Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "5 U.S.C. § 5301"
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description: "Policy"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "53"
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chapter_name: "PAY RATES AND SYSTEMS"
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section: "5301"
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citation: "5 U.S.C. § 5301"
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---
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# 5 U.S.C. § 5301 - Policy
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## Text
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It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
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(1) there be equal pay for substantially equal work within each local pay area;
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(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
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(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
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(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 91–656, § 2(a), Jan. 8, 1971, 84 Stat. 1946; Pub. L. 96–465, title II, § 2314(c)(1), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1171.Oct. 11, 1962, Pub. L. 87–793, § 502, 76 Stat. 841. 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.
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Editorial Notes
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Amendments1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: “(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 sections 5305, 5306, and 5308 of this title. “(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) chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans’ Administration.” 1980—Subsec. (c)(2). Pub. L. 96–465 substituted “section 403 of the Foreign Service Act of 1980” for “subchapter IV of chapter 14 of title 22”. 1971—Pub. L. 91–656 designated provisions of first sentence as subsec. (a), incorporating former cl. (1) in cls. (1) and (2), and former cl. (2) in cl. (3), and inserted “for employees under statutory pay systems” after “Federal pay fixing”; substituted subsec. (b) reading “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 sections 5305, 5306, and 5308 of this title” for former second sentence providing “Pay levels for the several Federal statutory pay systems shall be interrelated, and pay levels shall be set and adjusted in accordance with these principles”; and added subsec. (c).
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Statutory Notes and Related Subsidiaries
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Effective Date of 1990 AmendmentSection 529 [title III, § 305] of Pub. L. 101–509 provided that: “(a) Generally.—Except as otherwise provided in this Act, this Act and the amendments made by this Act [this Act means section 529 [titles I–III, §§ 1–306] of Pub. L. 101–509, but does not include section 529 [title IV, §§ 401–412] of Pub. L. 101–509, see Short Title of 1990 Amendment; Rules of Construction note below, and see Tables for classification] shall take effect on such date as the President shall determine [see Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, set out below], but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act [Nov. 5, 1990]. “(b) Special Rule.—The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994.”
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
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Short Title of 2000 AmendmentPub. L. 106–554, § 1(a)(4) [div. B, title IX, § 901], Dec. 21, 2000, 114 Stat. 2763, 2763A–303, provided that: “This title [enacting provisions set out as notes under sections 5304 and 5305 of this title and section 204 of Title 3, The President, and amending provisions set out as a note under section 5305 of this title] may be cited as the ‘Law Enforcement Pay Equity Act of 2000’.”
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Short Title of 1993 AmendmentPub. L. 103–89, § 1, Sept. 30, 1993, 107 Stat. 981, provided that: “This Act [amending sections 3372, 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5410, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, enacting provisions set out as notes under sections 3372, 5335, 5401, and 5410 of this title, and amending provisions set out as a note under section 5304 of this title] may be cited as the ‘Performance Management and Recognition System Termination Act’.”
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Short Title of 1990 Amendment; Rules of ConstructionPub. L. 101–509, title V, § 529 [§ 1], Nov. 5, 1990, 104 Stat. 1427, provided that: “(a) Short Title.—This section, and the sections immediately following this section through section 412, inclusive [section 529 [§§ 1–412] of Pub. L. 101–509, see Tables for classification], may be cited as the ‘Federal Employees Pay Comparability Act of 1990’ (hereinafter in this section referred to as ‘FEPCA’). “(b) Rules of Construction.—(1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to ‘this Act’ (or to any title, section, or other designated provision of ‘this Act’) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). “(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’ [Pub. L. 101–509] (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA.” Pub. L. 101–509, title V, § 529 [title III, § 306], Nov. 5, 1990, 104 Stat. 1427, 1464, provided that: “Notwithstanding section 1(b) [section 529 [§ 1(b)] of Pub. L. 101–509, set out above], a reference in any of the preceding provisions of this title [section 529 [title III, §§ 301–305] of Pub. L. 101–509, enacting section 237 of Title 42, The Public Health and Welfare, amending section 212 of Title 42, and enacting provisions set out as notes under this section, section 5304 of this title, and section 212 of Title 42] to ‘this Act’ [section 529 of Pub. L. 101–509] (other than a reference in section 301) [section 529 [title III, § 301] of Pub. L. 101–509, set out below] shall not be considered to include any provision of title IV [section 529 [title IV, §§ 401–412] of Pub. L. 101–509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under sections 4521, 5305, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title].”
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Short TitlePub. L. 91–656, § 1, Jan. 8, 1971, 84 Stat. 1946, provided that: “This Act [enacting sections 5305 to 5308 and 5947 of this title, amending this section, sections 5108 and 5942 of this title, and section 410 of Title 39, Postal Service, repealing section 5302 of this title, and enacting provisions set out as notes under sections 5303 and 5942 of this title, section 60a of Title 2, The Congress, and section 410 of Title 39] may be cited as the ‘Federal Pay Comparability Act of 1970’.”
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Pay-for-Performance Labor-Management CommitteePub. L. 101–509, title V, § 529 [title I, § 111], Nov. 5, 1990, 104 Stat. 1453, provided that: “(a) Policy.—It is the policy of Congress that—“(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) Establishment.—The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. “(c) Membership.—The members of the Committee shall be—“(1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee’s education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; “(2) an employee of the Office of Personnel Management, designated by the Director of such Office; “(3) an employee of the Department of Defense, designated by the Secretary of Defense; “(4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and “(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. “(d) Pay for Members.—The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee. “(e) Administrative Support.—The Office of Personnel Management may provide staff and administrative support for the Committee. “(f) Functions.—The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. “(g) Report to the Office of Personnel Management.—No later than 1 year after the date of enactment of this Act [Nov. 5, 1990], the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to—“(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.”
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Budget Act CompliancePub. L. 101–509, title V, § 529 [title III, § 301], Nov. 5, 1990, 104 Stat. 1461, provided that: “For purposes of the Congressional Budget Act of 1974 [titles I through IX, of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, see Tables for classification], any authority to make payments under this Act or any amendment made by this Act [see Short Title of 1990 Amendment note above] shall be effective only to the extent provided for in advance in appropriation Acts.”
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Pay Rates for Current EmployeesPub. L. 101–509, title V, § 529 [title III, § 303], Nov. 5, 1990, 104 Stat. 1463, provided that: “Nothing in this Act or in any amendment made by this Act [see Short Title of 1990 Amendment note above] shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act [Nov. 5, 1990] to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service.”
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Executive Documents
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Ex. Ord. No. 12748. Providing for Federal Pay Administration Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amended by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281; Ex. Ord. No. 13106, § 8, Dec. 7, 1998, 63 F.R. 68152; Ex. Ord. No. 13415, § 2(a), Dec. 1, 2006, 71 F.R. 70641, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Employees Pay Comparability Act of 1990 (hereinafter “FEPCA”), as incorporated in section 529 of Public Law 101–509 [see Short Title of 1990 Amendment note above], and sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows: Section 1. Annual Adjustments to Pay Schedules. The following agencies are designated under section 5303(g) of title 5, United States Code, as amended by FEPCA, to prescribe conversion rules for the initial adjustment of rates of pay to be applied during each annual adjustment of pay schedules under section 5303 of title 5, United Stated Code: (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. Sec. 2. Locality-based Comparability Payments. (a) The Secretary of Labor, the Director of the Office of Management and Budget, and the Director of the Office of Personnel Management are hereby designated under section 5304(d)(1) of title 5, United States Code, as amended by FEPCA, to serve jointly as the President’s agent under section 5304 of title 5, United States Code, and shall be known in this capacity as the President’s Pay Agent. (b) The head of each executive agency employing personnel under a statutory pay system, as defined in section 5302(1) of title 5, United States Code, as amended by FEPCA, shall provide such information and assistance as may be requested by the President’s Pay Agent in carrying out the provisions of section 5304 of title 5, United States Code. (c) The President’s Pay Agent, as designated in subsection (a), is hereby authorized and designated to exercise the authorities of the President under section 5304(g)–(h) [5 U.S.C. 5304(g), (h)] concerning the extension of locality-based comparability payments to certain categories of positions not otherwise covered. Sec. 3. Previous Order Revoked. Executive Order No. 11721, as amended, is revoked. Sec. 4. Advance Payments for New Appointees. Section 2(b) of Executive Order No. 10982, as amended [5 U.S.C. 5527 note], is further amended to read as follows: “(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of section 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509.” Sec. 5. Staffing Differentials. The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 209 of FEPCA [5 U.S.C. 5305 note] to establish staffing differentials. Sec. 6. Executive Assignment System. (a) Civil Service Rule 9 (5 CFR Part 9), as established by Executive Order No. 11315, as amended, is revoked. (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. Sec. 7. Effective Dates. (a) Except as otherwise provided by Public Law 101–509, the provisions of subchapter I of chapter 53 of title 5, United States Code, as amended by section 101 of FEPCA [this subchapter], and the provisions of sections 1 through 4 of this order shall take effect on February 3, 1991. (b) Except as otherwise provided by Public Law 101–509, the remaining provisions of FEPCA and of this order shall take effect on May 4, 1991, except that the Office of Personnel Management may establish an earlier effective date, but not earlier than February 3, 1991, for any such provisions with respect to which the Office determines an earlier effective date is appropriate. [For effective dates of certain provisions of FEPCA as established by the Office of Personnel Management, see notices and rules issued by the Office of Personnel Management and published in the Federal Register at 56 F.R. 6212, 11059, 12833, 20339, and 20343.]
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---
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type: "LegalText"
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title: "5 U.S.C. § 5302"
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description: "Definitions"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "53"
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chapter_name: "PAY RATES AND SYSTEMS"
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section: "5302"
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citation: "5 U.S.C. § 5302"
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status: "current"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 5302 - Definitions
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## Text
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For the purpose of this subchapter—
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(1) the term “statutory pay system” means a pay system under—
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(A) subchapter III, relating to the General Schedule;
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(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
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(C) chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to section 7451 of title 38);
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(2) the term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
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(3) the “base quarter” for any year is the 3-month period ending on September 30 of such year;
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(4) the term “pay agent” means the agent designated by the President under section 5304(d)(1);
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(5) the term “locality” or “pay locality” means any locality, as established or modified under section 5304;
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(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;
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(7) the term “comparability payment” means a payment payable under section 5304;
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(8) the term “rates of pay under the General Schedule”, “rates of pay for the General Schedule”, or “scheduled rates of basic pay” means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and
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(9) the term “General Schedule position” means any position to which subchapter III applies.
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(Added Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L. 102–378, § 2(25), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103–89, § 3(b)(1)(E), Sept. 30, 1993, 107 Stat. 981; Pub. L. 108–411, title III, § 301(a)(1), Oct. 30, 2004, 118 Stat. 2313.)
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## Notes
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Editorial Notes
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References in TextSection 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to section 3963 of Title 22, Foreign Relations and Intercourse.
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Prior ProvisionsA prior section 5302, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 458, provided for annual reports on pay comparability, prior to repeal by Pub. L. 91–656, § 2(b)(1), Jan. 8, 1971, 84 Stat. 1946.
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Amendments2004—Par. (8). Pub. L. 108–411 added par. (8) and struck out former par. (8) which read as follows: “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”. 1993—Par. (8). Pub. L. 103–89, § 3(b)(1)(E)(i), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and”. Par. (9). Pub. L. 103–89, § 3(b)(1)(E)(ii), substituted “applies” for “applies (including any position under the performance management and recognition system)”. 1992—Par. (1)(C). Pub. L. 102–378, § 2(25)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “chapter 73 of title 38, relating to the Veterans Health Services and Research Administration;”. Par. (8)(C). Pub. L. 102–378, § 2(25)(B), added subpar. (C).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2004 AmendmentAmendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.
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Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
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Effective Date of 1992 AmendmentAmendment by Pub. L. 102–378 effective Feb. 3, 1991, see section 9(b)(5) of Pub. L. 102–378, set out as a note under section 6303 of this title.
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Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
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---
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type: "LegalText"
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title: "5 U.S.C. § 5304a"
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description: "Authority to fix an alternative level of comparability payments"
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jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
title_number: 5
|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5304a"
|
||||
citation: "5 U.S.C. § 5304a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
text_hash: "bde8e2c406c824849cb69b4cf9856f5d39968e986521dda53f05030629b81c69"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5304a - Authority to fix an alternative level of comparability payments
|
||||
|
||||
## Text
|
||||
|
||||
(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 Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
|
||||
Special Rule Relating to Comparability Payments in 1994Pub. L. 101–509, title VI, § 634, Nov. 5, 1990, 104 Stat. 1482, provided that: “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 section 5301 of this title] and any provision of law amended by such Act), for purposes of any comparability payments scheduled to take effect under section 5304 of title 5, United States Code (as amended by such Act) during calendar year 1994— “(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.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5306"
|
||||
description: "Pay fixed by administrative action"
|
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5306"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5306 - Pay fixed by administrative action
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31—
|
||||
|
||||
(1) the rates of pay of—
|
||||
|
||||
(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;
|
||||
|
||||
(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a 11 See References in Text note below. of title 40, and the Superintendent of Garages, House office buildings; and
|
||||
|
||||
(C) persons employed by the county committees established under section 590h(b) of title 16; and
|
||||
|
||||
(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 Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1949; amended Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1437; Pub. L. 102–378, § 2(27), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104–186, title II, § 215(3), Aug. 20, 1996, 110 Stat. 1745.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 166b–3a of title 40, referred to in subsec. (a)(1)(B), means section 166b–3a of former Title 40, Public Buildings, Property, and Works, which was transferred to section 1848 of Title 2, The Congress. The General Schedule, referred to in subsec. (a)(2), is set out under section 5332 of this title. Level V of the Executive Schedule, referred to in subsec. (e), is set out in section 5316 of this title.
|
||||
|
||||
Amendments1996—Subsec. (a)(1)(A). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”. 1992—Subsec. (a)(1)(B). Pub. L. 102–378 substituted “section 166b–3a” for “section 166b–3”. 1990—Pub. L. 101–509 amended section generally, substituting provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees for provisions establishing Advisory Committee on Federal Pay and setting forth its duties.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
@@ -0,0 +1,101 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5307"
|
||||
description: "Limitation on certain payments"
|
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|
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|
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|
||||
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|
||||
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|
||||
section: "5307"
|
||||
citation: "5 U.S.C. § 5307"
|
||||
status: "current"
|
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release_point: "119-100"
|
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release_date: "2026-06-26"
|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5307 - Limitation on certain payments
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.
|
||||
|
||||
(2) This section shall not apply to any payment under—
|
||||
|
||||
(A) subchapter III or VII of chapter 55 or section 5596;
|
||||
|
||||
(B) chapter 57 (other than section 5753, 5754, 5755, or 5757); 11 See References in Text note below. or
|
||||
|
||||
(C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 5948).
|
||||
|
||||
(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 22 So in original. Probably should be “applying”. the limitations under subsection (a) with respect to such calendar year.
|
||||
|
||||
(c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
|
||||
|
||||
(d) (1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting “the total annual compensation payable to the Vice President under section 104 of title 3” for “the annual rate of basic pay payable for level I of the Executive Schedule” in the case of any employee who—
|
||||
|
||||
(A) is paid under section 5376 or 5383 of this title, section 332(f), 603, or 604 of title 28, or section 108 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849); and
|
||||
|
||||
(B) holds a position in or under an agency which is described in paragraph (2).
|
||||
|
||||
(2) An agency described in this paragraph is any agency which, for purposes of applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance.
|
||||
|
||||
(3) (A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made.
|
||||
|
||||
(B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements.
|
||||
|
||||
(C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget.
|
||||
|
||||
(4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
|
||||
|
||||
(5) (A) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection—
|
||||
|
||||
(i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress;
|
||||
|
||||
(ii) with respect to employees of the Office of the Architect of the Capitol shall be the responsibility of the Architect of the Capitol; and
|
||||
|
||||
(iii) with respect to employees of the Government Publishing Office shall be the responsibility of the Director of the Government Publishing Office.
|
||||
|
||||
(B) The regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
|
||||
|
||||
(Added Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1950; amended Pub. L. 97–258, § 3(a)(10), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1438; Pub. L. 102–77, § 2, July 26, 1991, 105 Stat. 369; Pub. L. 107–273, div. A, title II, § 207(b), Nov. 2, 2002, 116 Stat. 1780; Pub. L. 107–296, title XIII, § 1322, Nov. 25, 2002, 116 Stat. 2297; Pub. L. 110–372, § 3(a), Oct. 8, 2008, 122 Stat. 4045; Pub. L. 114–113, div. I, title II, § 210(a), Dec. 18, 2015, 129 Stat. 2674.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel I of the Executive Schedule, referred to in subsecs. (a)(1) and (d)(1), is set out in section 5312 of this title. Section 5757, referred to in subsec. (a)(2)(B), probably means the section 5757 of this title added by Pub. L. 107–273, relating to extended assignment incentive.
|
||||
|
||||
Amendments2015—Subsec. (d)(1)(A). Pub. L. 114–113, § 210(a)(1), substituted “this title, section 332(f), 603, or 604 of title 28, or section 108 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849)” for “this title or section 332(f), 603, or 604 of title 28”. Subsec. (d)(5). Pub. L. 114–113, § 210(a)(2), added par. (5). 2008—Subsec. (d)(2). Pub. L. 110–372, § 3(a)(1), substituted “applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance” for “the calendar year involved, has been certified under this subsection as having a performance appraisal system which (as designed and applied) makes meaningful distinctions based on relative performance”. Subsec. (d)(3)(B). Pub. L. 110–372, § 3(a)(2), substituted “The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months” for “An agency’s certification under this subsection shall be for a period of 2 calendar years” and struck out “, for purposes of either or both of those years,” after “time”. 2002—Subsec. (a)(1). Pub. L. 107–296, § 1322(b)(1), inserted “or as otherwise provided under subsection (d),” after “under law,”. Subsec. (a)(2)(B). Pub. L. 107–273 substituted “5755, or 5757” for “or 5755”. Subsec. (c). Pub. L. 107–296, § 1322(b)(2), substituted “this section (subject to subsection (d)),” for “this section,”. Subsec. (d). Pub. L. 107–296, § 1322(a), added subsec. (d). 1991—Subsec. (a). Pub. L. 102–77, § 2(1)–(3), designated existing provisions as par. (1), substituted “cause the” for “cause to the”, and added par. (2). Subsec. (b)(3). Pub. L. 102–77, § 2(4), struck out par. (3) which read as follows: “Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e).” 1990—Pub. L. 101–509 amended section generally, substituting provisions prohibiting cash payments to employees in excess of annual rate of basic pay payable for level I of Executive Schedule in a calendar year, for provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees. 1982—Subsec. (a). Pub. L. 97–258 substituted “sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15” for “section 665”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2015 AmendmentPub. L. 114–113, div. I, title II, § 210(b), Dec. 18, 2015, 129 Stat. 2674, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 18, 2015].”
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–372, § 3(c), Oct. 8, 2008, 122 Stat. 4046, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 8, 2008].”
|
||||
|
||||
Effective Date of 2002 AmendmentsAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. Pub. L. 107–273, div. A, title II, § 207(c), Nov. 2, 2002, 116 Stat. 1780, provided that: “The amendments made by this section [enacting section 5757 of this title and amending this section] shall take effect on the first day of the first applicable pay period beginning on or after 6 months after the date of enactment of this Act [Nov. 2, 2002].”
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
ConstructionPub. L. 115–41, title II, § 204(d), June 23, 2017, 131 Stat. 876, provided that: “Nothing in this Act [see Short Title of 2017 Amendment note set out under section 101 of Title 38, Veterans’ Benefits] or the amendments made by this Act may be construed to modify the certification issued by the Office of Personnel Management and the Office of Management and Budget regarding the performance appraisal system of the Senior Executive Service of the Department of Veterans Affairs.”
|
||||
|
||||
Extension of CertificationPub. L. 110–372, § 3(b), Oct. 8, 2008, 122 Stat. 4045, provided that: “(1) Extension to 2009.—“(A) In general.—For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment of this Act [Oct. 8, 2008] and scheduled to expire at the end of calendar year 2008, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. “(B) Limitation.—The expiration of any extension under this paragraph shall be not later than the later of—“(i) June 30, 2009; or “(ii) the first anniversary of the date of the certification. “(2) Extension to 2010.—“(A) In general.—For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment and scheduled to expire at the end of calendar year 2009, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. “(B) Limitation.—The expiration of any extension under this paragraph shall be not later than the later of—“(i) June 30, 2010; or “(ii) the second anniversary of the date of the certification.”
|
||||
|
||||
Executive Documents
|
||||
|
||||
Freeze on Discretionary Awards, Bonuses, and Similar Payments for Federal Political Appointees Memorandum of President of the United States, Aug. 3, 2010, 75 F.R. 47433, provided: Memorandum for the Assistant to the President and Chief of Staff [and] The Heads of Executive Departments and Agencies At a time when so many American families are struggling to make ends meet, I am committed to making sure the Federal Government is spending the taxpayers’ money wisely and carefully, and cutting costs wherever possible. I am committed to ending programs that do not work, streamlining those that do, and bringing a new responsibility for stewardship of tax dollars. Like households and businesses across the country, the Federal Government is tightening its belt. This effort began during my first days in office, when I froze the salaries of the senior members of my White House Staff. As a next step in this effort, I direct you to suspend cash awards, quality step increases, bonuses, and similar discretionary payments or salary adjustments to any politically appointed Federal employee, commencing immediately, and continuing through the end of Fiscal Year 2011. I also direct the Office of Personnel Management to issue guidance, in consultation with the Office of Management and Budget, to assist departments and agencies in implementing this policy. In addition to these actions freezing discretionary payments, I have proposed in my Budget for Fiscal Year 2011 a salary freeze for senior political appointees throughout the Federal Government. Unlike the administrative action I have taken today in this memorandum, my proposed salary freeze requires legislation, so it cannot be implemented absent legislative action by the Congress. I appreciate the hard work of our Federal workforce, and understand how important these payments can be to many workers and their families. Yet like households and businesses across the country, we need to make tough choices about how to spend our funds. This memorandum shall be carried out to the extent permitted by law and consistent with executive departments’ and agencies’ legal authorities. Nothing in this memorandum shall be construed to affect payments or salary adjustments for Federal employees who are not political appointees. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register. Barack Obama.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5308"
|
||||
description: "Omitted]"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5308"
|
||||
citation: "5 U.S.C. § 5308"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
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||||
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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text_hash: "0dd70d45ac5ffcf6cb4c2ec12f720d28882afef19d40335927842bed168b6dc3"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5308 - Omitted]
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, added Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1951, relating to pay limitation, was omitted in the general revision of this subchapter by Pub. L. 101–509.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5311"
|
||||
description: "The Executive Schedule"
|
||||
jurisdiction: "us"
|
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corpus: "united_states_code"
|
||||
kind: "code_section"
|
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title_number: 5
|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5311"
|
||||
citation: "5 U.S.C. § 5311"
|
||||
status: "current"
|
||||
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5311 - The Executive Schedule
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 95–454, title IV, §§ 408(b)(1), 414(b)(1), Oct. 13, 1978, 92 Stat. 1173, 1178; Pub. L. 96–54, § 2(a)(24), Aug. 14, 1979, 93 Stat. 382; Pub. L. 100–325, § 2(h)(1), (2), May 30, 1988, 102 Stat. 582; Pub. L. 101–509, title V, § 529 [title I, § 104(c)], Nov. 5, 1990, 104 Stat. 1427, 1447.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2210.Aug. 14, 1964, Pub. L. 88–426, § 302, 78 Stat. 415. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Pub. L. 101–509 struck out “(a)” before “The Executive Schedule, which” and struck out subsec. (b) which read as follows: “(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 section 5316 of this title, or “(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 section 5316 of this title; but does not include any Senior Executive Service position (as defined in section 3132(a) of this title) or any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.” 1988—Subsec. (a). Pub. L. 100–325, § 2(h)(1), inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. Subsec. (b)(2). Pub. L. 100–325, § 2(h)(2), substituted “(as defined in section 3132(a) of this title) or any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service” for “, as defined in section 3132(a) of this title” in concluding provision. 1979—Subsec. (b)(1). Pub. L. 96–54 inserted “of the Office of Personnel Management” after “Director”. 1978—Pub. L. 95–454, § 408(b)(1), inserted reference to Senior Executive Service positions. Pub. L. 95–454, § 414(b)(1), designated existing provisions as subsec. (a) and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
|
||||
Plan for Authorizing Executive Level Positions in Executive Branch; Presidential Submission to CongressSection 414(b)(2) of Pub. L. 95–454 required President to transmit by Jan. 1, 1980, a plan to Congress for authorizing executive level positions in executive branch.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5312"
|
||||
description: "Positions at level I"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5312"
|
||||
citation: "5 U.S.C. § 5312"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5312 - Positions at level I
|
||||
|
||||
## Text
|
||||
|
||||
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 chapter 11 of title 2, as adjusted by section 5318 of this title: 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. Secretary of Homeland Security. Director of the Office of Management and Budget. Commissioner of Social Security, Social Security Administration. Director of National Drug Control Policy. Chairman, Board of Governors of the Federal Reserve System. Director of National Intelligence.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89–670, § 10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91–375, § 6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93–618, title I, § 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94–82, title II, § 202(b)(1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95–91, title VII, § 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–54, § 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–88, title V, § 508(c), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 97–456, § 3(d)(1), (5), Jan. 12, 1983, 96 Stat. 2505; Pub. L. 99–198, title XI, § 1113(d), Dec. 23, 1985, 99 Stat. 1480; Pub. L. 99–260, § 4(c), Mar. 20, 1986, 100 Stat. 49; Pub. L. 100–527, § 13(c), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100–679, § 11(a), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100–690, title I, § 1003(a)(4)(A), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 103–296, title I, § 108(e)(1), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 105–277, div. C, title VII, § 713(a)(1), Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 106–569, title X, § 1002(a)(1), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107–296, title XVII, § 1702(a)(1), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108–458, title I, § 1015(a), Dec. 17, 2004, 118 Stat. 3664.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2211(a).Aug. 14, 1964, Pub. L. 88–426, § 303(a), 78 Stat. 416. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextChapter 11 of title 2, referred to in text, probably means section 225 of Pub. L. 90–206, which is classified generally to chapter 11 (§ 351 et seq.) of Title 2, The Congress. For complete classification of section 225 to the Code, see Tables.
|
||||
|
||||
Codification Paragraph designation for the position added by Pub. L. 96–88 has been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96–54.
|
||||
|
||||
Amendments2004—Pub. L. 108–458 inserted item relating to Director of National Intelligence. 2002—Pub. L. 107–296 inserted item relating to Secretary of Homeland Security. 2000—Pub. L. 106–569 inserted item relating to Chairman, Board of Governors of the Federal Reserve System. 1998—Pub. L. 105–277 inserted item relating to Director of National Drug Control Policy. 1994—Pub. L. 103–296 inserted item relating to Commissioner of Social Security, Social Security Administration. 1988—Pub. L. 100–690, §§ 1003(a)(4)(A), 1009, temporarily inserted item relating to Director of National Drug Control Policy. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100–679 inserted item relating to Director of Office of Management and Budget. Pub. L. 100–527 inserted item relating to Secretary of Veterans Affairs. 1986—Pub. L. 99–260 struck out item relating to Special Assistant for Agricultural Trade and Food Aid. 1985—Pub. L. 99–198 inserted item relating to Special Assistant for Agricultural Trade and Food Aid. 1983—Pub. L. 97–456, § 3(d)(5), substituted “United States Trade Representative” for “Special Representative for Trade Negotiations”. 1979—Pub. L. 96–88, § 508(g), substituted “Health and Human Services” for “Health, Education, and Welfare” in item relating to the Secretary of Health and Human Services. Pars. (1) to (14). Pub. L. 96–54 struck out paragraph designations for positions listed herein. Par. (15). Pub. L. 96–88, § 508(c), added par. (15) relating to Secretary of Education. See Codification note set out above. 1977—Par. (14). Pub. L. 95–91 added par. (14) relating to Secretary of Energy. 1975—Pub. L. 94–82 substituted provisions applying level I of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title for provisions applying such level I to positions for which annual rate of basic pay is $35,000. Par. (13). Pub. L. 93–618 added par. (13) relating to Special Representative for Trade Negotiations. 1970—Par. (5). Pub. L. 91–375 struck out par. (5) relating to Postmaster General. 1966—Pub. L. 89–670 added par. (11) relating to Secretary of Housing and Urban Development, and par. (12) relating to Secretary of Transportation.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentFor Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
|
||||
|
||||
Effective Date of 2000 AmendmentPub. L. 106–569, title X, § 1002(b), Dec. 27, 2000, 114 Stat. 3028, provided that: “This section [amending this section and sections 5313 and 5314 of this title] and the amendments made by this section shall take effect on the first day of the first pay period for the Chairman and Members of the Board of Governors of the Federal Reserve System beginning on or after the date of the enactment of this Act [Dec. 27, 2000].”
|
||||
|
||||
Effective and Termination Dates of 1988 AmendmentsAmendment by Pub. L. 100–690 effective Jan. 21, 1989, and repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100–690. Pub. L. 100–679, § 11(e), Nov. 17, 1988, 102 Stat. 4070, provided that: “The amendments made by this section [amending sections 5312 to 5315 of this title] shall be effective on January 20, 1989.” Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.
|
||||
|
||||
Effective Date of 1979 AmendmentsAmendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education. Pub. L. 96–54, § 2(a)(25)(B), Aug. 14, 1979, 93 Stat. 382, provided that: The amendments made by subparagraph (A) [amending sections 5312 to 5316 of this title] shall take effect January 1, 1980”.
|
||||
|
||||
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
|
||||
|
||||
Effective Date of 1966 AmendmentAmendment by Pub. L. 89–670 effective 90 days after Secretary of Transportation first takes office, or on any earlier date after Oct. 15, 1966, as President prescribes and publishes in Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670.
|
||||
|
||||
Short Title of 1975 AmendmentPub. L. 94–82, title II, § 201, Aug. 9, 1975, 89 Stat. 419, provided that: “This title [see Tables for classification] may be cited as the ‘Executive Salary Cost-of-Living Adjustment Act’.”
|
||||
|
||||
Compensation and Emoluments of Secretary of the Interior; Fixing at Level in Effect on January 1, 2005Pub. L. 111–1, § 1, Jan. 16, 2009, 123 Stat. 3, provided that: “(a) In General.—The compensation and other emoluments attached to the office of Secretary of the Interior shall be those in effect January 1, 2005, notwithstanding any increase in such compensation or emoluments after that date under any provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of January 3, 2005, and ending at noon of January 3, 2011. “(b) Civil Action and Appeal.—“(1) Jurisdiction.—Any person aggrieved by an action of the Secretary of the Interior may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of the Interior on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy. “(2) Three judge panel.—Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of the Interior on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection. “(3) Appeal.—“(A) Direct appeal to supreme court.—An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of the Interior under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered. “(B) Jurisdiction.—The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal. “(c) Effective Date.—This joint resolution shall take effect at 12:00 p.m. on January 20, 2009.”
|
||||
|
||||
Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on January 1, 2007Pub. L. 110–455, Dec. 19, 2008, 122 Stat. 5036, provided that: “(a) In General.—The compensation and other emoluments attached to the office of Secretary of State shall be those in effect January 1, 2007, notwithstanding any increase in such compensation or emoluments after that date under any provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of January 3, 2007, and ending at noon of January 3, 2013. “(b) Civil Action and Appeal.—“(1) Jurisdiction.—Any person aggrieved by an action of the Secretary of State may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy. “(2) Three judge panel.—Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection. “(3) Appeal.—“(A) Direct appeal to supreme court.—An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of State under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered. “(B) Jurisdiction.—The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal. “(c) Effective Date.—This joint resolution shall take effect at 12:00 p.m. on January 20, 2009.”
|
||||
|
||||
Compensation and Emoluments of Secretary of the Treasury at Level in Effect on January 1, 1989For provisions limiting compensation and emoluments of Secretary of the Treasury at levels in effect on Jan. 1, 1989, see section 1(a) of Pub. L. 103–2, set out as a note under section 301 of Title 31, Money and Finance.
|
||||
|
||||
Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on January 1, 1977Pub. L. 96–241, § 1, May 3, 1980, 94 Stat. 343, limited the compensation and other emoluments attached to the office of Secretary of State to those in effect Jan. 1, 1977, during the period beginning May 3, 1980, and ending on the date on which the first individual appointed to that office after May 3, 1980, ceases to hold that office.
|
||||
|
||||
Compensation and Emoluments of Attorney General; Fixing at Level in Effect on January 1, 1969Provisions of Pub. L. 93–178, § 1, Dec. 10, 1973, 87 Stat. 697, which fixed the compensation and other emoluments attached to the Office of Attorney General at level in effect on Jan. 1, 1969, notwithstanding any other provision of law enacted or becoming effective during period from noon, Jan. 3, 1969, through noon, Jan. 2, 1975, were repealed by Pub. L. 94–2, Feb. 18, 1975, 89 Stat. 4, effective as of Feb. 4, 1975.
|
||||
|
||||
Salary IncreasesFor adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title.
|
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|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5317"
|
||||
description: "Presidential authority to place positions at levels IV and V"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
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|
||||
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|
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|
||||
|
||||
# 5 U.S.C. § 5317 - Presidential authority to place positions at levels IV and V
|
||||
|
||||
## Text
|
||||
|
||||
In addition to the positions listed in sections 5315 and 5316 of this title, the President, from time to time, may place in levels IV and V of the Executive Schedule positions held by not to exceed 34 individuals when he considers that action necessary to reflect changes in organization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appointment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this section shall be published in the Federal Register, except when the President determines that the publication would be contrary to the interest of national security. The President may not take action under this section with respect to a position the pay for which is fixed at a specific rate by this subchapter or by statute enacted after August 14, 1964.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 89–670, § 10(d)(6), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90–83, § 1(17), Sept. 11, 1967, 81 Stat. 199.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2211(f).Aug. 14, 1964, Pub. L. 88–426, § 303(f), 78 Stat. 421. 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 ActThe amendment to 5 U.S.C. 5317 conforms to the style of title 5.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1966—Pub. L. 89–670 increased from thirty to thirty-four the number of additional level IV and V positions authorized when necessary.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1966 AmendmentAmendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Executive Order No. 11189 Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
|
||||
|
||||
Executive Order No. 11195 Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
|
||||
|
||||
Executive Order No. 11861 Ex. Ord. 11861, May 21, 1975, 40 F.R. 22531, as amended by Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579; Ex. Ord. No. 11872, July 21, 1975, 40 F.R. 30619; Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797; Ex. Ord. No. 11885, Oct. 15, 1975, 40 F.R. 48491; Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040; Ex. Ord. No. 11898, Jan. 14, 1976, 41 F.R. 2365; Ex. Ord. No. 11908, Mar. 18, 1976, 41 F.R. 11805; Ex. Ord. No. 11927, July 22, 1976, 41 F.R. 30583; Ex. Ord. No. 11976, Mar. 11, 1977, 42 F.R. 14081; Ex. Ord. No. 11983, May 4, 1977, 42 F.R. 23127; Ex. Ord. No. 11986, May 20, 1977, 42 F.R. 26407; Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841; Ex. Ord. No. 11999, June 27, 1977, 42 F.R. 33255; Ex. Ord. No. 12025, Dec. 1, 1977, 42 F.R. 61447; Ex. Ord. No. 12035, Jan. 20, 1978, 43 F.R. 3073; Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315; Ex. Ord. No. 12069, June 30, 1978, 43 F.R. 28973, which related to the placement of certain positions in levels IV and V, was revoked by Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, formerly set out below.
|
||||
|
||||
Executive Order No. 11864 Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579, which placed the position of Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975, in level IV of the Executive Schedule was superseded by Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797.
|
||||
|
||||
Executive Order No. 11995 Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841, which placed the position of Executive Director, Federal Personnel Management Systems Study, United States Civil Service Commission, in level V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
|
||||
|
||||
Executive Order No. 12076 Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, as amended by Ex. Ord. No. 12099, Nov. 17, 1978, 43 F.R. 54191; Ex. Ord. No. 12111, Jan. 2, 1979, 44 F.R. 1071; Ex. Ord. No. 12119, Feb. 14, 1979, 44 F.R. 10039, which related to the placement of positions in levels IV and V of the Federal Executive Salary Schedule, was revoked by Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, set out below.
|
||||
|
||||
Ex. Ord. No. 12154. Placement of Positions in Levels IV and V Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, as amended by Ex. Ord. No. 12199, Mar. 12, 1980, 45 F.R. 16441; Ex. Ord. No. 12236, Sept. 3, 1980, 45 F.R. 58805; Ex. Ord. No. 12237, Sept. 3, 1980, 45 F.R. 58807; Ex. Ord. No. 12422, May 20, 1983, 48 F.R. 23157; Ex. Ord. No. 12431, July 8, 1983, 48 F.R. 31849; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12678, Apr. 28, 1989, 54 F.R. 18872; Ex. Ord. No. 12679, June 23, 1989, 54 F.R. 27149; Ex. Ord. No. 12749, Feb. 4, 1991, 56 F.R. 4711; Ex. Ord. No. 12758, Apr. 5, 1991, 56 F.R. 14631; Ex. Ord. No. 12814, Sept. 10, 1992, 57 F.R. 42483; Ex. Ord. No. 12833, Jan. 19, 1993, 58 F.R. 5907; Ex. Ord. No. 12841, Mar. 9, 1993, 58 F.R. 13529; Ex. Ord. No. 12942, Dec. 12, 1994, 59 F.R. 64551; Ex. Ord. No. 13063, Sept. 30, 1997, 62 F.R. 51757, provided: By the authority vested in me as President by Section 5317 of Title 5 of the United States Code it is hereby ordered as follows:
|
||||
|
||||
1–1. Executive Schedule Positions1–101. The following positions are placed in level IV of the Executive Schedule: (a) Counselor to the Secretary, Department of the Treasury. (b) Deputy Under Secretary for International Labor Affairs, Department of Labor. (c) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health and Human Services. (d) Executive Secretary of the National Security Council. (e) Administrator, Office of Juvenile Justice and Delinquency Prevention, Department of Justice. (f) Comptroller of the Department of Defense [now Under Secretary of Defense (Comptroller)]. (g) Assistant Secretary of the Air Force (1). (h) Director, Office for Victims of Crime, Department of Justice. (i) Director, Bureau of Justice Assistance, Department of Justice. (j) Director of the National Institutes of Health. (k) Members, Chemical Safety and Hazard Investigation Board (5). (k)[(l)] Commissioner on Aging [now Assistant Secretary for Aging], Department of Health and Human Services[.] 1–102. The following positions are placed in level V of the Executive Schedule: (a) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense. (b) Executive Assistant and Counselor to the Secretary of Labor, Department of Labor. (c) Deputy Under Secretary for Education, Department of Education. (d) Deputy Under Secretary for Education, Department of Education. (e) Commissioner, Administration for Native Americans[.]
|
||||
|
||||
1–2. General Provisions1–201. 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.
|
||||
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|
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|
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---
|
||||
|
||||
# 5 U.S.C. § 5318 - Adjustments in rates of pay
|
||||
|
||||
## Text
|
||||
|
||||
(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 section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which 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) 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 Pub. L. 94–82, title II, § 202(a), Aug. 9, 1975, 89 Stat. 419; amended Pub. L. 101–194, title VII, § 704(a)(2)(A), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(A)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103–356, title I, § 101(3), Oct. 13, 1994, 108 Stat. 3411.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in text, is set out under section 5332 of this title. Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of Pub. L. 101–194, which is set out below.
|
||||
|
||||
Amendments1994—Pub. L. 103–356 designated existing provisions as subsec. (a), substituted “Subject to subsection (b), effective” for “Effective”, and added subsec. (b). 1990—Pub. L. 101–509 substituted “5303” for “5305”. 1989—Pub. L. 101–194 substituted “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” for “corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1994 AmendmentPub. L. 103–356, title I, § 101, Oct. 13, 1994, 108 Stat. 3410, provided that the amendment made by that section is effective as of Dec. 31, 1994.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1989 AmendmentPub. L. 101–194, title VII, § 704(b), Nov. 30, 1989, 103 Stat. 1769, provided that: “This section and the amendments made by this section [amending this section, section 4501 of Title 2, The Congress, section 104 of Title 3, The President, and section 461 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under this section] shall take effect on January 1, 1991.”
|
||||
|
||||
Salary Levels of Senior Government OfficialsPub. L. 102–90, title I, § 6(a), Aug. 14, 1991, 105 Stat. 450, provided that: “The rate of pay for the offices referred to under section 703(a)(2)(B) of the Ethics Reform Act of 1989 [Pub. L. 101–194] (5 U.S.C. 5318 note) shall be the rate of pay that would be payable for each such office if the provisions of sections 703(a)(2)(B) and 1101(a)(1)(A) of such Act (5 U.S.C. 5318 note and 5305 note) had not been enacted.” Pub. L. 101–194, title VII, § 703, Nov. 30, 1989, 103 Stat. 1768, provided that: “(a) Salary Levels.—“(1) Executive positions.—Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for positions in the Executive Schedule shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). “(2) Legislative positions; office of the vice president.—“(A) Generally.—Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for the offices and positions under subparagraphs (A) and (B) of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356(A) and (B)) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100), except as provided in subparagraph (B). “(B) Exceptions.—Nothing in subparagraph (A) shall affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. “(3) Judicial positions.—Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). “(b) Coordination Rule.—If a pay adjustment under subsection (a) is to be made for an office or position as of the same date as any other pay adjustment affecting such office or position, the adjustment under subsection (a) shall be made first.”
|
||||
|
||||
Revision in Method by Which Annual Pay Adjustments for Certain Executive, Legislative, and Judicial Positions Are To Be MadePub. L. 101–194, title VII, § 704(a), Nov. 30, 1989, 103 Stat. 1769, provided that: “(a) Percent Change in the Employment Cost Index.—“(1) Method for computing percent change in the eci.—“(A) Definitions.—For purposes of this paragraph—“(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) Method.—For purposes of the provisions of law amended by paragraph (2), the ‘most recent percentage change in the ECI’, as of any date, shall be one-half of 1 percent less than the percentage (rounded to the nearest one-tenth of 1 percent) derived by—“(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) Provisions through which new method is to be implemented.—“(A) Amendment to titles 3, 5, and 28 of the united states code.—Section 104 of title 3, United States Code, section 5318 of title 5, United States Code, and section 461(a) of title 28, United States Code, are amended by striking ‘corresponds to’ and all that follows thereafter through the period, and inserting the following: ‘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) Amendment to the legislative reorganization act of 1946.—Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) [now 2 U.S.C. 4501(2)] is amended by striking ‘corresponds to’ and all that follows thereafter through the period and inserting the following: ‘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, 1983Pub. L. 98–51, title III, § 304, July 14, 1983, 97 Stat. 279, reduced the rate of salary or basic pay prescribed by law as of July 14, 1983, for any office or position at level I, II, or III of the Executive Schedule, any Member of Congress, and certain other offices and positions in the legislative, executive, or judicial branch, or in the government of the District of Columbia and also reduced the maximum rate of salary or basic pay prescribed by law as of July 14, 1983, for certain offices and positions in the legislative, executive, or judicial branch, or in the government of the District of Columbia.
|
||||
|
||||
Limitation on Maximum Rate of Salary Increases for Senior Executive, Judicial, and Legislative Positions for Services Performed After December 17, 1982Pub. L. 97–377, title I, § 129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, reduced salary increases for senior executive, judicial, and legislative positions (including Members of Congress but excluding Senators) from up to 27.2 percent to 15 percent.
|
||||
|
||||
Fiscal Year 1983 Limitation on Use of Funds for Pay Adjustments for Certain PositionsSection 306(a), (b), and (d) of S. 2939, Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, made applicable by Pub. L. 97–276, § 101(e), Oct. 2, 1982, 96 Stat. 1189, as amended by Pub. L. 97–377, title I, § 129(a), Dec. 21, 1982, 96 Stat. 1914, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1983, 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 exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1982, if that rate was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution.
|
||||
|
||||
Fiscal Year 1982 Limitation on Use of Funds for Pay Adjustments for Certain PositionsSection 305(a), (b), and (d) of H.R. 4120, as reported July 9, 1981, made applicable by Pub. L. 97–92, § 101(g), Dec. 15, 1981, 95 Stat. 1190, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1982, 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 exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1981, if that rate was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 97–51, § 101(c), Oct. 1, 1981, 95 Stat. 959, as amended by Pub. L. 97–85, Nov. 23, 1981, 95 Stat. 1098. Pub. L. 97–92, § 141, Dec. 15, 1981, 95 Stat. 1200, provided that nothing in section 305 of H.R. 4120, made applicable by section 101(g) of Pub. L. 97–92, required that the rate of salary or basic pay, payable to any individual for or on account of services performed after Dec. 31, 1981, be limited to or reduced to an amount which was less than $59,500 for pay corresponding to the rate of basic pay for level III of the Executive Schedule under section 5314 of this title; $58,500 for pay corresponding to the rate of basic pay for level IV of the Executive Schedule under section 5315 of this title; or $57,500 for pay corresponding to the rate of basic pay for level V of the Executive Schedule under section 5316 of this title. Any adjustment to the pay of an employee paid by the Clerk of the House was to result in pay no less than that of an employee paid by the Secretary of the Senate holding an equivalent position.
|
||||
|
||||
Fiscal Year 1981 Limitation on Use of Funds for Pay Adjustments for Certain PositionsSection 306(a), (b), and (d) of H.R. 7593, as passed the House of Representatives on July 21, 1980, made applicable by Pub. L. 96–536, § 101(c), Dec. 16, 1980, 94 Stat. 3167, as amended by Pub. L. 97–12, title IV, § 401, June 5, 1981, 95 Stat. 95, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1981, 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 exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1980, if the rate of salary or basic pay for that office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 96–369, § 101(c), Oct. 1, 1980, 94 Stat. 1352.
|
||||
|
||||
Fiscal Year 1980 Limitation on Use of Funds for Pay Adjustments for Certain PositionsPub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657, for the fiscal year 1980, prohibited the use of funds available for payment to executive employees, including Members of Congress, entitled under existing law to approximately 12.9 percent increase in pay, to pay any such employee or official any sum in excess of 5.5 percent increase in existing pay, and such sum, if accepted, would be in lieu of the 12.9 percent due for such fiscal year.
|
||||
|
||||
Fiscal Year 1979 Limitation on Use of Funds for Pay Adjustments for Certain PositionsPub. L. 95–429, title VI, § 613, Oct. 10, 1978, 92 Stat. 1017, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1979, 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 exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1978, if the rate of salary or basic pay for such office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Identical provisions were enacted by Pub. L. 95–391, title III, § 304, Sept. 30, 1978, 92 Stat. 788.
|
||||
|
||||
1977 Comparability Adjustment Not Effective for Certain PositionsPub. L. 95–66, July 11, 1977, 91 Stat. 270, nullified the first adjustment in pay which would have been made after July 11, 1977, under the following provisions of law: the second sentence of section 104 of Title 3, The President; par. (2) of section 4501 of Title 2, The Congress; section 461 of Title 28, Judiciary and Judicial Procedure; and section 5318 of this title.
|
||||
|
||||
Fiscal Year 1977 Limitation on Use of Funds for Pay Adjustments for Certain PositionsPub. L. 94–440, title II, Oct. 1, 1976, 90 Stat. 1446, prohibited the use of funds appropriated in any Act to pay the salary of an individual in a position or office referred to in section 356 of Title 2, The Congress, at a rate exceeding the salary rate for such position or office in effect on Sept. 30, 1976, except increases submitted by the President pursuant to sections 351 to 364 of Title 2.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5331"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5331"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5331 - Definitions; application
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this subchapter, “agency”, “employee”, “position”, “class”, and “grade” have the meanings given them by section 5102 of this title.
|
||||
|
||||
(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 95–454, title IV, § 408(b)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 100–325, § 2(h)(3), May 30, 1988, 102 Stat. 582; Pub. L. 101–509, title V, § 529 [title I, § 102(c)], Nov. 5, 1990, 104 Stat. 1427, 1444.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Subsec. (b). Pub. L. 101–509 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “This subchapter applies to employees and positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which chapter 51 of this title applies.” 1988—Subsec. (b). Pub. L. 100–325 inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1978—Subsec. (b). Pub. L. 95–454 inserted reference to Senior Executive Service positions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
|
||||
|
||||
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53References in laws to fix pay in accordance with this subchapter and chapter 51 of this title considered to include authority under section 5376 of this title, if applicable, but not to include any authority under section 5304 of this title or section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under section 5304 of this title, see section 529 [title I, § 101(c)(2)] of Pub. L. 101–509, set out in a References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,107 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5332a"
|
||||
description: "Special base rates of pay for wildland firefighters"
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5332a"
|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5332a - Special base rates of pay for wildland firefighters
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definitions.— In this section—
|
||||
|
||||
(1) the term “firefighter” means an employee who—
|
||||
|
||||
(A) is a firefighter within the meaning of section 8331(21) or section 8401(14);
|
||||
|
||||
(B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section;
|
||||
|
||||
(C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or
|
||||
|
||||
(D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84;
|
||||
|
||||
(2) the term “General Schedule base rate” means an annual rate of basic pay established under section 5332 before any additions, such as a locality-based comparability payment under section 5304 or 5304a or a special rate supplement under section 5305;
|
||||
|
||||
(3) the term “special base rate” means an annual rate of basic pay payable to a wildland firefighter, before any additions or reductions, that replaces the General Schedule base rate otherwise applicable to the wildland firefighter and that is administered in the same manner as a General Schedule base rate; and
|
||||
|
||||
(4) the term “wildland firefighter” means a firefighter—
|
||||
|
||||
(A) who is employed by the Forest Service or the Department of the Interior; and
|
||||
|
||||
(B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires.
|
||||
|
||||
(b) Special Base Rates of Pay.— (1) Entitlement to special rate.— Notwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall—
|
||||
|
||||
(A) replace the otherwise applicable General Schedule base rate for the wildland firefighter;
|
||||
|
||||
(B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and
|
||||
|
||||
(C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule.
|
||||
|
||||
(2) Computation.— (A) In general.— The special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar:
|
||||
|
||||
(i) For GS–1, 42 percent.
|
||||
|
||||
(ii) For GS–2, 39 percent.
|
||||
|
||||
(iii) For GS–3, 36 percent.
|
||||
|
||||
(iv) For GS–4, 33 percent.
|
||||
|
||||
(v) For GS–5, 30 percent.
|
||||
|
||||
(vi) For GS–6, 27 percent.
|
||||
|
||||
(vii) For GS–7, 24 percent.
|
||||
|
||||
(viii) For GS–8, 21 percent.
|
||||
|
||||
(ix) For GS–9, 18 percent.
|
||||
|
||||
(x) For GS–10, 15 percent.
|
||||
|
||||
(xi) For GS–11, 12 percent.
|
||||
|
||||
(xii) For GS–12, 9 percent.
|
||||
|
||||
(xiii) For GS–13, 6 percent.
|
||||
|
||||
(xiv) For GS–14, 3 percent.
|
||||
|
||||
(xv) For GS–15, 1.5 percent.
|
||||
|
||||
(B) Hourly, daily, weekly, or biweekly rates.— When the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b).
|
||||
|
||||
(Added Pub. L. 119–4, div. A, title VIII, § 1807, Mar. 15, 2025, 139 Stat. 30.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section is based on section 456(a) of H.R. 8998, from the 118th Congress (Department of the Interior, Environment, and Related Congress, Agencies Appropriations Act, 2025), as passed by the House of Representatives on July 24, 2024, which was enacted into law by section 1807 of div. A of Pub. L. 119–4.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 456(d) of H.R. 8998, from the 118th Congress, as passed by the House of Representatives on July 24, 2024, which was enacted into law by Pub. L. 119–4, div. A, title VIII, § 1807, Mar. 15, 2025, 139 Stat. 30, provided that: “The amendments made by this section [enacting this section, amending section 5343 of this title, and enacting provisions set out as a note under section 6592 of Title 16, Conservation] shall take effect on the first day of the first applicable pay period beginning on or after either October 1, 2024 or the date of enactment of this Act [Mar. 15, 2025], whichever is later.”
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5333"
|
||||
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|
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|
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|
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|
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||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5333"
|
||||
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|
||||
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|
||||
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source_identifier: "/us/usc/t5/s5333"
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5333 - Minimum rate for new appointments
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90–83, § 1(19), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(26)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101–509, title V, § 529 [title I, § 106, title II, § 211(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1449, 1461.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 1131.Oct. 28, 1949, ch. 782, § 801, 63 Stat. 969.Aug. 14, 1964, Pub. L. 88–426, § 103(a), 78 Stat. 401. (b)5 U.S.C. 1133.Oct. 28, 1949, ch. 782, § 803, 63 Stat. 970. Sept. 1, 1954, ch. 1208, § 104, 68 Stat. 1106. Oct. 11, 1962, Pub. L. 87–793, § 604(c), 76 Stat. 848. In subsection (b), the word “scheduled” is omitted since section 603 of the Act of Oct. 11, 1962, Pub. L. 87–793, 76 Stat. 847, eliminated the necessity of referring to rates as scheduled or longevity. 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 Section of title 5Source (U.S. Code)Source (Statutes at Large) 5333(a)5 App.: 1131.July 18, 1966, Pub. L. 89–504, § 103, 80 Stat. 289.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Pub. L. 101–509 struck out “; higher rates for supervisors of prevailing rate employees” after “appointments” in section catchline, struck out “(a)” before “New appointments shall”, struck out “in GS–11 or above” after “individual to a position”, and struck out subsec. (b) which read as follows: “Under regulations prescribed by the Office of Personnel Management, an employee in a position to which this subchapter applies, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly supervised, or at the maximum rate for his grade, as provided by the regulations.” 1979—Pub. L. 96–54 substituted “prevailing rate” for “wage-board” in section catchline. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,87 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5335 - Periodic step-increases
|
||||
|
||||
## Text
|
||||
|
||||
(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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 90–83, § 1(20), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title V, § 503(g), title IX, § 906(a)(2), (8), Oct. 13, 1978, 92 Stat. 1184, 1224, 1225; Pub. L. 96–54, § 2(a)(28), Aug. 14, 1979, 93 Stat. 383; Pub. L. 98–615, title II, §§ 203, 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 101–508, title VII, § 7202(e), Nov. 5, 1990, 104 Stat. 1388–336; Pub. L. 101–509, title V, § 529 [title I, § 104(d)(2)], Nov. 5, 1990, 104 Stat. 1427, 1447; Pub. L. 103–89, § 3(b)(1)(H), Sept. 30, 1993, 107 Stat. 982.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)–(c)5 U.S.C. 1121.Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 701”, 76 Stat. 847. (d)5 U.S.C. 1123 (as applicable to 5 U.S.C. 1121).Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 703 (as applicable to § 701)”, 76 Stat. 847. 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, Pub. L. 87–793, 76 Stat. 847, eliminated the necessity of referring to rates as scheduled or longevity. In subsection (a)(B), the words “except a hearing examiner appointed under section 3105 of this title” are added on authority of the third sentence of former section 1010 and the fifth sentence of former section 1011, which are carried into sections 5362 and 559, respectively, and of section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972. Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 967–969, as amended by the following Acts is omitted from the derivation and repealed (see Table II) as superseded by the Act of Oct. 11, 1962, Pub. L. 87–793, § 603, 76 Stat. 847, which is carried into this section and section 5336: June 28, 1950, ch. 382, § 2, 64 Stat. 262. Sept. 30, 1950, ch. 1123, §§ 9, 10, 64 Stat. 1100. Oct. 24, 1951, ch. 554, § 1(e), 65 Stat. 613. Sept. 1, 1954, ch. 1208, §§ 102(a), 103(a), 112 (less applicability to § 802(b)), 305(a), 68 Stat. 1105, 1108, 1113. June 28, 1955, ch. 189, § 2(e), 69 Stat. 175. 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 Section of title 5Source (U.S. Code)Source (Statutes at Large) 5335(c)5 App.: 1121(c).Oct. 29, 1965, Pub. L. 89–301, § 3, 79 Stat. 1112. The word “officer” is omitted as included in “employee”, and the word “agency” is substituted for “department” to conform to the definition in 5 U.S.C. 5331.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
|
||||
|
||||
Amendments1993—Subsec. (e). Pub. L. 103–89, § 3(b)(1)(H)(i), struck out “covered by the performance management and recognition system established under chapter 54 of this title, or,” after “individual”. Subsecs. (f), (g). Pub. L. 103–89, § 3(b)(1)(H)(ii), redesignated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: “Notwithstanding subsection (b) or (e) of this section, an increase in pay granted under section 5404 of this title is an equivalent increase in pay within the meaning of subsection (a) of this section and shall be taken into account in the case of any employee who, before becoming subject to this section, was granted such an increase while covered by the performance management and recognition system established under chapter 54 of this title.” 1990—Subsec. (a)(B). Pub. L. 101–509 struck out “, except an administrative law judge appointed under section 3105 of this title,” after “work of the employee”. Subsec. (g). Pub. L. 101–508 added subsec. (g). 1984—Subsec. (e). Pub. L. 98–615, § 204(a)(1), substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”. Subsec. (f). Pub. L. 98–615, § 203, added subsec. (f). 1979—Subsec. (a)(3)(B). Pub. L. 96–54 substituted “an administrative law judge” for “a administrative law judge”. 1978—Subsec. (a). Pub. L. 95–251 substituted “administrative law judge” for “hearing examiner”. Subsec. (b). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (c). Pub. L. 95–454, § 906(a)(8), substituted references to Office of Personnel Management and Merit Systems Protection Board and Office and Board, respectively, for references to Civil Service Commission wherever appearing in text. Subsec. (e). Pub. L. 95–454, § 503(g), inserted reference to merit pay system established under section 5402 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentsAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title. Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentPub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentPub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by section 503(g) of Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management. Amendment by section 906(a)(2), (8) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
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.
|
||||
|
||||
Delay of Periodic Step Increase for Civilian Employees of the Department of Defense Based Upon Unacceptable PerformancePub. L. 114–92, div. A, title XI, § 1106, Nov. 25, 2015, 129 Stat. 1024, provided that: “(a) Delay.—Under procedures established by the Secretary of Defense, upon a determination by the Secretary that the work of an employee is not at an acceptable level of competence, the period of time during which the work of the employee is not at an acceptable level of competence shall not count toward completion of the period of service required for purposes of subsection (a) of section 5335 of title 5, United States Code, or subsection (e)(1) or (e)(2) of section 5343 of such title. “(b) Applicability to Periods of Service.—Subsection (a) shall not apply with respect to any period of service performed before the date of the enactment of this Act [Nov. 25, 2015].”
|
||||
|
||||
Pay Increases Deemed Equivalent Increases in PayPub. L. 103–89, § 5(a), Sept. 30, 1993, 107 Stat. 984, provided that: “Notwithstanding the amendment made by section 3(b)(1)(H)(ii) [amending this section], an increase in pay granted under section 5404 of title 5, United States Code, before November 1, 1993, shall be deemed to be an equivalent increase in pay within the meaning of section 5335(a) of such title.”
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5336"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5336 - Additional step-increases
|
||||
|
||||
## Text
|
||||
|
||||
(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 section 5335 of this title and is not an equivalent increase in pay within the meaning of section 5335(a) of this title.
|
||||
|
||||
(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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 95–454, title V, § 503(h), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1184, 1224; Pub. L. 98–615, title II, § 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103–89, § 3(b)(1)(I), Sept. 30, 1993, 107 Stat. 982.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a), (b)5 U.S.C. 1122.Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 702”, 76 Stat. 847. (c)5 U.S.C. 1123 (less applicability to 5 U.S.C. 1121).Oct. 11, 1962, Pub. L. 87–793, § 603 “Sec. 703 (less applicability to § 701)”, 76 Stat. 847. For repeal of Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 967–969, as amended, see revision note for section 5335. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1993—Subsec. (c). Pub. L. 103–89 struck out “covered by the performance management and recognition system established under chapter 54 of this title, or,” after “individual”. 1984—Subsec. (c). Pub. L. 98–615 substituted “the performance management and recognition system established under chapter 54” for “the merit pay system established under section 5402”. 1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Subsec. (c). Pub. L. 95–454, § 503(h), inserted reference to merit pay system established under section 5402 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentPub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
|
||||
|
||||
Effective Date of 1978 AmendmentPub. L. 95–454, title V, § 504(a), Oct. 13, 1978, 92 Stat. 1184, provided that amendment by section 503(h) of Pub. L. 95–454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management. Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
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|
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|
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||||
---
|
||||
|
||||
# 5 U.S.C. § 5337 - Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provisions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See section 5361 et seq. of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal 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 Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
|
||||
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|
||||
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|
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|
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|
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5338 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision NotesThe section is added on authority of former sections 1072 and 1072a, which are carried into section 5115.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "5341"
|
||||
citation: "5 U.S.C. § 5341"
|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5341 - Policy
|
||||
|
||||
## Text
|
||||
|
||||
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 Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5341, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90–83, § 1(97), Sept. 11, 1967, 81 Stat. 220; Pub. L. 90–560, § 4, Oct. 12, 1968, 82 Stat. 997, provided prevailing rate system for trades and crafts and is covered by sections 5343(c), (d) and 5349(a) of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 92–392, § 15(a), Aug. 19, 1972, 86 Stat. 575, provided that: “The provisions of this Act [enacting this subchapter and section 5550 of this title, amending sections 2105, 5337, 5541, 5544, 5548, 6101, 7154, and 8704 of this title, repealing section 6102 of this title, and enacting provisions set out as notes under sections 5341 and 5343 of this title and sections 4531 and 4571 of Title 2, The Congress] are effective on the first day of the first applicable pay period which begins on or after the ninetieth day after the date of enactment of this Act [Aug. 19, 1972], except that, in the case of those employees referred to in section 5342(a)(2)(B) and (C) of title 5, United States Code (as amended by the first section of this Act), such provisions are effective on the first day of the first applicable pay period which begins on or after the one hundred and eightieth day after such date of enactment or on such earlier date (not earlier than the ninetieth day after such date of enactment) as the Civil Service Commission may prescribe. Notwithstanding the provisions of this subsection, section 5343(e)(1)(D) and (E) and (e)(2)(C), as enacted by the first section of this Act, shall not be effective until the first day of the first pay period commencing after (1) the date on which the President ceases to exercise his authority under the Economic Stabilization Act of 1970 [formerly set out as a note under section 1904 of Title 12, Banks and Banking] to stabilize wages and salaries, or (2) April 30, 1973, whichever occurs first.”
|
||||
|
||||
RepealsPub. L. 92–392, § 13, Aug. 19, 1972, 86 Stat. 575, provided that: “(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 5102(d) of title 5, United States Code, section 305 of title 44 of such Code, or the provisions contained in section 180 of former title 31, United States Code.”
|
||||
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|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5342"
|
||||
citation: "5 U.S.C. § 5342"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5342 - Definitions; application
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this subchapter—
|
||||
|
||||
(1) “agency” means an Executive agency; but does not include—
|
||||
|
||||
(A) a Government controlled corporation;
|
||||
|
||||
(B) the Tennessee Valley Authority;
|
||||
|
||||
(C) the Virgin Islands Corporation;
|
||||
|
||||
(D) the Atomic Energy Commission;
|
||||
|
||||
(E) the Central Intelligence Agency;
|
||||
|
||||
(F) the National Security Agency, Department of Defense;
|
||||
|
||||
(G) the Bureau of Engraving and Printing, except for the purposes of section 5349 of this title;
|
||||
|
||||
(H) the Government Accountability Office; or 11 So in original. The word “or” probably should not appear.
|
||||
|
||||
(J) 22 So in original. Subsec. (a)(1) does not contain a subpar. (I). the Defense Intelligence Agency, Department of Defense; or
|
||||
|
||||
(K) the National Geospatial-Intelligence Agency, Department of Defense;
|
||||
|
||||
(2) “prevailing rate employee” means—
|
||||
|
||||
(A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement;
|
||||
|
||||
(B) an employee of a nonappropriated fund instrumentality described by section 2105(c) of this title who is employed 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; and
|
||||
|
||||
(C) an employee of the Veterans’ Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by section 5102(c)(14) of this title who is employed 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 labor experience and knowledge as the paramount requirement; and
|
||||
|
||||
(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 section 5102(c) of this title other than 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 chapter 51 of this title by section 5102(c)(8) of this title.
|
||||
|
||||
(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 Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 564; amended Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96–191, § 8(d), Feb. 15, 1980, 94 Stat. 33; Pub. L. 97–468, title VI, § 615(b)(1)(D), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–618, title V, § 502(b), Nov. 8, 1984, 98 Stat. 3303; Pub. L. 102–54, § 13(b)(1), June 13, 1991, 105 Stat. 274; Pub. L. 103–359, title V, § 501(h), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), div. C, title XXXV, § 3548(a)(3)(A), Sept. 23, 1996, 110 Stat. 2687, 2868; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471, provided for crews of vessels. Provisions similar to those comprising subsec. (b) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471 (formerly classified to section 5342 of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.
|
||||
|
||||
Amendments2008—Subsec. (a)(1)(K). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. 2004—Subsec. (a)(1)(H). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (a)(1). Pub. L. 104–201, § 3548(a)(3)(A), which directed amendment of subsec. (a)(1) by striking subpar. (G) and redesignating subpars. (H), (I), (J), (K), and (L) as (G), (H), (I), (J), and (K), respectively, was executed by striking subpar. (F), relating to the Panama Canal Commission, and redesignating subpars. (G), (H), (I), (K), and (L) as (F), (G), (H), (J), and (K), respectively, to reflect the probable intent of Congress, because subsec. (a)(1) does not contain a subpar. (J) and the amendments were included in a series of conforming amendments relating to the Panama Canal. Subsec. (a)(1)(L). Pub. L. 104–201, § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”. 1994—Subsec. (a)(1)(J) to (L). Pub. L. 103–359 directed the amendment of subpar. (J) by striking out “or” at end which could not be executed because par. (1) does not contain a subpar. (J), added “or” at end of subpar. (K), and added subpar. (L). 1991—Subsec. (a)(2)(C). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1984—Subsec. (a)(1)(I) to (K). Pub. L. 98–618 struck out “or” at end of subpar. (I), inserted “or” at end of subpar. (J), and added subpar. (K). 1983—Subsec. (a)(1)(C) to (J). Pub. L. 97–468, eff. Jan. 5, 1985, struck out subpar. (C) which excluded the Alaska Railroad and redesignated subpars. (D) to (J) as (C) to (I), respectively. See Effective Date of 1983 Amendment note below. 1980—Subsec. (a)(1)(J). Pub. L. 96–191 added subpar. (J). 1979—Subsec. (a)(1)(G). Pub. L. 96–70 substituted “Commission” for “Company”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by section 1122(a)(1) of Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97–468.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–191 effective Oct. 1, 1980, see section 10(a) of Pub. L. 96–191.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Effective DateSection 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 Pub. L. 92–392, set out as a note under section 5341 of this title.
|
||||
|
||||
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, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). Corporation terminated its program June 30, 1965, and dissolved July 1, 1966. Act June 30, 1949, was repealed by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710.
|
||||
File diff suppressed because one or more lines are too long
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|
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||||
---
|
||||
|
||||
# 5 U.S.C. § 5344 - Effective date of wage increase; retroactive pay
|
||||
|
||||
## Text
|
||||
|
||||
(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 Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 568.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471 (formerly classified to section 5343 of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.
|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5345 - Repealed. Pub. L. 95–454, title VIII, § 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment.
|
||||
|
||||
A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for position classification appeals, was omitted in the general amendment of this subchapter, and is covered by section 5346(c) of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal 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 Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
|
||||
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|
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---
|
||||
|
||||
# 5 U.S.C. § 5346 - Job grading system
|
||||
|
||||
## Text
|
||||
|
||||
(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 Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, § 5345; renumbered § 5346 and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 570; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing. 1972—Subsecs. (a), (b). Pub. L. 92–392 added subsecs. (a) and (b). Subsec. (c). Pub. L. 92–392 designated existing provisions as subsec. (c) and substituted in introductory text “Commission”, “a prevailing rate of employee” and “in placing his position in an occupation and grade” for “Civil Service Commission”, “an employee subject to section 5341(a) of this title” and “in classifying his position”, respectively, in par. (2) “placed in the proper occupation and grade” for “properly classified”, in par. (3) “in placing the position in an occupation and grade” for “in classifying the position” and in last sentence “subsection” for “section”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1972 AmendmentAmendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title.
|
||||
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|
||||
---
|
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||||
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|
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|
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|
||||
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5347"
|
||||
citation: "5 U.S.C. § 5347"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5347"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "3ea1bd93d01f7b799af1096d35b1d284680f90c86c225cc34387e45327032940"
|
||||
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|
||||
text_hash: "02daa26c42e2c94ac37ed27398d6036710a68dbd092d0b55c8838a760c915d3c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5347 - Federal Prevailing Rate Advisory Committee
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is established a Federal Prevailing Rate Advisory Committee composed of—
|
||||
|
||||
(1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
|
||||
|
||||
(2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
|
||||
|
||||
(3) two members from the military departments, designated by the Director of the Office of Personnel Management;
|
||||
|
||||
(4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
|
||||
|
||||
(5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
|
||||
|
||||
(6) five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
|
||||
|
||||
(b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
|
||||
|
||||
(c) Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
|
||||
|
||||
(d) The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
|
||||
|
||||
(e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
|
||||
|
||||
(f) The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
|
||||
|
||||
(g) (1) Except as provided in paragraph (2), members of the Committee described in paragraphs (2)–(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.
|
||||
|
||||
(2) The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132(a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.
|
||||
|
||||
(h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.
|
||||
|
||||
(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 571; amended Pub. L. 95–454, title IX, § 906(a)(1), (2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, § 2(a)(15), Aug. 14, 1979, 93 Stat. 382; Pub. L. 102–378, § 2(30), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104–66, title II, § 2181(d), Dec. 21, 1995, 109 Stat. 732.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1995—Subsec. (e). Pub. L. 104–66 struck out at end “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.” 1992—Subsec. (g). Pub. L. 102–378 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), members” for “Members”, struck out second sentence which read as follows: “The Chairman is entitled to a rate of pay equal to the maximum rate currently paid, from time to time, under the General Schedule.”, and added par. (2). 1979—Subsec. (e). Pub. L. 96–54 substituted “Office” for “Commission”. 1978—Subsecs. (a) to (e), (h). Pub. L. 95–454 substituted “Director of the Office of Personnel Management” for “Chairman of the Civil Service Commission” and “Office of Personnel Management” for “Civil Service Commission”, wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective DateSection effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5348"
|
||||
description: "Crews of vessels"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5348"
|
||||
citation: "5 U.S.C. § 5348"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5348 - Crews of vessels
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided by subsection (c), the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry, not to exceed the rate of pay for the Vice President under section 104 of title 3.
|
||||
|
||||
(b) The aggregate pay limitation prescribed under section 5307 shall not apply to an employee whose pay is fixed under subsection (a).
|
||||
|
||||
(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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471, § 5348, formerly § 5342; renumbered and amended Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(3)(C), Sept. 23, 1996, 110 Stat. 2868; Pub. L. 119–60, div. A, title XI, § 1104, Dec. 18, 2025, 139 Stat. 1073.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 1104(1), substituted “subsection (c)” for “subsection (b) of this section” and inserted “, not to exceed the rate of pay for the Vice President under section 104 of title 3” before period at end. Subsecs. (b), (c). Pub. L. 119–60, § 1104(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–201, § 3548(a)(3)(C)(iii), substituted “subsection (b)” for “subsections (b) and (c)”. Subsecs. (b), (c). Pub. L. 104–201, § 3548(a)(3)(C)(i), (ii), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Vessel employees of the Panama Canal Commission may be paid in accordance with the wage practices of the maritime industry.” 1979—Subsec. (b). Pub. L. 96–70 substituted “Commission” for “Company”. 1972—Subsec. (a). Pub. L. 92–392 inserted reference to subsection (c) of this section. Subsec. (c). Pub. L. 92–392 added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
|
||||
|
||||
Effective Date of 1972 AmendmentAmendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effective Date note under section 5341 of this title.
|
||||
|
||||
Limitation on Pay AdjustmentsFor provisions limiting the adjustment of salary or basic pay of employees covered by this section, see provisions set out as notes under section 5343 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5349"
|
||||
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|
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|
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|
||||
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|
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|
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5349"
|
||||
citation: "5 U.S.C. § 5349"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5349"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5349 - Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia
|
||||
|
||||
## Text
|
||||
|
||||
(a) The pay of employees, described under section 5102(c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Publishing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213(f) of title 29, the rates may not be less than the appropriate rates provided for by section 206(a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361(1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.
|
||||
|
||||
(b) Subsection (a) of this section does not modify or otherwise affect section 5102(d) of this title, section 305 of title 44, and section 5141 of title 31.
|
||||
|
||||
(Added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 572; amended Pub. L. 95–454, title VIII, § 801(a)(3)(H), Oct. 13, 1978, 92 Stat. 1222; Pub. L. 97–258, § 3(a)(11), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 100–426, title III, § 301, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101–474, § 5(j), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those comprising subsec. (a) of this section were contained in Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 471; Pub. L. 90–83, § 1(97), Sept. 11, 1967, 81 Stat. 220 (formerly classified to section 5341(a) of this title) prior to the general amendment of this subchapter by section 1(a) of Pub. L. 92–392.
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1990—Subsec. (a). Pub. L. 101–474 struck out “the Administrative Office of the United States Courts,” before “the Library of Congress”. 1988—Subsec. (a). Pub. L. 100–426 inserted reference to General Accounting Office. 1982—Subsec. (b). Pub. L. 97–258 substituted “section 5141” for “section 180”. 1978—Subsec. (a). Pub. L. 95–454 substituted “subchapter VI of this chapter, relating to grade and pay retention,” for “section 5345, relating to retention of pay,”, “subchapter VI of this chapter” for “section 5345 of this title”, and “section 5361(1)” for “paragraph (2) of section 5345(a)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
|
||||
|
||||
Effective DateSection effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as a note under section 5341 of this title.
|
||||
@@ -0,0 +1,55 @@
|
||||
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|
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5351 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1052.Aug. 4, 1947, ch. 452, § 2, 61 Stat. 727. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Par. (2)(B). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,51 @@
|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5352 - Stipends
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(7), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1051 (1st sentence).Aug. 4, 1947, ch. 452, § 3 (1st sentence), 61 Stat. 727. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”. 1968—Pub. L. 90–623 inserted “, and the District of Columbia Council with respect to the government of the District of Columbia,” after “head of each agency” and substituted “its” for “his”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
|
||||
|
||||
Transfer of Functions District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198.
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5353"
|
||||
citation: "5 U.S.C. § 5353"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5353 - Quarters, subsistence, and laundry
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, § 1(8), Oct. 22, 1968, 82 Stat. 1312.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1051 (less 1st sentence).Aug. 4, 1947, ch. 452, § 3 (less 1st sentence), 61 Stat. 727. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1968—Pub. L. 90–623 inserted “, and the District of Columbia Council with respect to the government of the District of Columbia,” after “head of the agency concerned”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
|
||||
|
||||
Transfer of Functions District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198.
|
||||
@@ -0,0 +1,41 @@
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5354 - Effect of detail or affiliation; travel expenses
|
||||
|
||||
## Text
|
||||
|
||||
(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 chapter 57 of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1055.Aug. 4, 1947, ch. 452, § 6, 61 Stat. 728. In subsection (b), the reference to “subchapter I of chapter 57 of this title” is substituted for the reference to “the Standardized Government Travel Regulations and the provisions of the Subsistence Expense Act of 1926, as amended” as the Subsistence Expense Act of 1926 was repealed by section 9(a) of the Travel Expense Act of 1949, 63 Stat. 167, part of which appeared in former section 842 and is carried into section 5708, and as the authority for the Standardized Government Travel Regulations in former section 840 is carried into section 5707 of subchapter I of chapter 57. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5355"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5355"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5355 - Effect on other statutes
|
||||
|
||||
## Text
|
||||
|
||||
This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by chapter 73 of title 38.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 102–54, § 13(b)(3), June 13, 1991, 105 Stat. 274.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1057.Aug. 4, 1947, ch. 452, § 8, 61 Stat. 728. June 17, 1957, Pub. L. 85–56, § 2201(19), 71 Stat. 159. Sept. 2, 1958, Pub. L. 85–857, § 13(m), 72 Stat. 1265. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1991—Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
|
||||
@@ -0,0 +1,39 @@
|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5356 - Appropriations
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1058.Aug. 4, 1947, ch. 452, § 9, 61 Stat. 728. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5361 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter—
|
||||
|
||||
(1) “employee” means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342(a)(2) of this title, whose employment is other than on a temporary or term basis;
|
||||
|
||||
(2) “agency” has the meaning given it by section 5102 of this title;
|
||||
|
||||
(3) “retained grade” means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;
|
||||
|
||||
(4) “rate of basic pay” means—
|
||||
|
||||
(A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including—
|
||||
|
||||
(i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
|
||||
|
||||
(ii) any applicable special pay under section 5305 or similar provision of law; and
|
||||
|
||||
(iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
|
||||
|
||||
(B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
|
||||
|
||||
(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;
|
||||
|
||||
(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; and
|
||||
|
||||
(8) “retained rate” means the rate of basic pay to which an employee is entitled under section 5363(b)(2).
|
||||
|
||||
(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1218; amended Pub. L. 98–615, title II, § 204(a)(2), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 101–509, title V, § 529 [title I, § 105(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448; Pub. L. 103–89, § 3(b)(1)(J), Sept. 30, 1993, 107 Stat. 982; Pub. L. 108–411, title III, § 301(a)(4), Oct. 30, 2004, 118 Stat. 2315.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in par. (5), is set out under section 5332 of this title.
|
||||
|
||||
Prior ProvisionsA prior section 5361, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to scientific and professional positions, was renumbered section 5371 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
|
||||
|
||||
Amendments2004—Par. (4). Pub. L. 108–411, § 301(a)(4)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “ ‘rate of basic pay’ means, in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343 of this title;”. Par. (8). Pub. L. 108–411, § 301(a)(4)(B)–(D), added par. (8). 1993—Par. (5). Pub. L. 103–89 substituted “or a special occupational pay system under subchapter IX” for “a special occupational pay system under subchapter IX, or the performance management and recognition system under chapter 54 of this title”. 1990—Par. (5). Pub. L. 101–509 inserted “a special occupational pay system under subchapter IX,” before “or the performance”. 1984—Par. (5). Pub. L. 98–615 substituted “performance management and recognition system” for “merit pay system”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentAmendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentPub. L. 98–615, title II, § 205, Nov. 8, 1984, 98 Stat. 3217, provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
|
||||
|
||||
Effective DatePub. L. 95–454, title VIII, § 801(a)(4), Oct. 13, 1978, 92 Stat. 1222, provided that: “(A) The amendments made by this subsection [enacting sections 5361 to 5366 of this title and redesignating former sections 5361 to 5366 as sections 5371 to 5375 of this title, amending sections 559, 1305, 3104, 5102, 5107, 5334, 5349, and 8704 of this title, sections 4540, 7212, and 9540 of Title 10, Armed Forces, section 1715 of Title 15, Commerce and Trade, and section 3608 of Title 42, The Public Health and Welfare, and repealing sections 5337 and 5345 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 90th day after the date of the enactment of this Act [Oct. 13, 1978]. “(B) An employee who was receiving pay under the provisions of section 5334(d), 5337, or 5345 of title 5, United States Code, on the day before the effective date prescribed in subparagraph (A) of this paragraph shall not have such pay reduced or terminated by reason of the amendments made by this subsection and, unless section 5362 of such title 5 (as amended by subsection (a)(1) of this section) applies, such an employee is entitled to continue to receive pay as authorized by those provisions (as in effect on such date).”
|
||||
@@ -0,0 +1,79 @@
|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5362 - Grade retention following a change of positions or reclassification
|
||||
|
||||
## Text
|
||||
|
||||
(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 chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87 of this title, and eligibility for training and promotion under this title) except—
|
||||
|
||||
(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 Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1219; amended Pub. L. 98–615, title II, § 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103–89, § 3(b)(1)(K), Sept. 30, 1993, 107 Stat. 982.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5362, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, Pub. L. 95–251, § 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183, which related to hearing examiners, was renumbered section 5372 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
|
||||
|
||||
Amendments1993—Subsec. (c). Pub. L. 103–89 substituted “chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87” for “chapters 54 and 55 of this title, retirement and life insurance under chapters 83 and 87” in introductory provisions, redesignated par. (4) as (3), and struck out former par. (3) which read as follows: “for purposes of determining whether the employee is covered by the performance management and recognition system established under chapter 54 of this title, or”. 1984—Subsec. (c)(3). Pub. L. 98–615 substituted “performance management and recognition system established under chapter 54” for “merit pay system established under section 5402”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentSection 205 of Pub. L. 98–615 provided that amendment by Pub. L. 98–615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications.
|
||||
|
||||
Additional Pay and Benefits for Employees Reduced in Grade On or After January 1, 1977, Etc.Pub. L. 95–454, title VIII, § 801(b), Oct. 13, 1978, 92 Stat. 1222, provided that: “(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 section 5361 of this title] under circumstances which would have entitled the employee to coverage under the provisions of section 5362 of title 5, United States Code (as amended by subsection (a) of this section) if such amendments had been in effect at the time of the reduction; and “(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 chapter 83 of title 5, United States Code, or under another retirement system for Federal employees; or “(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 chapter 55 of title 5, United States Code, relating to settlement of accounts in the case of deceased employees. “(4) The Office of Personnel Management shall have the same authority to prescribe regulations under this subsection as it has under section 5365 of title 5, United States Code, with respect to subchapter VI of chapter 53 of such title, as added by subsection (a) of this section.”
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5363"
|
||||
description: "Pay retention"
|
||||
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|
||||
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|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5363"
|
||||
citation: "5 U.S.C. § 5363"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5363 - Pay retention
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any employee—
|
||||
|
||||
(1) who ceases to be entitled to the benefits of section 5362 of this title by reason of the expiration of the 2-year period of coverage provided under such section;
|
||||
|
||||
(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 section 5305 of this title (or corresponding prior provision of this title);
|
||||
|
||||
(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 chapter 53;
|
||||
|
||||
is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section.
|
||||
|
||||
(b) (1) (A) If, as a result of any event described in subsection (a), the employee’s former rate of basic pay is less than or equal to the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved, the employee is entitled to basic pay at the lowest rate of basic pay payable for such grade that equals or exceeds such former rate of basic pay.
|
||||
|
||||
(B) This section shall cease to apply to an employee to whom subparagraph (A) applies once the appropriate rate of basic pay has been determined for such employee under this paragraph.
|
||||
|
||||
(2) (A) If, as a result of any event described in subsection (a), the employee’s former rate of basic pay is greater than the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved, the employee is entitled to basic pay at a rate equal to the lesser of—
|
||||
|
||||
(i) the employee’s former rate of basic pay; or
|
||||
|
||||
(ii) 150 percent of the maximum rate of basic pay payable for the grade of the employee’s position immediately after the occurrence of the event involved,
|
||||
|
||||
as adjusted by subparagraph (B).
|
||||
|
||||
(B) A rate to which an employee is entitled under this paragraph shall be increased at the time of any increase in the maximum rate of basic pay payable for the grade of the employee’s position by 50 percent of the dollar amount of each such increase.
|
||||
|
||||
(3) For purposes of this subsection, the term “former rate of basic pay”, as used with respect to an employee in connection with an event described in subsection (a), means the rate of basic pay last received by such employee before the occurrence of such event.
|
||||
|
||||
(c) (1) Notwithstanding any other provision of this section, in the case of an employee who—
|
||||
|
||||
(A) moves to a new official duty station, and
|
||||
|
||||
(B) in conjunction with such move, becomes subject to both a different pay schedule and (disregarding this subsection) the preceding provisions of this section,
|
||||
|
||||
this section shall be applied—
|
||||
|
||||
(i) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employee’s position, grade, and step (or relative position in the pay range) before the move, and
|
||||
|
||||
(ii) then, by applying the provisions of this section that would apply (if any), treating the rate determined under clause (i) as if it were the rate last received by the employee before the application of this section.
|
||||
|
||||
(2) A reduction in an employee’s rate of basic pay resulting from a determination under paragraph (1)(ii) is not a basis for an entitlement under this section.
|
||||
|
||||
(3) The rate of basic pay for an employee who is receiving a retained rate at the time of moving to a new official duty station at which different pay schedules apply shall be subject to regulations prescribed by the Office of Personnel Management consistent with the purposes of this section.
|
||||
|
||||
(d) A retained rate shall be considered part of basic pay for purposes of this subchapter and for purposes of subchapter III of chapter 83, chapters 84 and 87, subchapter V of chapter 55, section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. The Office shall, for any purpose other than any of the purposes referred to in the preceding sentence, prescribe by regulation what constitutes basic pay for employees receiving a retained rate.
|
||||
|
||||
(e) This section shall not apply, or shall cease to apply, to an employee who—
|
||||
|
||||
(1) has a break in service of 1 workday or more;
|
||||
|
||||
(2) is entitled, by operation of this subchapter, chapter 51 or 53, or any other provision of law, to a rate of basic pay which is equal to or higher than, or declines a reasonable offer of a position the rate of basic pay for which is equal to or higher than, the retained rate to which the employee would otherwise be entitled; or
|
||||
|
||||
(3) is demoted for personal cause or at the employee’s request.
|
||||
|
||||
(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1219; amended Pub. L. 101–509, title V, § 529 [title I, §§ 101(b)(3)(B), 105(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1448; Pub. L. 103–89, § 3(b)(1)(L), Sept. 30, 1993, 107 Stat. 982; Pub. L. 108–411, title III, § 301(a)(5), Oct. 30, 2004, 118 Stat. 2316.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5363, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to limitation on pay fixed by administrative action, was renumbered section 5373 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
|
||||
|
||||
Amendments2004—Subsec. (a). Pub. L. 108–411, § 301(a)(5)(A), inserted concluding provisions and struck out former concluding provisions which read as follows: “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.” Subsecs. (b) to (e). Pub. L. 108–411, § 301(a)(5)(B), added subsecs. (b) to (e) and struck out former subsecs. (b) and (c) which read as follows: “(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 chapter 51 or 53 of this title to a rate of basic pay which is equal to or higher than, or declines a reasonable offer of a position the rate of basic pay for which is equal to or higher than, the rate to which the employee is entitled under this section; or “(3) is demoted for personal cause or at the employee’s request.” 1993—Subsec. (c)(2). Pub. L. 103–89 substituted “chapter 51 or 53” for “chapter 51, 53, or 54”. 1990—Subsec. (a)(2) to (4). Pub. L. 101–509 substituted “5305 of this title (or corresponding prior provision of this title);” for “5303 of this title; or” in par. (2), inserted “or” at end of par. (3), and added par. (4).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–411, title III, § 301(d), Oct. 30, 2004, 118 Stat. 2317, provided that: “(1) Effective date.—This section [amending this section, sections 4505a, 5302, 5305, 5334, 5361, and 5365 of this title, and provisions set out as a note under section 5305 of this title] shall take effect on the first day of the first applicable pay period beginning on or after the 180th day after the date of the enactment of this Act [Oct. 30, 2004]. “(2) Conversion rules.—“(A) Individuals receiving a retained rate or a rate greater than the maximum rate for the grade.—Subject to any regulations the Office of Personnel Management may prescribe, an employee under a covered pay schedule who, on the day before the effective date of this section, is receiving a retained rate under section 5363 of title 5, United States Code, or is receiving under similar authority a rate of basic pay that is greater than the maximum rate of basic pay payable for the grade of the employee’s position shall have that rate converted as of the effective date of this section, and the employee shall be considered to be receiving a retained rate under section 5363 of such title (as amended by this section). The newly applicable retained rate shall equal the formerly applicable retained rate as adjusted to include any applicable locality-based payment under section 5304 of title 5, United States Code, or similar provision of law. “(B) Definition.—For purposes of this paragraph, the term ‘covered pay schedule’ has the meaning given such term by section 5361 of title 5, United States Code.”
|
||||
|
||||
Effective Date of 1993 AmendmentAmendment by Pub. L. 103–89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103–89, set out as a note under section 3372 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5364"
|
||||
citation: "5 U.S.C. § 5364"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5364 - Remedial actions
|
||||
|
||||
## Text
|
||||
|
||||
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 section 5362 or 5363 of this title have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections;
|
||||
|
||||
(3) to establish a program under which employees receiving benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and
|
||||
|
||||
(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 Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1220.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5364, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to miscellaneous positions in the executive branch, was renumbered section 5374 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5365"
|
||||
citation: "5 U.S.C. § 5365"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s5365"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5365 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
(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 (subject to any conditions or limitations the Office may establish)—
|
||||
|
||||
(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 Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1220; amended Pub. L. 101–508, title VII, § 7202(f), Nov. 5, 1990, 104 Stat. 1388–336; Pub. L. 108–411, title III, § 301(a)(6), Oct. 30, 2004, 118 Stat. 2317.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 5365, added Pub. L. 91–34, § 1(a), June 30, 1969, 83 Stat. 41; amended Pub. L. 94–183, § 2(20), Dec. 31, 1975, 89 Stat. 1058, which related to the police force of National Zoological Park, was renumbered section 5375 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.
|
||||
|
||||
Amendments2004—Subsec. (b). Pub. L. 108–411 inserted “(subject to any conditions or limitations the Office may establish)” after “provisions of this subchapter” in introductory provisions. 1990—Subsec. (b). Pub. L. 101–508 inserted at end “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).”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentAmendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.
|
||||
|
||||
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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5366"
|
||||
description: "Appeals"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5366"
|
||||
citation: "5 U.S.C. § 5366"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5366"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5366 - Appeals
|
||||
|
||||
## Text
|
||||
|
||||
(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 section 5112(b) or 5346(c) of this title, or otherwise, any reclassification of a position; or
|
||||
|
||||
(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 chapter 71 of this title—
|
||||
|
||||
(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 Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1221.)
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5371"
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5371 - Health care positions
|
||||
|
||||
## Text
|
||||
|
||||
(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 chapter 74 of title 38 shall apply—
|
||||
|
||||
(1) in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or
|
||||
|
||||
(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
|
||||
|
||||
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position—
|
||||
|
||||
(1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
|
||||
|
||||
(2) which involves health care responsibilities.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5361; renumbered § 5371 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 101–509, title V, § 529 [title II, § 205(A)], Nov. 5, 1990, 104 Stat. 1427, 1456; Pub. L. 102–378, § 2(31), Oct. 2, 1992, 106 Stat. 1350.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1162(b).Oct. 4, 1961, Pub. L. 87–367, § 202 “Sec. 2(b)”, 75 Stat. 790.Oct. 11, 1962, Pub. L. 87–793, § 1001(a)(1), 76 Stat. 863. 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, 61 Stat. 715, as amended, see revision note for section 3104. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Subsec. (b). Pub. L. 102–378 substituted “chapter 74” for “chapter 73” in introductory provisions and inserted “subchapter V of chapter 55,” after “61,” in pars. (1) and (2). 1990—Pub. L. 101–509 amended section generally, substituting designated provisions directing that Office of Personnel Management may provide that chapter 73 of title 38 provisions apply to certain health care professionals for undesignated text authorizing agency heads to fix pay rates for scientific and professional positions at between GS–16 and GS–18 rates. 1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
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type: "LegalText"
|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5372"
|
||||
citation: "5 U.S.C. § 5372"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
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source_identifier: "/us/usc/t5/s5372"
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5372 - Administrative law judges
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purposes of this section, the term “administrative law judge” means an administrative law judge appointed under section 3105.
|
||||
|
||||
(b) (1) (A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
|
||||
|
||||
(B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.
|
||||
|
||||
(C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule.
|
||||
|
||||
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
|
||||
|
||||
(3) (A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
|
||||
|
||||
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
|
||||
|
||||
(4) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for administrative law judges shall be adjusted by an amount determined by the President to be appropriate.
|
||||
|
||||
(c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5362; Pub. L. 95–251, § 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183; renumbered § 5372 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 101–509, title V, § 529 [title I, § 104(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1445; Pub. L. 102–378, § 2(32), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 106–97, § 1, Nov. 12, 1999, 113 Stat. 1322.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1010 (3d sentence).June 11, 1946, ch. 324, § 11 (3d sentence), 60 Stat. 244. 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 chapter 51 of this title” is substituted for “the Classification Act of 1923, as amended” on authority of section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel IV of the Executive Schedule, referred to in subsec. (b)(1)(C), is set out in section 5315 of this title. The General Schedule, referred to in subsec. (b)(4), is set out under section 5332 of this title.
|
||||
|
||||
Amendments1999—Subsec. (b)(1). Pub. L. 106–97, § 1(1), designated first sentence as subpar. (A) and struck out after first sentence the following: “The rates of basic pay for those levels shall be as follows: AL–3, rate A65 percent of the rate of basic pay for level IV of the Executive Schedule. AL–3, rate B70 percent of the rate of basic pay for level IV of the Executive Schedule. AL–3, rate C75 percent of the rate of basic pay for level IV of the Executive Schedule. AL–3, rate D80 percent of the rate of basic pay for level IV of the Executive Schedule. AL–3, rate E85 percent of the rate of basic pay for level IV of the Executive Schedule. AL–3, rate F90 percent of the rate of basic pay for level IV of the Executive Schedule. AL–295 percent of the rate of basic pay for level IV of the Executive Schedule. AL–1The rate of basic pay for level IV of the Executive Schedule.” Subsec. (b)(1)(B), (C). Pub. L. 106–97, § 1(1), added subpars. (B) and (C). Subsec. (b)(3)(A). Pub. L. 106–97, § 1(2), substituted “at the beginning of the next pay period following” for “upon” in two places. Subsec. (b)(4). Pub. L. 106–97, § 1(3), added par. (4). 1992—Subsec. (c). Pub. L. 102–378 substituted “shall” for “shall,”. 1990—Pub. L. 101–509 amended section generally. Prior to amendment, section read as follows: “Administrative law judges appointed under section 3105 of this title are entitled to pay prescribed by the Office of Personnel Management independently of agency recommendations or ratings and in accordance with subchapter III of this chapter and chapter 51 of this title.” 1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”. Pub. L. 95–251 substituted “Administrative law judges” for “Hearing examiners” in section catchline and text.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
|
||||
Conversion Rule for Administrative Law JudgesPub. L. 101–509, title V, § 529 [title I, § 104(e)], Nov. 5, 1990, 104 Stat. 1427, 1447, provided that: “In making initial pay adjustments for administrative law judges after this section and the amendments made by this section [enacting section 5372a of this title, amending this section, sections 5102, 5311, and 5335 of this title, section 938 of Title 30, Mineral Lands and Mining, and section 607 of Title 41, Public Contracts] take effect [see Effective Date of 1990 Amendment note set out under section 5301 of this title], the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion.”
|
||||
|
||||
Pay IncreasesFor adjustment of rates of basic pay for administrative law judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5372a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "5372a"
|
||||
citation: "5 U.S.C. § 5372a"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5372a - Contract appeals board members
|
||||
|
||||
## Text
|
||||
|
||||
(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 7105(a)(2), (c)(2), or (d)(2) of title 41 or a member of the Civilian Board of Contract Appeals appointed under section 7105(b)(2) of title 41; and
|
||||
|
||||
(2) the term “appeals board” means an agency board of contract appeals established pursuant to section 7105(a)(1), (c)(1), or (d)(1) of title 41.
|
||||
|
||||
(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 Pub. L. 101–509, title V, § 529 [title I, § 104(a)(2)], Nov. 5, 1990, 104 Stat. 1427, 1446; amended Pub. L. 109–163, div. A, title VIII, § 847(f)(1), Jan. 6, 2006, 119 Stat. 3395; Pub. L. 111–350, § 5(a)(9), Jan. 4, 2011, 124 Stat. 3841.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in section 5315 of this title.
|
||||
|
||||
Amendments2011—Subsec. (a)(1). Pub. L. 111–350, § 5(a)(9)(A), substituted “section 7105(a)(2), (c)(2), or (d)(2) of title 41” for “section 8 of the Contract Disputes Act of 1978” and “section 7105(b)(2) of title 41” for “section 42 of the Office of Federal Procurement Policy Act”. Subsec. (a)(2). Pub. L. 111–350, § 5(a)(9)(B), substituted “section 7105(a)(1), (c)(1), or (d)(1) of title 41” for “section 8 of the Contract Disputes Act of 1978”. 2006—Subsec. (a)(1). Pub. L. 109–163 inserted “or a member of the Civilian Board of Contract Appeals appointed under section 42 of the Office of Federal Procurement Policy Act” after “of 1978”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–163, div. A, title VIII, § 847(g), Jan. 6, 2006, 119 Stat. 3395, provided that: “Section 42 of the Office of Federal Procurement Policy Act, as added by this section, and the amendments and repeals made by this section [enacting section 438 of Title 41, Public Contracts, amending this section and sections 601 and 607 of Title 41, and enacting provisions set out as a note under section 607 of Title 41], shall take effect 1 year after the date of the enactment of this Act [Jan. 6, 2006].”
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5372b"
|
||||
citation: "5 U.S.C. § 5372b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5372b"
|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5372b - Administrative appeals judges
|
||||
|
||||
## Text
|
||||
|
||||
(a) For the purpose of this section—
|
||||
|
||||
(1) the term “administrative appeals judge position” means a position the duties of which primarily involve reviewing decisions of administrative law judges appointed under section 3105; and
|
||||
|
||||
(2) the term “agency” means an Executive agency, as defined by section 105, but does not include the Government Accountability Office.
|
||||
|
||||
(b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classified above GS–15 pursuant to section 5108.
|
||||
|
||||
(c) A rate of basic pay fixed under this section shall be—
|
||||
|
||||
(1) not less than the minimum rate of basic pay for level AL–3 under section 5372; and
|
||||
|
||||
(2) not greater than the maximum rate of basic pay for level AL–3 under section 5372.
|
||||
|
||||
(Added Pub. L. 106–554, § 1(a)(3) [title VI, § 645(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–169; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextGS–15, referred to in subsec. (b), is contained in the General Schedule which is set out under section 5332 of this title.
|
||||
|
||||
Amendments2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 106–554, § 1(a)(3) [title VI, § 645(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–170, provided that: “The amendment made by subsection (a)(1) [enacting this section] shall apply with respect to pay for service performed on or after the first day of the first applicable pay period beginning on or after— “(1) the 120th day after the date of the enactment of this Act [Dec. 21, 2000]; or “(2) if earlier, the effective date of regulations prescribed by the Office of Personnel Management to carry out such amendment.”
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5373 - Limitation on pay fixed by administrative action
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the rate for level IV of the Executive Schedule. This section does not impair the authorities provided by—
|
||||
|
||||
(1) sections 248, 482, 1766, and 1819 of title 12, section 206 of the Bank Conservation Act, sections 2B(b) 11 See References in Text note below. and 21A(e)(4) 1 of the Federal Home Loan Bank Act, section 2A(i) 1 of the Home Owners’ Loan Act, and sections 5.11 and 5.58 of the Farm Credit Act of 1971;
|
||||
|
||||
(2) section 831b of title 16;
|
||||
|
||||
(3) sections 403a–403c, 403e–403h, and 403j of title 50; 1 or
|
||||
|
||||
(4) 22 So in original. Two pars. (4) have been enacted. section 4802.
|
||||
|
||||
(4) 2 section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)).
|
||||
|
||||
(b) Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5363; renumbered § 5373, Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221; Pub. L. 96–70, title III, § 3302(e)(4), Sept. 27, 1979, 93 Stat. 498; Pub. L. 101–73, title VII, § 742(b), title XII, § 1209, Aug. 9, 1989, 103 Stat. 437, 523; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(H)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(4), Sept. 23, 1996, 110 Stat. 2868; Pub. L. 106–65, div. A, title XI, § 1102, Oct. 5, 1999, 113 Stat. 776; Pub. L. 107–123, § 8(d)(1)(C), Jan. 16, 2002, 115 Stat. 2399; Pub. L. 107–171, title X, § 10702(c)(3), May 13, 2002, 116 Stat. 517.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2212.Aug. 14, 1964, Pub. L. 88–426, § 308, 78 Stat. 432.Oct. 6, 1964, Pub. L. 88–631, § 3(e), 78 Stat. 1008. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Government Employees Salary Reform Act of 1964 (78 Stat. 400), referred to in subsec. (a), is Pub. L. 88–426, Aug. 14, 1964, 78 Stat. 400. For complete classification of this Act to the Code, see Tables. Level IV of the Executive Schedule, referred to in subsec. (a), is set out in section 5315 of this title. Section 206 of the Bank Conservation Act, referred to in subsec. (a)(1), is classified to section 206 of Title 12, Banks and Banking. Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, referred to in subsec. (a)(1), were classified to former sections 1422b(b) and 1441a(e)(4), respectively, of Title 12, Banks and Banking. Section 1422b of Title 12 was repealed by Pub. L. 110–289, div. A, title II, § 1204(1), July 30, 2008, 122 Stat. 2786. Section 1441a of Title 12 was repealed by Pub. L. 111–203, title III, § 364(b), July 21, 2010, 124 Stat. 1555. Section 2A(i) of the Home Owners’ Loan Act, referred to in subsec. (a)(1), probably should be a reference to section 3(g) of the Home Owners’ Loan Act, act June 13, 1933, ch. 64, as amended by Pub. L. 101–73, title III, § 301, Aug. 9, 1989, 103 Stat. 278, which was classified to section 1462a(g) of Title 12, Banks and Banking, prior to repeal by Pub. L. 111–203, title III, § 369(3)(B), July 21, 2010, 124 Stat. 1558. Sections 5.11 and 5.58 of the Farm Credit Act of 1971, referred to in subsec. (a)(1), are classified to sections 2245 and 2277a–7, respectively, of Title 12, Banks and Banking. Sections 403a–403c, 403e–403h, and 403j of title 50, referred to in subsec. (a)(3), were editorially reclassified to sections 3501 to 3503, 3505, 3323, 3506, 3507, 3508, and 3510, respectively, of Title 50, War and National Defense. Section 403e–1 of Title 50, included within the reference to sections 403e–403h of Title 50, was enacted by Pub. L. 98–215, title IV, § 402, Dec. 9, 1983, 97 Stat. 1477, after subsec. (a)(3) was enacted, and subsequently editorially reclassified to section 3323 of Title 50. Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of this title.
|
||||
|
||||
Amendments2002—Subsec. (a)(2). Pub. L. 107–171, § 10702(c)(3)(A), which directed amendment of par. (2) by striking “or” at end, could not be executed because the word “or” did not appear at the end. See below. Pub. L. 107–123, § 8(d)(1)(C)(i), struck out “or” at end. Subsec. (a)(3). Pub. L. 107–171, § 10702(c)(3)(B), which directed substitution of “; or” for the period at the end, could not be executed because there was no period at the end. See below. Pub. L. 107–123, § 8(d)(1)(C)(ii), substituted “; or” for the period at the end. Subsec. (a)(4). Pub. L. 107–171, § 10702(c)(3)(C), added par. (4) relating to section 2(a)(7) of the Commodity Exchange Act. Pub. L. 107–123, § 8(d)(1)(C)(iii), added par. (4) relating to section 4802. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a), substituted “(a) Except as provided in subsection (b) and” for “Except as provided”, and added subsec. (b). 1996—Pub. L. 104–201 redesignated pars. (2) to (4) as (1) to (3), respectively, and struck out former par. (1) which read as follows: “section 1202 of the Panama Canal Act of 1979;”. 1990—Pub. L. 101–509 substituted “rate for level IV of the Executive Schedule.” for “maximum rate for GS–18.” 1989—Par. (2). Pub. L. 101–73, § 1209, amended par. (2) generally. Prior to amendment, par. (2) read as follows: “sections 248, 481, 1437, 1439, and 1819 of title 12;”. Pub. L. 101–73, § 742(b), inserted references to sections 1437 and 1439 of title 12. 1979—Par. (1). Pub. L. 96–70 substituted “section 1202 of the Panama Canal Act of 1979” for “section 121 of title 2, Canal Zone Code (76A Stat. 15)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–123 effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as a note under section 78ee of Title 15, Commerce and Trade.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective Date of 1979 AmendmentAmendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5374 - Miscellaneous positions in the executive branch
|
||||
|
||||
## Text
|
||||
|
||||
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 (78 Stat. 422), or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. The head of the agency concerned shall report each action taken under this section to the Office of Personnel Management and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5364; renumbered § 5374 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2213.Aug. 14, 1964, Pub. L. 88–426, § 309, 78 Stat. 433. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of Pub. L. 88–426, Aug. 14, 1964. For complete classification of this section to the Code, see Tables.
|
||||
|
||||
Amendments1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
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|
||||
title: "5 U.S.C. § 5375"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5375 - Police force of the National Zoological Park
|
||||
|
||||
## Text
|
||||
|
||||
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 Pub. L. 91–34, § 1(a), June 30, 1969, 83 Stat. 41, § 5365; amended Pub. L. 94–183, § 2(20), Dec. 31, 1975, 89 Stat. 1058; renumbered § 5375, Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221; Pub. L. 101–263, § 1(a), Apr. 4, 1990, 104 Stat. 125; Pub. L. 102–378, § 2(33), Oct. 2, 1992, 106 Stat. 1350.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextGeneral Schedule, referred to in text, is set out under section 5332 of this title.
|
||||
|
||||
Amendments1992—Par. (2). Pub. L. 102–378 substituted “GS–8” for “GS–8,”. 1990—Pub. L. 101–263 inserted “the” before “National” in section catchline and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Smithsonian Institution shall fix the per annum rates of basic pay of positions on the police force of the National Zoological Park in accordance with the following provisions: “(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—Pub. L. 94–183 struck out designation “(a)” at beginning.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–263, § 2, Apr. 4, 1990, 104 Stat. 125, provided that: “The amendments made by section 1 [amending this section] shall apply with respect to pay periods beginning after the date of the enactment of this Act [Apr. 4, 1990].”
|
||||
|
||||
Effective DatePub. L. 91–34, § 3(a), June 30, 1969, 83 Stat. 41, provided that: “The foregoing provisions of this Act [enacting this section and amending sections 5102 and 5109 of this title and section 193n of former Title 40, Public Buildings, Property, and Works] shall become effective at the beginning of the first pay period which commences on or after the date of enactment of this Act [June 30, 1969].”
|
||||
|
||||
Reduction of Basic Pay RatePub. L. 91–34, § 3(b), June 30, 1969, 83 Stat. 41, provided that: “No rate of basic pay shall be reduced by reason of the enactment of this Act [enacting this section and amending sections 5102 and 5109 of this title and section 193n of former Title 40, Public Buildings, Property, and Works].”
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5376 - Pay for certain senior-level positions
|
||||
|
||||
## Text
|
||||
|
||||
(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) subject to paragraph (3), not greater than the rate of basic pay payable for level III 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.
|
||||
|
||||
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.
|
||||
|
||||
(4) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).
|
||||
|
||||
(Added Pub. L. 101–509, title V, § 529 [title I, § 102(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1443; amended Pub. L. 110–372, § 2(b), Oct. 8, 2008, 122 Stat. 4044.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (b), is set out under section 5332 of this title. Levels II and III of the Executive Schedule, referred to in subsec. (b), are set out in sections 5313 and 5314 of this title, respectively.
|
||||
|
||||
Amendments2008—Subsec. (b)(1)(B). Pub. L. 110–372, § 2(b)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “not greater than the rate of basic pay payable for level IV of the Executive Schedule.”. Subsec. (b)(3), (4). Pub. L. 110–372, § 2(b)(2), added pars. (3) and (4).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2008 AmendmentPub. L. 110–372, § 2(d), Oct. 8, 2008, 122 Stat. 4044, provided that: “(1) Effective date.—The amendments made by this section [amending this section and sections 3104, 3324, 3325, 5108 and 5304 of this title] shall take effect on the first day of the first pay period beginning on or after the 180th day following the date of enactment of this Act [Oct. 8, 2008]. “(2) No reductions in rates of pay.—“(A) In general.—The amendments made by this section may not result, at the time such amendments take effect, in a reduction in the rate of basic pay for an individual holding a position to which section 5376 of title 5, United States Code, applies. “(B) Determination of rate of pay.—For the purposes of subparagraph (A), the rate of basic pay for an individual described in that subparagraph shall be deemed to be the rate of basic pay set for the individual under section 5376 of title 5, United States Code, plus any applicable locality pay paid to that individual on the day before the effective date under paragraph (1), subject to regulations that the Director of the Office of Personnel Management may prescribe. “(3) References to maximum rates.—Except as otherwise provided by law, any reference in a provision of law to the maximum rate under section 5376 of title 5, United States Code—“(A) as provided before the effective date of the amendments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule [5 U.S.C. 5315]; and “(B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to—“(i) the rate of basic pay for level III of the Executive Schedule [5 U.S.C. 5314]; or “(ii) if the head of the agency responsible for administering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 5307(d), level II of the Executive Schedule [5 U.S.C. 5313].”
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
|
||||
References in Other Laws to GS–16, 17, or 18 Pay Rates; RegulationsPub. L. 101–509, title V, § 529 [title I, § 101(c), (d)], Nov. 5, 1990, 104 Stat. 1427, 1442, provided that: “(c) Other References.—Until otherwise provided by law—“(1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect [see Effective Date of 1990 Amendment note set out under section 5301 of this title], excluding any reference in a provision of law amended by this Act [see Short Title of 1990 Amendment note set out under section 5301 of this title])—“(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 Pub. L. 101–509, set out as a note under section 5304 of this title]; and “(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 chapter 51 and subchapter III of chapter 53 of such title—“(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) Regulations.—The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303 [section 529 [title III, § 303] of Pub. L. 101–509, set out as a note under section 5301 of this title], governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule.” [For reference to maximum rate under section 5376 of this title, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under this section.]
|
||||
@@ -0,0 +1,107 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5377 - Pay authority for critical positions
|
||||
|
||||
## Text
|
||||
|
||||
(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 chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
|
||||
|
||||
(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;
|
||||
|
||||
(F) a position in a category as to which a designation is in effect under subsection (i); and
|
||||
|
||||
(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).
|
||||
|
||||
(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 Personnel Management, in consultation with the Office of Management and Budget, 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 Personnel Management 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 Personnel Management 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 Personnel Management shall consult with the Office of Management and Budget before making any decision to grant or terminate any authority under this section.
|
||||
|
||||
(h) The Office of Personnel Management shall report to the Committee on Government Reform 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 11 So in original. Probably should be “or”. 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 Pub. L. 101–509, title V, § 529 [title I, § 103(a)], Nov. 5, 1990, 104 Stat. 1427, 1444; amended Pub. L. 102–378, § 2(34), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 108–411, title I, § 102, Oct. 30, 2004, 118 Stat. 2311; Pub. L. 108–447, div. B, title I, § 115, Dec. 8, 2004, 118 Stat. 2870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel I of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5312 of this title.
|
||||
|
||||
Amendments2004—Subsec. (a)(2)(G). Pub. L. 108–447 added subpar. (G). Subsec. (c). Pub. L. 108–411, § 102(1), (2), substituted “Office of Management and Budget” for “Office of Personnel Management” and “Office of Personnel Management” for “Office of Management and Budget”. Subsec. (e)(1), (f). Pub. L. 108–411, § 102(2), substituted “Office of Personnel Management” for “Office of Management and Budget”. Subsec. (g). Pub. L. 108–411, § 102(1)–(3), substituted “Office of Personnel Management” for “Office of Management and Budget” and “Office of Management and Budget” for “Office of Personnel Management” and struck out “prescribing regulations under this section or” before “making any decision”. Subsec. (h). Pub. L. 108–411, § 102(2), (4), in introductory provisions, substituted “Office of Personnel Management” for “Office of Management and Budget” and “Committee on Government Reform” for “Committee on Post Office and Civil Service”. 1992—Subsec. (a)(2)(E), (F). Pub. L. 102–378, § 2(34)(A), added subpars. (E) and (F). Subsec. (i). Pub. L. 102–378, § 2(34)(B), added subsec. (i).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Change of Name Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Delegation of Functions Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under section 4505a of this title.
|
||||
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5378 - Police forces of the Bureau of Engraving and Printing and the United States Mint
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of the Department of the Treasury, or his designee, in his sole discretion shall fix the rates of basic pay for positions within the police forces of the United States Mint and the Bureau of Engraving and Printing without regard to the pay provisions of title 5, United States Code, except that no entry-level police officer shall receive basic pay for a calendar year that is less than the basic rate of pay for General Schedule GS–7 and no executive security official shall receive basic compensation for a calendar year that exceeds the basic rate of pay for General Schedule GS–15.
|
||||
|
||||
(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 Pub. L. 101–509, title V, § 529 [title I, § 109(a)(1)(A)], Nov. 5, 1990, 104 Stat. 1427, 1451; amended Pub. L. 104–52, title V, § 521, Nov. 19, 1995, 109 Stat. 494; Pub. L. 105–61, title I, § 121, Oct. 10, 1997, 111 Stat. 1289.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
|
||||
|
||||
Amendments1997—Subsec. (a). Pub. L. 105–61 amended subsec. (a) generally. Prior to amendment, subsec. (a) consisted of pars. (1) to (8) providing maximum levels of General Schedule at which Secretary of the Treasury was to set basic rates of pay for positions in police forces of Bureau of Engraving and Printing and United States Mint. 1995—Subsec. (a)(8). Pub. L. 104–52, which directed amendment of this section by adding par. (8), was executed by adding par. (8) at end of subsec. (a) to reflect the probable intent of Congress.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date; Conversion and Savings ProvisionsPub. L. 101–509, title V, § 529 [title I, § 109(c)], Nov. 5, 1990, 104 Stat. 1427, 1452, provided that: “(1) This section and the amendments made by this section [enacting this section, amending section 5102 of this title, and enacting provisions set out as a note below] shall become effective on the first day of the first applicable pay period beginning on or after the 30th day following the date of enactment of this Act [Nov. 5, 1990]. “(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 section 5303 of title 5, United States Code (or a succeeding provision of law); “(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 AffectedPub. L. 101–509, title V, § 529 [title I, § 109(b)], Nov. 5, 1990, 104 Stat. 1427, 1451, as amended by Pub. L. 102–378, § 3(1), Oct. 2, 1992, 106 Stat. 1355, provided that: “Nothing in this section or in any amendment made by this section [enacting this section, amending section 5102 of this title, and enacting provisions set out as a note above] shall— “(1) affect any special pay rate under section 5303 of title 5, United States Code, established before this section takes effect; or “(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 Pub. L. 102–378 to section 529 [title I, § 109(b)] of Pub. L. 101–509, set out above, effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.]
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
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||||
---
|
||||
|
||||
# 5 U.S.C. § 5379 - Student loan repayments
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) For the purpose of this section—
|
||||
|
||||
(A) the term “agency” means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101(1) of this title, the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services; and
|
||||
|
||||
(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 (20 U.S.C. 1071 et seq.);
|
||||
|
||||
(ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.); and
|
||||
|
||||
(iii) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) or under part E of title VIII of such Act (42 U.S.C. 297a et seq.).
|
||||
|
||||
(2) An employee shall be ineligible for benefits under this section if the employee occupies a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.
|
||||
|
||||
(b) (1) The head of an agency may, in order to recruit or retain highly qualified 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) $10,000 for any employee in any calendar year; or
|
||||
|
||||
(B) a total of $60,000 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 section 2301(b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service.
|
||||
|
||||
(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.
|
||||
|
||||
(h) (1) Each head of an agency shall maintain, and annually submit to the Director of the Office of Personnel Management, information with respect to the agency on—
|
||||
|
||||
(A) the number of Federal employees selected to receive benefits under this section;
|
||||
|
||||
(B) the job classifications for the recipients; and
|
||||
|
||||
(C) the cost to the Federal Government of providing the benefits.
|
||||
|
||||
(2) The Director of the Office of Personnel Management shall prepare, and annually submit to Congress, a report containing the information submitted under paragraph (1), and information identifying the agencies that have provided benefits under this section.
|
||||
|
||||
(Added Pub. L. 101–510, div. A, title XII, § 1206(b)(1), Nov. 5, 1990, 104 Stat. 1659; amended Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(a), (b), (d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–316; Pub. L. 108–123, § 2, Nov. 11, 2003, 117 Stat. 1345; Pub. L. 108–136, div. A, title XI, § 1123(a), Nov. 24, 2003, 117 Stat. 1637; Pub. L. 110–437, title V, § 502, Oct. 20, 2008, 122 Stat. 4997.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Higher Education Act of 1965, referred to in subsec. (a)(1)(B)(i), (ii), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Parts B, D, and E of title IV of the Act are classified to parts B (§ 1071 et seq.), D (§ 1087a et seq.), and E (§ 1087aa et seq.), respectively, of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Public Health Service Act, referred to in subsec. (a)(1)(B)(iii), is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title VII of the Act is classified generally to part A (§ 292 et seq.) of subchapter V of chapter 6A of Title 42, The Public Health and Welfare. Part E of title VIII of the Act is classified generally to part E (§ 297a et seq.) of subchapter VI of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
|
||||
|
||||
Amendments2008—Subsec. (a)(1)(A). Pub. L. 110–437 inserted “, the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services” after “title”. 2003—Subsec. (b)(2)(A). Pub. L. 108–123, § 2(1), and Pub. L. 108–136 amended subpar. (A) identically, substituting “$10,000” for “$6,000”. Subsec. (b)(2)(B). Pub. L. 108–123, § 2(2), substituted “$60,000” for “$40,000”. 2000—Subsec. (a)(1)(B)(i). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(a)(1)], inserted “(20 U.S.C. 1071 et seq.)” before semicolon. Subsec. (a)(1)(B)(ii). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(a)(2)], substituted “part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.)” for “part E of title IV of the Higher Education Act of 1965”. Subsec. (a)(1)(B)(iii). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(a)(3)], substituted “part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) or under part E of title VIII of such Act (42 U.S.C. 297a et seq.)” for “part C of title VII of Public Health Service Act or under part B of title VIII of such Act”. Subsec. (a)(2). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(b)(1)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.” Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(b)(2)], struck out “professional, technical, or administrative” after “highly qualified”. Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(d)], added subsec. (h).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title XI, § 1123(b), Nov. 24, 2003, 117 Stat. 1637, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2004.”
|
||||
|
||||
RegulationsPub. L. 106–398, § 1 [[div. A], title XI, § 1122(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–316, provided that: “(1) Not later than 60 days after the date of the enactment of this Act [Oct. 30, 2000], the Director of the Office of Personnel Management shall issue proposed regulations under section 5379(g) of title 5, United States Code. The Director shall provide for a period of not less than 60 days for public comment on the regulations. “(2) Not later than 240 days after the date of the enactment of this Act [Oct. 30, 2000], the Director shall issue final regulations.”
|
||||
|
||||
Institutional Loan Forgiveness ProgramsPub. L. 110–315, title IX, § 961, Aug. 14, 2008, 122 Stat. 3473, provided that: “Notwithstanding any other provision of law— “(1) a public or private institution of higher education may provide an officer or employee of any branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or providing forbearance of student loan repayment if—“(A) such repayment or forbearance is provided to such officer or employee in accordance with a written, published policy of the institution relating to repaying or providing forbearance, respectively, for students or former students who perform public service; and “(B) in the case of a former student of the institution of higher education, the policy described in subparagraph (A) was in effect at the institution of higher education on the day before the date such officer or employee graduated from or otherwise ceased being a student at such institution; and “(2) an officer or employee of any branch of the United States Government, of any independent agency of the United States, or of the District of Columbia may receive repayment or forbearance permitted under paragraph (1).”
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5380"
|
||||
description: "Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359]"
|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 5380"
|
||||
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|
||||
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||||
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||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5380 - Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 101–510, div. A, title XII, § 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay authority for critical positions. See section 5377 of this title. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(1), and provided that this title shall read as if section 1206(i)(1) had not been enacted.
|
||||
|
||||
Pub. L. 101–510, § 1206(i)(3), provided that (A) unless section 5380 of this title did not take effect as provided in subpar. (B), such section would cease to be in effect on the earlier of Oct. 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990 [Nov. 5, 1990], and (B) section 5380 of this title would not take effect if the Federal Employees Pay Comparability Act of 1990 [Pub. L. 101–509] was enacted before the date of the enactment of this Act [Nov. 5, 1990]. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(3), and provided that this title shall read as if section 1206(i)(3) had not been enacted.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of RepealRepeal effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5381"
|
||||
description: "Definitions"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5381"
|
||||
citation: "5 U.S.C. § 5381"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5381"
|
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5381 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter, “agency”, “Senior Executive Service position”, “career appointee”, and “senior executive” have the meanings set forth in section 3132(a) of this title.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 101–136, title VI, § 625(b), Nov. 3, 1989, 103 Stat. 823.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Pub. L. 101–136 inserted “ ‘career appointee’,” before “and”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5382"
|
||||
description: "Establishment of rates of pay for the Senior Executive Service"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5382"
|
||||
citation: "5 U.S.C. § 5382"
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5382 - Establishment of rates of pay for the Senior Executive Service
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
|
||||
|
||||
(b) Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
|
||||
|
||||
(c) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(B), (6)(A), (9)(I)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1440, 1442; Pub. L. 108–136, div. A, title XI, § 1125(a)(2), Nov. 24, 2003, 117 Stat. 1638.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel III of the Executive Schedule, referred to in subsec. (a), is set out in section 5314 of this title. Level II of the Executive Schedule, referred to in subsec. (b), is set out in section 5313 of this title.
|
||||
|
||||
Amendments2003—Pub. L. 108–136 substituted “Establishment of rates of pay for the Senior Executive Service” for “Establishment and adjustment of rates of pay for the Senior Executive Service” in section catchline and amended text generally. Prior to amendment, text read as follows: “(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 section 5306(e) or 5373 of this title. “(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 section 5303 of this title in the rates of pay under the General Schedule, each rate of basic pay for the Senior Executive Service shall be adjusted by an amount determined by the President to be appropriate. “(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.” 1990—Subsec. (b). Pub. L. 101–509, § 529 [title I, § 101(b)(6)(A), (9)(I)], substituted “under section 5376” for “for GS–16 of the General Schedule” and “5306(e)” for “5308”. Subsec. (c). Pub. L. 101–509, § 529 [title I, § 101(b)(4)(B)], substituted “5303” for “5305” and struck out at end “The adjusted rates of basic pay for the Senior Executive Service shall be included in the report transmitted to the Congress by the President under section 5305(a)(3) or (c)(1) of this title.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2003 AmendmentAmendment by Pub. L. 108–136 effective on first day of first pay period beginning on or after Jan. 1, 2004, but not to result in reduction in rate of basic pay for any senior executive during first year after effective date, see section 1125(c) of Pub. L. 108–136, set out as a note under section 5304 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment by Pub. L. 101–509 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 Pub. L. 101–509, set out as a note under section 5301 of this title.
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
|
||||
|
||||
Pay IncreasesFor adjustment of rates of basic pay for the Senior Executive Service under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title.
|
||||
|
||||
Executive Documents
|
||||
|
||||
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 1013 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5383"
|
||||
description: "Setting individual senior executive pay"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5383"
|
||||
citation: "5 U.S.C. § 5383"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s5383"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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|
||||
text_hash: "406ebc2ec64f4bd87901d766a269a395c786b738ec6ae687b93195cf7ecce602"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5383 - Setting individual senior executive pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.
|
||||
|
||||
(b) Members of the Senior Executive Service shall be subject to the limitation under section 5307.
|
||||
|
||||
(c) Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.
|
||||
|
||||
(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 Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 96–166, § 3, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 98–615, title III, § 305, Nov. 8, 1984, 98 Stat. 3219; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(7)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 102–175, § 2, Dec. 2, 1991, 105 Stat. 1222; Pub. L. 102–378, § 2(35), Oct. 2, 1992, 106 Stat. 1351; Pub. L. 108–136, div. A, title XI, § 1125(a)(3), Nov. 24, 2003, 117 Stat. 1639.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2003—Subsec. (a). Pub. L. 108–136, § 1125(a)(3)(A), substituted “which of the rates within a range established under section 5382” for “which of the rates established under section 5382 of this title”. Subsec. (c). Pub. L. 108–136, § 1125(a)(3)(B), substituted “as provided in regulations prescribed by the Office under section 5385” for “for any pay adjustment under section 5382 of this title”. 1992—Subsec. (b). Pub. L. 102–378 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, 5384, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. “(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 section 5582 of this title, under which payment under this paragraph shall be made in the case of any individual whose death precludes payment under subparagraph (A) of this paragraph.” 1991—Subsec. (e). Pub. L. 102–175 added subsec. (e). 1990—Subsec. (b)(1). Pub. L. 101–509, which directed that “5304(j),” be struck out after the reference to section 4507, could not be executed because “5304(j),” does not appear in text. 1984—Subsec. (b). Pub. L. 98–615 designated existing provisions as par. (1) and added par. (2). 1979—Subsec. (b). Pub. L. 96–166 inserted reference to section 5948.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2003 AmendmentAmendment by Pub. L. 108–136 effective on first day of first pay period beginning on or after Jan. 1, 2004, but not to result in reduction in rate of basic pay for any senior executive during first year after effective date, see section 1125(c) of Pub. L. 108–136, set out as a note under section 5304 of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
|
||||
|
||||
Senior Executive Service; Maximum Aggregate Amount Payable, Etc.; ReportPub. L. 98–168, title III, § 301(a), Nov. 29, 1983, 97 Stat. 1112, required Office of Personnel Management to study and, within 12 months after Nov. 29, 1983, submit to each House of Congress a report on effect which 5 U.S.C. 5383(b) (relating to maximum aggregate amount payable to a member of Senior Executive Service in a fiscal year) has had with respect to recruitment, retention, and morale of career appointees in Senior Executive Service.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5384"
|
||||
description: "Performance awards in the Senior Executive Service"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5384"
|
||||
citation: "5 U.S.C. § 5384"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5384 - Performance awards in the Senior Executive Service
|
||||
|
||||
## Text
|
||||
|
||||
(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 section 5382 of this title or any award paid under section 4507 of this title.
|
||||
|
||||
(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 chapter 43 of this title.
|
||||
|
||||
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay.
|
||||
|
||||
(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of—
|
||||
|
||||
(A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or
|
||||
|
||||
(B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
|
||||
|
||||
(c) (1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under section 4314 of this title.
|
||||
|
||||
(2) not 11 So in original. Probably should be capitalized. 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 Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1172; amended Pub. L. 98–615, title III, § 302, Nov. 8, 1984, 98 Stat. 3217; Pub. L. 101–136, title VI, § 625(a), Nov. 3, 1989, 103 Stat. 822; Pub. L. 105–277, div. A, § 101(h) [title VI, § 632(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–523.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1998—Subsec. (b)(3). Pub. L. 105–277 substituted “10 percent” for “3 percent” in subpar. (A) and substituted “20 percent” for “15 percent” in subpar. (B). 1989—Subsec. (c). Pub. L. 101–136 designated existing provisions as par. (1) and added par. (2). 1984—Subsec. (b)(2). Pub. L. 98–615, § 302(1), substituted “but may not be less than 5 percent nor more than 20 percent” for “but may not exceed 20 percent”. Subsec. (b)(3). Pub. L. 98–615, § 302(2), substituted provisions limiting the aggregate amount of performance awards paid under this section by an agency during any fiscal year to the greater of 3 percent of the aggregate basic pay of career appointees in that agency during the preceding fiscal year or 15 percent of the average of the annual rates of basic pay of such appointees during such fiscal year for provisions limiting the number of career appointees paid performance awards under this section during any fiscal year to 50 percent of the number of Senior Executive Service positions in such agency, except for an agency having less than 4 such positions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1998 AmendmentPub. L. 105–277, div. A, § 101(h) [title VI, § 632(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–523, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1998, or the date of enactment of this Act [Oct. 21, 1998], whichever is later.”
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment by Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
|
||||
|
||||
Limitation on Number of Performance Awards for Career AppointeesSection 306(c) of S. 2939, Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97–276, § 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided that: “None of the funds appropriated by this Act or any other Act shall be used by any agency to pay performance awards in fiscal year 1983 under section 5384 of title 5, United States Code, or any comparable personnel system established on or after October 13, 1978, to more than 20 per centum of the number of Senior Executive Service or comparable personnel system positions in such agency: Provided, That an agency with less than five Senior Executive Service employees or equivalent positions may grant one such performance award.” Similar provisions were contained in the following acts: Pub. L. 97–51, §§ 101(c), 124, Oct. 1, 1981, 95 Stat. 959, 965. Pub. L. 96–536, § 101(c), Dec. 16, 1980, 94 Stat. 3167. Pub. L. 96–369, § 101(c), Oct. 1, 1980, 94 Stat. 1352. Pub. L. 96–304, title III, § 303, July 8, 1980, 94 Stat. 927.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5385"
|
||||
description: "Regulations"
|
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5385"
|
||||
citation: "5 U.S.C. § 5385"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5385"
|
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5385 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
|
||||
|
||||
(Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1172.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5391"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5391"
|
||||
citation: "5 U.S.C. § 5391"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5391"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5391 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purposes of this subchapter, “agency”, “employee”, and “position” have the meanings given them by section 5102.
|
||||
|
||||
(Added Pub. L. 101–509, title V, § 529 [title I, § 105(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 5392"
|
||||
description: "Establishment of special occupational pay systems"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "53"
|
||||
chapter_name: "PAY RATES AND SYSTEMS"
|
||||
section: "5392"
|
||||
citation: "5 U.S.C. § 5392"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s5392"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "5407a0935254eea9eb75f0ef2e3649c3c5491eb6615f66f2bda3ed3b230bc200"
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 5392 - Establishment of special occupational pay systems
|
||||
|
||||
## Text
|
||||
|
||||
(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 chapter 51 or subject to subchapter III.
|
||||
|
||||
(c) In establishing special occupational pay systems, the pay agent shall—
|
||||
|
||||
(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately;
|
||||
|
||||
(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 Pub. L. 101–509, title V, § 529 [title I, § 105(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextLevel V of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5316 of this title. The General Schedule, referred to in subsec. (e), is set out under section 5332 of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection 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 Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title.
|
||||
Reference in New Issue
Block a user