,161 | 34,974 | 31,265 | 27,950 | 24,987 | 22,337 |
8 | 83,559 | 67,708 | 54,863 | 44,456 | 36,023 | 32,203 | 28,789 | 25,736 | 23,007 |
9 | 86,066 | 69,739 | 56,509 | 45,790 | 37,104 | 33,169 | 29,653 | 26,508 | 23,697 |
10 | 88,326 | 71,832 | 58,205 | 47,164 | 38,217 | 34,164 | 30,542 | 27,304 | 24,408 |
11 | 88,326 | 73,987 | 59,951 | 48,579 | 39,363 | 35,189 | 31,458 | 28,123 | 25,141 |
12 | 88,326 | 76,206 | 61,749 | 50,036 | 40,544 | 36,245 | 32,402 | 28,966 | 25,895 |
13 | 88,326 | 78,492 | 63,602 | 51,537 | 41,761 | 37,332 | 33,374 | 29,835 | 26,672 |
14 | 88,326 | 80,847 | 65,510 | 53,083 | 43,013 | 38,452 | 34,375 | 30,731 | 27,472 |
Schedule for the Office of the Under Secretary for Health ( |
|||
Deputy Under Secretary for Health | $115,384 | ||
Associate Deputy Under Secretary for Health | 2 110,516 | ||
Assistant Under Secretaries for Health | 107,259 | ||
Minimum | Maximum | ||
Medical Directors | $91,514 | $103,718 | |
Service Directors | 79,684 | 98,960 | |
Director, National Center for Preventive Health | 67,941 | 98,960 | |
Physician and Dentist Schedule | |||
Director Grade | $79,684 | $98,960 | |
Executive Grade | 73,579 | 93,774 | |
Chief Grade | 67,941 | 88,326 | |
Senior Grade | 57,760 | 75,085 | |
Intermediate Grade | 48,878 | 63,539 | |
Full Grade | 41,104 | 53,434 | |
Associate Grade | 34,295 | 44,582 | |
Clinical Podiatrist and Optometrist Schedule | |||
Chief Grade | $67,941 | $88,326 | |
Senior Grade | 57,760 | 75,085 | |
Intermediate Grade | 48,878 | 63,539 | |
Full Grade | 41,104 | 53,434 | |
Associate Grade | 34,295 | 44,582 | |
Physician Assistant and Expanded-Function Dental Auxiliary Schedule 3 | |||
Director Grade | $67,941 | $88,326 | |
Assistant Director Grade | 57,760 | 75,085 | |
Chief Grade | 48,878 | 63,539 | |
Senior Grade | 41,104 | 53,434 | |
Intermediate Grade | 34,295 | 44,582 | |
Full Grade | 28,345 | 36,850 | |
Associate Grade | 24,392 | 31,709 | |
Junior Grade | 20,852 | 27,107 |
1 This schedule does not apply to the Assistant Under Secretary for Nursing Programs or the Director of Nursing Service. Pay for these positions is set by the Under Secretary for Health under
2 Pursuant to
3 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, 1995)
Schedule 5
Executive Schedule
(Effective on the first day of the first applicable pay period beginning on or after January 1, 1995)
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, 1995)
Schedule 7
Judicial Salaries
(Effective on the first day of the first applicable pay period beginning on or after January 1, 1995)
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
O–10 1 | $6,978.30 | $7,223.70 | $7,223.70 | $7,223.70 | $7,223.70 |
O–9 | 6,184.50 | 6,346.50 | 6,481.80 | 6,481.80 | 6,481.80 |
O–8 | 5,601.60 | 5,769.60 | 5,906.40 | 5,906.40 | 5,906.40 |
O–7 | 4,654.50 | 4,971.00 | 4,971.00 | 4,971.00 | 5,193.90 |
O–6 | 3,449.70 | 3,790.20 | 4,038.60 | 4,038.60 | 4,038.60 |
O–5 | 2,759.10 | 3,239.70 | 3,463.80 | 3,463.80 | 3,463.80 |
O–4 | 2,325.60 | 2,832.00 | 3,021.00 | 3,021.00 | 3,077.10 |
O–3 2 | 2,161.20 | 2,416.50 | 2,583.30 | 2,858.10 | 2,994.90 |
O–2 2 | 1,884.60 | 2,058.00 | 2,472.90 | 2,556.00 | 2,608.80 |
O–1 2 | 1,636.20 | 1,703.10 | 2,058.00 | 2,058.00 | 2,058.00 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
O–10 1 | $7,501.20 | $7,501.20 | $7,916.70 | $7,916.70 | $8,482.80 |
O–9 | 6,646.50 | 6,646.50 | 6,923.10 | 6,923.10 | 7,501.20 |
O–8 | 6,346.50 | 6,346.50 | 6,646.50 | 6,646.50 | 6,923.10 |
O–7 | 5,193.90 | 5,494.80 | 5,494.80 | 5,769.60 | 6,346.50 |
O–6 | 4,038.60 | 4,038.60 | 4,038.60 | 4,176.00 | 4,836.30 |
O–5 | 3,463.80 | 3,568.50 | 3,760.80 | 4,012.80 | 4,313.10 |
O–4 | 3,212.70 | 3,432.00 | 3,624.90 | 3,790.20 | 3,956.70 |
O–3 2 | 3,102.30 | 3,270.30 | 3,432.00 | 3,516.30 | 3,516.30 |
O–2 2 | 2,608.80 | 2,608.80 | 2,608.80 | 2,608.80 | 2,608.80 |
O–1 2 | 2,058.00 | 2,058.00 | 2,058.00 | 2,058.00 | 2,058.00 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
O–10 1 | $8,482.80 | *$9,051.00 | *$9,051.00 | *$9,051.00 | *$9,614.70 |
O–9 | 7,501.20 | 7,916.70 | 7,916.70 | 7,916.70 | 8,482.80 |
O–8 | 7,223.70 | 7,501.20 | 7,686.00 | 7,686.00 | 7,686.00 |
O–7 | 6,783.00 | 6,783.00 | 6,783.00 | 6,783.00 | 6,783.00 |
O–6 | 5,082.90 | 5,193.90 | 5,494.80 | 5,680.80 | 5,959.50 |
O–5 | 4,560.00 | 4,698.60 | 4,862.70 | 4,862.70 | 4,862.70 |
O–4 | 4,065.60 | 4,065.60 | 4,065.60 | 4,065.60 | 4,065.60 |
O–3 2 | 3,516.30 | 3,516.30 | 3,516.30 | 3,516.30 | 3,516.30 |
O–2 2 | 2,608.80 | 2,608.80 | 2,608.80 | 2,608.80 | 2,608.80 |
O–1 2 | 2,058.00 | 2,058.00 | 2,058.00 | 2,058.00 | 2,058.00 |
1 While 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 $10,608.90, 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 V of the Executive Schedule, which is $9,016.80 per month.
Pay Grade | Over 4 | Over 6 | Over 8 | Over 10 |
---|---|---|---|---|
O–3E | $2,858.10 | $2,994.90 | $3,102.30 | $3,270.30 |
O–2E | 2,556.00 | 2,608.80 | 2,691.60 | 2,832.00 |
O–1E | 2,058.00 | 2,199.00 | 2,280.00 | 2,362.50 |
Over 12 | Over 14 | Over 16 | Over 18 | |
O–3E | $3,432.00 | $3,568.50 | $3,568.50 | $3,568.50 |
O–2E | 2,940.60 | 3,021.00 | 3,021.00 | 3,021.00 |
O–1E | 2,444.40 | 2,556.00 | 2,556.00 | 2,556.00 |
Over 20 | Over 22 | Over 24 | Over 26 | |
O–3E | $3,568.50 | $3,568.50 | $3,568.50 | $3,568.50 |
O–2E | 3,021.00 | 3,021.00 | 3,021.00 | 3,021.00 |
O–1E | 2,556.00 | 2,556.00 | 2,556.00 | 2,556.00 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
W–5 | |||||
W–4 | $2,202.00 | $2,362.50 | $2,362.50 | $2,416.50 | $2,526.30 |
W–3 | 2,001.30 | 2,170.80 | 2,170.80 | 2,199.00 | 2,224.50 |
W–2 | 1,752.90 | 1,896.30 | 1,896.30 | 1,951.50 | 2,058.00 |
W–1 | 1,460.10 | 1,674.30 | 1,674.30 | 1,814.10 | 1,896.30 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
W–5 | |||||
W–4 | $2,637.60 | $2,748.30 | $2,940.60 | $3,077.10 | $3,185.10 |
W–3 | 2,387.40 | 2,526.30 | 2,608.80 | 2,691.60 | 2,772.00 |
W–2 | 2,170.80 | 2,253.30 | 2,335.80 | 2,416.50 | 2,501.40 |
W–1 | 1,977.60 | 2,058.00 | 2,143.20 | 2,224.50 | 2,307.30 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
W–5 | $3,757.80 | $3,900.30 | $4,013.10 | $4,182.00 | |
W–4 | $3,270.30 | 3,375.90 | 3,489.00 | 3,597.60 | 3,760.80 |
W–3 | 2,858.10 | 2,969.70 | 3,077.10 | 3,077.10 | 3,185.10 |
W–2 | 2,583.30 | 2,664.60 | 2,772.00 | 2,772.00 | 2,772.00 |
W–1 | 2,387.40 | 2,472.90 | 2,472.90 | 2,472.90 | 2,472.90 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
E–9 1 | |||||
E–8 | |||||
E–7 | $1,499.70 | $1,619.10 | $1,678.80 | $1,737.90 | $1,797.00 |
E–6 | 1,290.30 | 1,406.40 | 1,464.90 | 1,527.30 | 1,584.60 |
E–5 | 1,132.20 | 1,232.40 | 1,292.40 | 1,348.50 | 1,437.30 |
E–4 | 1,056.00 | 1,115.40 | 1,181.10 | 1,272.00 | 1,322.40 |
E–3 | 995.10 | 1,049.70 | 1,091.40 | 1,134.60 | 1,134.60 |
E–2 | 957.60 | 957.60 | 957.60 | 957.60 | 957.60 |
E–1 2 | 854.40 | 854.40 | 854.40 | 854.40 | 854.40 |
E–1 3 | 790.20 | ||||
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
E–9 1 | $2,561.70 | $2,619.00 | $2,678.40 | $2,739.90 | |
E–8 | $2,148.00 | 2,209.80 | 2,268.00 | 2,326.80 | 2,388.30 |
E–7 | 1,854.30 | 1,913.70 | 1,973.40 | 2,062.50 | 2,121.00 |
E–6 | 1,641.60 | 1,701.90 | 1,789.50 | 1,845,60 | 1,905.30 |
E–5 | 1,495.80 | 1,554.90 | 1,612.20 | 1,641.60 | 1,641.60 |
E–4 | 1,322.40 | 1,322.40 | 1,322.40 | 1,322.40 | 1,322.40 |
E–3 | 1,134.60 | 1,134.60 | 1,134.60 | 1,134.60 | 1,134.60 |
E–2 | 957.60 | 957.60 | 957.60 | 957.60 | 957.60 |
E–1 2 | 854.40 | 854.40 | 854.40 | 854.40 | 854.40 |
E–1 3 | |||||
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
E–9 1 | $2,801.40 | $2,855.70 | $3,005.40 | $3,122.40 | $3,297.90 |
E–8 | 2,442.90 | 2,502.90 | 2,649.90 | 2,768.10 | 2,945.10 |
E–7 | 2,179.80 | 2,208.30 | 2,356.50 | 2,473.80 | 2,649.90 |
E–6 | 1,934.10 | 1,934.10 | 1,934.10 | 1,934.10 | 1,934.10 |
E–5 | 1,641.60 | 1,641.60 | 1,641.60 | 1,641.60 | 1,641.60 |
E–4 | 1,322.40 | 1,322.40 | 1,322.40 | 1,322.40 | 1,322.40 |
E–3 | 1,134.60 | 1,134.60 | 1,134.60 | 1,134.60 | 1,134.60 |
E–2 | 957.60 | 957.60 | 957.60 | 957.60 | 957.60 |
E–1 2 | 854.40 | 854.40 | 854.40 | 854.40 | 854.40 |
E–1 3 |
1 While 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 $4,008.60, regardless of cumulative years of service computed 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.
Pay Grade | Without dependents | With dependents | |
---|---|---|---|
Full rate 1 | Partial rate 2 | ||
Commissioned officers | |||
O–10 | $749.40 | $50.70 | $922.50 |
O–9 | 749.40 | 50.70 | 922.50 |
O–8 | 749.40 | 50.70 | 922.50 |
O–7 | 749.40 | 50.70 | 922.50 |
O–6 | 687.60 | 39.60 | 830.70 |
O–5 | 662.10 | 33.00 | 800.70 |
O–4 | 613.80 | 26.70 | 705.90 |
O–3 | 492.00 | 22.20 | 584.10 |
O–2 | 390.00 | 17.70 | 498.90 |
O–1 | 328.50 | 13.20 | 445.80 |
Commissioned officers with over 4 years of active duty service as an enlisted member or warrant officer | |||
O–3E | $531.00 | $22.20 | $627.60 |
O–2E | 451.50 | 17.70 | 566.40 |
O–1E | 388.20 | 13.20 | 523.20 |
Warrant officers | |||
W–5 | $623.40 | $25.20 | $681.30 |
W–4 | 553.80 | 25.20 | 624.60 |
W–3 | 465.30 | 20.70 | 572.40 |
W–2 | 413.10 | 15.90 | 526.50 |
W–1 | 345.90 | 13.80 | 455.40 |
Enlisted members | |||
E–9 | $454.80 | $18.60 | $599.40 |
E–8 | 417.60 | 15.30 | 552.60 |
E–7 | 356.40 | 12.00 | 513.00 |
E–6 | 322.80 | 9.90 | 474.30 |
E–5 | 297.60 | 8.70 | 426.30 |
E–4 | 258.90 | 8.10 | 370.80 |
E–3 | 254.10 | 7.80 | 345.00 |
E–2 | 206.40 | 7.20 | 328.50 |
E–1 | 183.90 | 6.90 | 328.50 |
1 Payment of the full rate of basic allowance for quarters at these rates to members of the uniformed services without dependents is authorized by
2 Payment of the partial rate of basic allowance for quarters at these rates to members of the uniformed services without dependents who, under section 403(b) or (c) of
Officers (per month) | $146.16 | ||
E–1 (less than | All | ||
4 months of | Other | ||
active duty) | Enlisted | ||
Enlisted members (per day): | |||
When on leave or authorized to mess separately | $6.44 | $6.98 | |
When rations in-kind are not available | 7.26 | 7.87 | |
When assigned to duty under emergency conditions where no messing facilities of the United States are available | 9.63 | 10.42 |
part iv—rate of monthly cadet or midshipman pay
The rate of monthly cadet or midshipman pay authorized by
Area | Adjustment Rate |
---|---|
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated Metropolitan Statistical Area | 8% |
Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan Statistical Area | 8% |
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
(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 Clerk 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.
References in Text
Amendments
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 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
Transfer of Functions
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 sections 1590, 1604; 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 Panama Canal Commission;
(G) the National Security Agency, Department of Defense;
(H) the Bureau of Engraving and Printing, except for the purposes of
(I) the General Accounting Office; or 1
(K) 2 the Defense Intelligence Agency, Department of Defense; or
(L) the Central Imagery Office, 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
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 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. (J).
§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 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), 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
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(5), is classified to
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
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 the fiscal year ending on September 30, 1995, 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 615 of the Treasury, Postal Service and General Government Appropriations Act, 1994 [
"(2) during the period consisting of the remainder of fiscal year 1995, 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 1995 under
"(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 1995 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 1994 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, 1994, 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, 1994, 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, 1994.
"(f) For the purpose of administering any provision of law (including
"(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. The Committee shall make an annual report to the Office and the President for transmittal to Congress, including recommendations and other matters considered appropriate. Any member of the Committee may include in the annual report recommendations and other matters he considers appropriate.
(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
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 subsections (b) and (c) of this section, the pay of officers and members of crews of vessels excepted from
(b) Vessel employees of the Panama Canal Commission may be paid in accordance with the wage practices of the maritime industry.
(c) 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
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) 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. The rates of basic pay for those levels shall be as follows:
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. |
(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 upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon 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.
(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), is set out in
Amendments
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
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
Except as provided by the Government Employees Salary Reform Act of 1964 (
(1) section 1202 of the Panama Canal Act of 1979;
(2)
(3)
(4)
(
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 text, is set out in
Section 1202 of the Panama Canal Act of 1979, referred to in par. (1), is classified to
Section 206 of the Bank Conservation Act, referred to in par. (2), is classified to
Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, referred to in par. (2), are classified to sections 1422b(b) and 1441a(e)(4), respectively, of Title 12.
Section 2A(i) of the Home Owners' Loan Act, referred to in par. (2), 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 par. (2), are classified to sections 2245 and 2277a–7, respectively, of Title 12.
Amendments
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 and its jurisdiction given primarily to Committee on Government Reform and Oversight by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
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 Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint in accordance with the following:
(1) Entry-level police officer—not more than the maximum rate payable for GS–6.
(2) Journeyman-level police officer—not more than the maximum rate payable for GS–7.
(3) Corporal—not more than the maximum rate payable for GS–8.
(4) Sergeant—not more than the maximum rate payable for GS–9.
(5) Lieutenant—not more than the maximum rate payable for GS–10.
(6) Deputy Inspector—not more than the maximum rate payable for GS–11.
(7) Inspector—not more than the maximum rate payable for GS–12.
(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
GS–6 to GS–12, referred to in subsec. (a), are contained in the General Schedule which is set out under
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
1995—The President, under Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, set out as a note under
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, set out as a note under
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 3 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 15 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
1989—Subsec. (c).
1984—Subsec. (b)(2).
Subsec. (b)(3).
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