§5102. Definitions; application
(a) For the purpose of this chapter-
(1) "agency" means-
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Printing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include-
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office; or 1
(ix) 2 the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense.3
(2) "employee" means an individual employed in or under an agency;
(3) "position" means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) "class" or "class of positions" includes all positions which are sufficiently similar, as to-
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) "grade" includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to-
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
(b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.
(c) This chapter does not apply to-
[ (1) Repealed.
(2) members of the Foreign Service whose pay is fixed under the Foreign Service Act of 1980; and positions in or under the Department of State which are-
(A) connected with the representation of the United States to international organizations; or
(B) specifically exempted by statute from this chapter or other classification or pay statute;
(3) physicians, dentists, nurses, and other employees in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under chapter 73 of title 38;
(4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; the chief judges and the associate judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals; and nonjudicial employees of the District of Columbia court system whose pay is fixed under title 11 of the District of Columbia Code;
(5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service Uniformed Division; members of the police force of the National Zoological Park whose pay is fixed under section 5375 of this title; and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;
(6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432(f) and (g) of title 14;
(7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Printing Office whose pay is fixed under section 305 of title 44;
(10) civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under section 1595, 4021, 7478, or 9021 of title 10; civilian professors, lecturers, and instructors at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 4338, 6952, and 9338, respectively, of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; the Provost and Academic Dean of the Naval Postgraduate School whose pay is fixed under section 7043 of title 10; civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under section 1746(b) of title 10;
(11) aliens or noncitizens of the United States who occupy positions outside the United States;
[(12) Repealed.
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title), except that with respect to the Veterans' Canteen Service, Department of Veterans Affairs this paragraph applies only to employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 7802 of title 38;
(15) employees whose pay is fixed under a cooperative agreement between the United States and-
(A) a State or territory or possession of the United States, or political subdivision thereof; or
(B) an individual or organization outside the service of the Government of the United States;
(16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or sections 7405 and 7406 of title 38;
(17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions;
(18) experts or consultants, when employed temporarily or intermittently in accordance with section 3109 of this title;
(19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals;
(20) employees employed on a fee, contract, or piece work basis;
(21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States;
(22) "teachers" and "teaching positions" as defined by section 901 of title 20;
(23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;
(24) temporary positions in the Bureau of the Census established under section 23 of title 13, and enumerator positions in the Bureau of the Census;
(25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the rate for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast Guard Academy whose pay is fixed under section 186 of title 14;
(27) members of the police of the Library of Congress whose pay is fixed under section 167 of title 2;
(28) civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under section 9314 of title 10;
(29) administrative law judges appointed under section 3105; or
(30) members of agency boards of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41.
(d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
(e) Except as may be specifically provided, this chapter does not apply for pay purposes to any employee of the government of the District of Columbia during fiscal year 2006 or any succeeding fiscal year.
(
The section is reorganized and restated for clarity.
In subsection (a)(1)(i), the exception of "a Government controlled corporation" is added to preserve the application of this chapter to "corporations wholly owned by the United States". This is necessary as the defined term "Executive agency" includes the defined term "Government corporation" and the latter includes both Government owned and controlled corporations. Thus the exclusion of Government controlled corporations, which are distinct from wholly owned corporations, operates to preserve the application of the chapter to wholly owned corporations.
In subsection (a)(1)(vii), the words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a)(2),
The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963,
The exceptions for Production Credit Corporations and Federal Intermediate Credit Banks in former section 1082(18) and (19) are omitted as they are no longer "corporations wholly owned by the United States". Under the Farm Credit Act of 1956,
Subsection (a)(2) is added for clarity. The reference to "an individual employed in or under an agency" includes both officers and employees of an agency.
In subsection (a)(5), the words "in the General Schedule" are substituted for the reference in former section 1091(3) to "as specified in subchapter V of this chapter".
In subsection (b), the reference to former section 1085 is omitted as unnecessary. Former section 1085 which exempted certain agencies from former sections 1151–1153 is carried into section 305.
In subsection (c)(1), the words "chapter 45 of title 39" are substituted for the reference in former section 1082(1) to "chapter 23 of title 39" on authority of the Act of July 10, 1955, ch. 137, §805,
In subsection (c)(2)(B), the words "this chapter" are substituted for the reference in former section 1082(2)(B) to "the Classification Act of 1923, as amended," on authority of section 1106 of the Act of Oct. 28, 1949,
In subsection (c)(4), the words "chapter 15 of title 31, District of Columbia Code" are substituted for the reference in former section 1082(4) to "the District of Columbia Teachers Salary Act of 1947, as supplemented by Public Law 151, Eighty-first Congress, approved June 30, 1949" on authority of the provisions contained therein. The words "District of Columbia Court of General Sessions" and "District of Columbia Court of Appeals" are substituted for "Municipal Court for the District of Columbia" and "Municipal Court of Appeals for the District of Columbia", respectively, on authority of D.C. Code §§11–902 and 11–702. The exception for judges of the Juvenile Court of the District of Columbia is based on D.C. Code §11–1502.
In subsection (c)(5), the word "officers" is omitted as included in "member".
In subsection (c)(10), the words "sections 6952 and 7478 of title 10", "section 7044 of title 10", and "section 7043 of title 10" are substituted for the references in former section 1082(10) to "section 1071 of title 34", "sections 1076–1076f of title 34", and "section 1074 of title 34", respectively, on authority of the Act of Aug. 10, 1956, ch. 1041, §49(b),
In subsection (c)(11), the words "the United States" are substituted for "the several States and the District of Columbia".
In subsection (c)(14), the words "employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 4202 of title 38" are substituted for the reference in former section 1082(23) to "positions which are exempt from this chapter, pursuant to section 4202 of title 38".
In subsection (c)(16), the reference to "section 4114 of title 38" is substituted for the reference in former section 1082(25) to "section 4114(b) of title 38" to reflect the pay fixing authority contained in subsection (a)(1) of section 4114.
In subsection (c)(22), the words "as defined by section 901 of title 20" are substituted for "as defined in the Defense Department Overseas Teachers Pay and Personnel Practices Act" on authority of former section 2351, which is scheduled for transfer to section 901 of title 20.
In subsection (c)(25), the word "schedule" is omitted since section 603 of the Act of Oct. 11, 1962,
The second sentence of subsection (d) is based on former section 1084(c), which is carried into section 5103.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5102(c)(26) | 5 App.: 1082(36). | June 9, 1966,
|
The amendment to 5 U.S.C. 5102(c)(15) is made to correct a typographical error.
The amendment to 5 U.S.C. 5102(c)(26) reflects
References in Text
The Foreign Service Act of 1980, referred to in subsec. (c)(2), is
Level V of the Executive Schedule, referred to in subsec. (c)(25), is set out in section 5316 of this title.
Amendments
2011-Subsec. (c)(30).
2010-Subsec. (c)(5).
2008-Subsec. (a)(1)(x).
2006-Subsec. (e).
2004-Subsec. (a)(1)(vii).
Subsec. (b).
Subsec. (c)(10).
1999-Subsec. (c)(23).
1996-Subsec. (a)(1)(vi), (vii).
Subsec. (a)(1)(viii).
Subsec. (a)(1)(ix), (x).
Subsec. (a)(1)(xi).
Subsec. (c)(12).
1994-Subsec. (a)(1)(ix) to (xi).
Subsec. (c)(3).
1993-Subsec. (c)(10).
1991-Subsec. (c)(3).
Subsec. (c)(14).
Subsec. (c)(16).
1990-Subsec. (a)(1).
Subsec. (c)(5).
Subsec. (c)(10).
Subsec. (c)(25).
Subsec. (c)(29), (30).
1989-Subsec. (c)(10).
1987-Subsec. (c)(27).
1986-Subsec. (c)(14).
1985-Subsec. (c)(28).
1984-Subsec. (a)(1)(viii) to (x).
1983-Subsec. (a)(1)(iii) to (ix).
1980-Subsec. (a)(1)(ix).
Subsec. (c)(2).
1979-Subsec. (a)(1)(vii).
Subsec. (c)(12).
Subsec. (c)(23).
1978-Subsec. (c)(5).
Subsec. (c)(12)(B).
1975-Subsec. (c)(5).
Subsec. (c)(9).
1973-Subsec. (b).
1970-Subsec. (c)(1).
Subsec. (c)(4).
1969-Subsec. (c)(5).
1968-Subsec. (c).
Effective Date of 2010 Amendment
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1990 Amendment
Amendment by section 529 [title I, §§101(b)(9)(F), 104(d)(1)] of
Amendment by section 529 [title I, §109(a)(2)] of
Effective Date of 1987 Amendment
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(D) of
Amendment by section 906(2)(2) of
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1970 Amendments
Amendment by
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Effective Date of 1967 Amendment
Repeals
General repealer of provisions inconsistent with
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections.
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Civilian Members of Faculty of Air Force Institute of Technology on November 8, 1985
"(1) is a civilian member of the faculty of the United States Air Force Institute of Technology;
"(2) is paid a rate of basic pay under the General Schedule; and
"(3) elects, under procedures prescribed by the Secretary of the Air Force, to continue to be paid under the General Schedule."
Prohibition of Decrease in Basic Pay Rate of Subsec. (c)(7), (8), or (14) Employees
Amendments by
Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of the enactment of
1 So in original. The word "or" probably should not appear.
2 So in original. Subsec. (a)(1) does not contain a cl. (viii).
3 So in original. The period probably should be a semicolon.