US (United States) Code. Title 5. Chapter 51: Classification

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 51 - CLASSIFICATION 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 51 - CLASSIFICATION

.

-HEAD-

CHAPTER 51 - CLASSIFICATION

-MISC1-

Sec.

5101. Purpose.

5102. Definitions; application.

5103. Determination of applicability.

5104. Basis for grading positions.

5105. Standards for classification of positions.

5106. Basis for classifying positions.

5107. Classification of positions.

5108. Classification of positions above GS-15.

5109. Positions classified by statute.

5110. Review of classification of positions.

5111. Revocation and restoration of authority to classify

positions.

5112. General authority of the Office of Personnel Management.

5113. Classification records.

(5114. Repealed.)

5115. Regulations.

AMENDMENTS

1992 - Pub. L. 102-378, Sec. 2(22), Oct. 2, 1992, 106 Stat. 1348,

substituted ''above GS-15'' for ''at GS-16, 17, and 18'' in item

5108.

1986 - Pub. L. 99-386, title I, Sec. 110(b), Aug. 22, 1986, 100

Stat. 822, struck out item 5114 ''Reports; positions in GS-16, 17,

and 18''.

1978 - Pub. L. 95-454, title IX, Sec. 906(a)(17), Oct. 13, 1978,

92 Stat. 1226, substituted ''Office of Personnel Management'' for

''Civil Service Commission'' in item 5112.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3101, 3102, 3109, 3161,

3374, 4521, 4802, 5307, 5331, 5334, 5342, 5348, 5361, 5363, 5371,

5377, 5380, 5392, 5541, 5544, 5545, 7204, 9503, 9509 of this title;

title 2 sections 60e-2, 60e-2a, 60e-2b, 60e-6, 162a, 166, 197, 293,

353, 356, 437c, 1846, 1847, 2048; title 4 section 142; title 6

sections 252, 271; title 7 sections 2, 511m, 610, 1507, 1642,

1765a, 6981, 7317, 7657; title 10 sections 2903, 4540, 7212, 9540;

title 12 sections 482, 1441a, 1462a, 1701c, 1766, 2245, 2405, 3012,

4515, 4703; title 13 section 23; title 14 section 432; title 15

sections 78s, 205i, 278, 278a, 327, 634d, 648, 714g, 714h, 715h,

717q, 1023, 2053, 2451, 7107; title 16 sections 81c, 410cc-36,

410ww-24, 410ccc-22, 450jj-1, 450ss-3, 460m, 469j, 470m, 583j-1,

590d, 698v-4, 793, 825i, 832i, 833h, 916l, 3702, 4604; title 18

section 4001; title 20 sections 74, 75f, 76dd, 80g, 80g-4, 80o,

1018, 1067j, 1087-2, 1089, 1098, 1102, 1137, 1138b, 1145, 1221e,

1417, 2106, 3413, 3425, 4416, 5509, 5933, 9105, 9252, 9517, 9578,

9621; title 21 sections 393, 394, 1908; title 22 sections 272a,

277d-3, 277d-19, 280b, 280i, 280k, 287e, 287r, 289b, 290b, 2024,

2083, 2124c, 2421, 2454, 2581, 3008, 3981, 4154, 4606, 6204, 6432b,

6918, 7302; title 25 sections 2a, 305a, 633, 640d-11, 2012, 2707;

title 26 sections 7471, 9010, 9040; title 28 sections 625, 626;

title 29 sections 172, 661, 676, 762, 783, 1147; title 30 sections

556, 664, 823; title 31 section 3801; title 33 sections 569a, 939,

940, 984, 1325, 1374; title 35 sections 3, 7; title 36 sections

511, 2305, 151304, 151307, 151704, 151707, 152404, 152407, 152604;

title 38 sections 4103, 7281, 7802; title 40 sections 311, 581,

701, 3308, 6111, 6112, 8502, 8711; title 41 sections 38, 46, 104,

422; title 42 sections 204, 217a, 237, 282, 290aa, 299c-1, 300v-2,

907a, 1320a-4, 1320b-9, 1563, 1731, 1855f, 1863, 1873, 1962a-4,

2000e-4, 2000g, 2201, 2473, 4276, 4365, 4372, 5149, 5667g-2, 6063,

7231, 7383, 10266, 12373, 12619, 12651f, 14196, 15064, 15324; title

43 sections 316n, 1731; title 44 section 2503; title 45 sections

154, 362; title 46 App. sections 1111, 1295e, 1295g; title 47

section 154; title 49 section 32306; title 50 sections 402, 404;

title 50 App. sections 460, 1989b-5, 2001, 2153.

-CITE-

5 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 51 - CLASSIFICATION

-HEAD-

Sec. 5101. Purpose

-STATUTE-

It is the purpose of this chapter to provide a plan for

classification of positions whereby -

(1) in determining the rate of basic pay which an employee will

receive -

(A) the principle of equal pay for substantially equal work

will be followed; and

(B) variations in rates of basic pay paid to different

employees will be in proportion to substantial differences in

the difficulty, responsibility, and qualification requirements

of the work performed and to the contributions of employees to

efficiency and economy in the service; and

(2) individual positions will, in accordance with their duties,

responsibilities, and qualification requirements, be so grouped

and identified by classes and grades, as defined by section 5102

of this title, and the various classes will be so described in

published standards, as provided by section 5105 of this title,

that the resulting position-classification system can be used in

all phases of personnel administration.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1071. Oct. 28, 1949, ch.

782, Sec. 101, 63

Stat. 954.

-------------------------------

The words ''and for rates of basic compensation'' are omitted as

inapplicable to this chapter since the provisions of former chapter

21 relating to rates of basic compensation are carried into

subchapter III of chapter 53. The word ''officer'' is omitted as

included in ''employee'' is defined in section 5102.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

of the report.

REFERENCES IN OTHER LAWS TO CHAPTER 51 AND SUBCHAPTER III OF

CHAPTER 53

References in laws to fix pay in accordance with this chapter and

subchapter III of chapter 53 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, Sec. 302) of Pub. L. 101-509, set out as a

note under section 5304 of this title, see section 529 (title I,

Sec. 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.

-CITE-

5 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 51 - CLASSIFICATION

-HEAD-

Sec. 5102. Definitions; application

-STATUTE-

(a) For the purpose of this chapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) the Library of Congress;

(C) the Botanic Garden;

(D) the Government Printing Office;

(E) the Office of the Architect of the Capitol; and

(F) the government of the District of Columbia;

but does not include -

(i) a Government controlled corporation;

(ii) the Tennessee Valley Authority;

(iii) the Virgin Islands Corporation;

(iv) the Atomic Energy Commission;

(v) the Central Intelligence Agency;

(vi) the National Security Agency, Department of Defense;

(vii) the General Accounting Office; or (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The word ''or'' probably should

not appear.

(ix) (FOOTNOTE 2) the Defense Intelligence Agency, Department

of Defense; or

(FOOTNOTE 2) So in original. Subsec. (a)(1) does not contain a

cl. (viii).

(x) the National Imagery and Mapping Agency, Department of

Defense. (FOOTNOTE 3)

(FOOTNOTE 3) So in original. The period probably should be a

semicolon.

(2) ''employee'' means an individual employed in or under an

agency;

(3) ''position'' means the work, consisting of the duties and

responsibilities, assignable to an employee;

(4) ''class'' or ''class of positions'' includes all positions

which are sufficiently similar, as to -

(A) kind or subject-matter of work;

(B) level of difficulty and responsibility; and

(C) the qualification requirements of the work;

to warrant similar treatment in personnel and pay administration;

and

(5) ''grade'' includes all classes of positions which, although

different with respect to kind or subject-matter of work, are

sufficiently equivalent as to -

(A) level of difficulty and responsibility; and

(B) level of qualification requirements of the work;

to warrant their inclusion within one range of rates of basic pay

in the General Schedule.

(b) Except as provided by subsections (c) and (d) of this

section, this chapter applies to all civilian positions and

employees in or under an agency, including positions in local

boards and appeal boards within the Selective Service System and

employees occupying those positions.

(c) This chapter does not apply to -

( (1) Repealed. Pub. L. 91-375, Sec. 6(c)(9), Aug. 12, 1970, 84

Stat. 776;)

(2) members of the Foreign Service whose pay is fixed under the

Foreign Service Act of 1980; and positions in or under the

Department of State which are -

(A) connected with the representation of the United States to

international organizations; or

(B) specifically exempted by statute from this chapter or

other classification or pay statute;

(3) physicians, dentists, nurses, and other employees in the

Veterans Health Administration of the Department of Veterans

Affairs whose pay is fixed under chapter 73 of title 38;

(4) teachers, school officials, and employees of the Board of

Education of the District of Columbia whose pay is fixed under

chapter 15 of title 31, District of Columbia Code; the chief

judges and the associate judges of the Superior Court of the

District of Columbia and the District of Columbia Court of

Appeals; and nonjudicial employees of the District of Columbia

court system whose pay is fixed under title 11 of the District of

Columbia Code;

(5) members of the Metropolitan Police, the Fire Department of

the District of Columbia, the United States Park Police, and the

Executive Protective Service; members of the police force of the

National Zoological Park whose pay is fixed under section 5375 of

this title; and members of the police forces of the Bureau of

Engraving and Printing and the United States Mint whose pay is

fixed under section 5378 of this title;

(6) lighthouse keepers and civilian employees on lightships and

vessels of the Coast Guard whose pay is fixed under section

432(f) and (g) of title 14;

(7) employees in recognized trades or crafts, or other skilled

mechanical crafts, or in unskilled, semiskilled, or skilled

manual-labor occupations, and other employees including foremen

and supervisors in positions having trade, craft, or laboring

experience and knowledge as the paramount requirement, and

employees in the Bureau of Engraving and Printing whose duties

are to perform or to direct manual or machine operations

requiring special skill or experience, or to perform or direct

the counting, examining, sorting, or other verification of the

product of manual or machine operations;

(8) officers and members of crews of vessels;

(9) employees of the Government Printing Office whose pay is

fixed under section 305 of title 44;

(10) civilian professors, instructors, and lecturers at a

professional military education school (and, in the case of the

George C. Marshall European Center for Security Studies, the

Director and the Deputy Director) whose pay is fixed under

section 1595, 4021, 7478, or 9021 of title 10; civilian

professors, lecturers, and instructors at the Military Academy,

the Naval Academy, and the Air Force Academy whose pay is fixed

under sections 4338, 6952, and 9338, respectively, of title 10;

senior professors, professors, associate and assistant

professors, and instructors at the Naval Postgraduate School

whose pay is fixed under section 7044 of title 10; the Academic

Dean of the Postgraduate School of the Naval Academy whose pay is

fixed under section 7043 of title 10; civilian professors,

instructors, and lecturers in the defense acquisition university

structure (including the Defense Systems Management College)

whose pay is fixed under section 1746(b) of title 10;

(11) aliens or noncitizens of the United States who occupy

positions outside the United States;

((12) Repealed. Pub. L. 104-201, div. C, title XXXV, Sec.

3548(a)(2)(B), Sept. 23, 1996, 110 Stat. 3868;)

(13) employees who serve without pay or at nominal rates of

pay;

(14) employees whose pay is not wholly from appropriated funds

of the United States (other than employees of the Federal

Retirement Thrift Investment Management System appointed under

section 8474(c)(2) of this title), except that with respect to

the Veterans' Canteen Service, Department of Veterans Affairs

this paragraph applies only to employees necessary for the

transaction of the business of the Service at canteens,

warehouses, and storage depots whose employment is authorized by

section 7802 of title 38;

(15) employees whose pay is fixed under a cooperative agreement

between the United States and -

(A) a State or territory or possession of the United States,

or political subdivision thereof; or

(B) an individual or organization outside the service of the

Government of the United States;

(16) student nurses, medical or dental interns,

residents-in-training, student dietitians, student physical

therapists, student occupational therapists, and other student

employees, assigned or attached to a hospital, clinic, or

laboratory primarily for training purposes, whose pay is fixed

under subchapter V of chapter 53 of this title or sections 7405

and 7406 of title 38;

(17) inmates, patients, or beneficiaries receiving care or

treatment or living in Government agencies or institutions;

(18) experts or consultants, when employed temporarily or

intermittently in accordance with section 3109 of this title;

(19) emergency or seasonal employees whose employment is of

uncertain or purely temporary duration, or who are employed for

brief periods at intervals;

(20) employees employed on a fee, contract, or piece work

basis;

(21) employees who may lawfully perform their duties

concurrently with their private profession, business, or other

employment, and whose duties require only a portion of their

time, when it is impracticable to ascertain or anticipate the

proportion of time devoted to the service of the Government of

the United States;

(22) ''teachers'' and ''teaching positions'' as defined by

section 901 of title 20;

(23) administrative patent judges and designated administrative

patent judges in the United States Patent and Trademark Office;

(24) temporary positions in the Bureau of the Census

established under section 23 of title 13, and enumerator

positions in the Bureau of the Census;

(25) positions for which rates of basic pay are individually

fixed, or expressly authorized to be fixed, by other statute, at

or in excess of the rate for level V of the Executive Schedule;

(26) civilian members of the faculty of the Coast Guard Academy

whose pay is fixed under section 186 of title 14;

(27) members of the police of the Library of Congress whose pay

is fixed under section 167 of title 2;

(28) civilian members of the faculty of the Air Force Institute

of Technology whose pay is fixed under section 9314 of title 10;

(29) administrative law judges appointed under section 3105; or

(30) members of agency boards of contract appeals appointed

under section 8 of the Contract Disputes Act of 1978.

(d) This chapter does not apply to an employee of the Office of

the Architect of the Capitol whose pay is fixed by other statute.

Subsection (c) of this section, except paragraph (7), does not

apply to the Office of the Architect of the Capitol.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 444; Pub. L. 90-83, Sec.

1(11), Sept. 11, 1967, 81 Stat. 197; Pub. L. 90-610, Sec. 2, Oct.

21, 1968, 82 Stat. 1201; Pub. L. 91-34, Sec. 2(a), June 30, 1969,

83 Stat. 41; Pub. L. 91-358, title I, Sec. 172(f), July 29, 1970,

84 Stat. 591; Pub. L. 91-375, Sec. 6(c)(9), Aug. 12, 1970, 84 Stat.

776; Pub. L. 93-176, Sec. 1, Dec. 5, 1973, 87 Stat. 693; Pub. L.

94-183, Sec. 2(12), (13), Dec. 31, 1975, 89 Stat. 1057; Pub. L.

95-454, title VIII, Sec. 801(a)(3)(D), title IX, Sec. 906(a)(2),

Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 96-54, Sec. 2(a)(22),

Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-70, title III, Sec.

3302(e)(1), (6), Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-191, Sec.

8(b), Feb. 15, 1980, 94 Stat. 33; Pub. L. 96-465, title II, Sec.

2314(b), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 97-468, title VI,

Sec. 615(b)(1)(C), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98-618,

title V, Sec. 502(a), Nov. 8, 1984, 98 Stat. 3302; Pub. L. 99-145,

title V, Sec. 504(b), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99-335,

title II, Sec. 207(n), June 6, 1986, 100 Stat. 598; Pub. L.

100-135, Sec. 1(b)(2), Oct. 16, 1987, 101 Stat. 811; Pub. L.

101-189, div. A, title XI, Sec. 1124(e), Nov. 29, 1989, 103 Stat.

1560; Pub. L. 101-474, Sec. 5(h), Oct. 30, 1990, 104 Stat. 1100;

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(9)(F),

104(d)(1), 109(a)(2)), Nov. 5, 1990, 104 Stat. 1427, 1441, 1447,

1451; Pub. L. 101-510, div. A, title XII, Sec. 1209(h)(2), Nov. 5,

1990, 104 Stat. 1667; Pub. L. 102-40, title IV, Sec. 403(c)(1), May

7, 1991, 105 Stat. 240; Pub. L. 102-54, Sec. 13(b)(1), (2), June

13, 1991, 105 Stat. 274; Pub. L. 103-160, div. A, title V, Sec.

533(c), title IX, Sec. 923(b), Nov. 30, 1993, 107 Stat. 1658, 1731;

Pub. L. 103-359, title V, Sec. 501(g), Oct. 14, 1994, 108 Stat.

3429; Pub. L. 103-446, title XII, Sec. 1203(b), Nov. 2, 1994, 108

Stat. 4689; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1),

div. C, title XXXV, Sec. 3548(a)(2), Sept. 23, 1996, 110 Stat.

2687, 2868; Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title IV,

Sec. 4732(b)(3)), Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a)(1) 5 U.S.C. 1081(a). Oct. 28, 1949, ch.

782, Sec. 201(a),

63 Stat. 954.

5 U.S.C. 1082(12)- Oct. 28, 1949, ch.

(20), (32). 782, Sec. 202 (12)-

(20), 63 Stat. 954.

May 29, 1959, Pub.

L. 86-36, Sec. 1,

73 Stat. 63.

Sept. 23, 1959, Pub.

L. 86-370, Sec.

6(a) (less (4)), 73

Stat. 652.

(a)(3)-(5) 5 U.S.C. 1091. Oct. 28, 1949, ch.

782, Sec. 301, 63

Stat. 957.

(b) 5 U.S.C. 1081(b). Oct. 28, 1949, ch.

782, Sec. 201(b),

63 Stat. 954.

(c) 5 U.S.C. 1082(1)- Oct. 28, 1949, ch.

(6), (7) (less 782, Sec. 202 (1)-

provisos), (8) (6), (7) (less last

(less last 31 25 words), (8)

words), (9)-(11), (less last 31

(21)-(31), (33)- words), (9)-(11),

(35). (21)-(31), 63 Stat.

954. Sept. 1, 1954,

ch. 1208, Sec.

105(a) ''(7) (less

provisos)'', 68

Stat. 1106.

June 17, 1957, Pub.

L. 85-56, Sec.

2201(20), 71 Stat.

159.

July 25, 1958, Pub.

L. 85-550, Sec.

16(a), (b)(1), 72

Stat. 411.

Sept. 2, 1958, Pub.

L. 85-857, Sec.

13(o), 72 Stat.

1266.

July 17, 1959, Pub.

L. 86-91, Sec. 3,

73 Stat. 213.

Sept. 23, 1959, Pub.

L. 86-370, Sec.

6(a)(4), 73 Stat.

652.

Sept. 13, 1960, Pub.

L. 86-769, Sec. 4,

74 Stat. 912.

(d) 5 U.S.C. 1084(b). Oct. 28, 1949, ch.

782, Sec. 204(b),

63 Stat. 957.

-------------------------------

The section is reorganized and restated for clarity.

In subsection (a)(1)(i), the exception of ''a Government

controlled corporation'' is added to preserve the application of

this chapter to ''corporations wholly owned by the United States''.

This is necessary as the defined term ''Executive agency'' includes

the defined term ''Government corporation'' and the latter includes

both Government owned and controlled corporations. Thus the

exclusion of Government controlled corporations, which are distinct

from wholly owned corporations, operates to preserve the

application of the chapter to wholly owned corporations.

In subsection (a)(1)(vii), the words ''Panama Canal Company'' are

substituted for ''Panama Railroad Company'' on authority of the Act

of Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.

The exception for the Inland Waterways Corporation in former

section 1082(13) is omitted on authority of the Act of July 19,

1963, Pub. L. 88-67, 77 Stat. 81.

The exceptions for Production Credit Corporations and Federal

Intermediate Credit Banks in former section 1082(18) and (19) are

omitted as they are no longer ''corporations wholly owned by the

United States''. Under the Farm Credit Act of 1956, 70 Stat. 659,

the Production Credit Corporations were merged in the Federal

Intermediate Credit Banks, and pursuant to that Act the Federal

Intermediate Credit Banks have ceased to be corporations wholly

owned by the United States.

Subsection (a)(2) is added for clarity. The reference to ''an

individual employed in or under an agency'' includes both officers

and employees of an agency.

In subsection (a)(5), the words ''in the General Schedule'' are

substituted for the reference in former section 1091(3) to ''as

specified in subchapter V of this chapter''.

In subsection (b), the reference to former section 1085 is

omitted as unnecessary. Former section 1085 which exempted certain

agencies from former sections 1151-1153 is carried into section

305.

In subsection (c)(1), the words ''chapter 45 of title 39'' are

substituted for the reference in former section 1082(1) to

''chapter 23 of title 39'' on authority of the Act of July 10,

1955, ch. 137, Sec. 805, 69 Stat. 130, and the Act of Sept. 2,

1960, Pub. L. 86-682, Sec. 5, 74 Stat. 705.

In subsection (c)(2)(B), the words ''this chapter'' are

substituted for the reference in former section 1082(2)(B) to ''the

Classification Act of 1923, as amended,'' on authority of section

1106 of the Act of Oct. 28, 1949, 63 Stat. 972, and technical

section 7(b).

In subsection (c)(4), the words ''chapter 15 of title 31,

District of Columbia Code'' are substituted for the reference in

former section 1082(4) to ''the District of Columbia Teachers

Salary Act of 1947, as supplemented by Public Law 151, Eighty-first

Congress, approved June 30, 1949'' on authority of the provisions

contained therein. The words ''District of Columbia Court of

General Sessions'' and ''District of Columbia Court of Appeals''

are substituted for ''Municipal Court for the District of

Columbia'' and ''Municipal Court of Appeals for the District of

Columbia'', respectively, on authority of D.C. Code Sec. 11-902 and

11-702. The exception for judges of the Juvenile Court of the

District of Columbia is based on D.C. Code Sec. 11-1502.

In subsection (c)(5), the word ''officers'' is omitted as

included in ''member''.

In subsection (c)(10), the words ''sections 6952 and 7478 of

title 10'', ''section 7044 of title 10'', and ''section 7043 of

title 10'' are substituted for the references in former section

1082(10) to ''section 1071 of title 34'', ''sections 1076-1076f of

title 34'', and ''section 1074 of title 34'', respectively, on

authority of the Act of Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A

Stat. 640.

In subsection (c)(11), the words ''the United States'' are

substituted for ''the several States and the District of

Columbia''.

In subsection (c)(14), the words ''employees necessary for the

transaction of the business of the Service at canteens, warehouses,

and storage depots whose employment is authorized by section 4202

of title 38'' are substituted for the reference in former section

1082(23) to ''positions which are exempt from this chapter,

pursuant to section 4202 of title 38''.

In subsection (c)(16), the reference to ''section 4114 of title

38'' is substituted for the reference in former section 1082(25) to

''section 4114(b) of title 38'' to reflect the pay fixing authority

contained in subsection (a)(1) of section 4114.

In subsection (c)(22), the words ''as defined by section 901 of

title 20'' are substituted for ''as defined in the Defense

Department Overseas Teachers Pay and Personnel Practices Act'' on

authority of former section 2351, which is scheduled for transfer

to section 901 of title 20.

In subsection (c)(25), the word ''schedule'' is omitted since

section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat.

847, eliminated the necessity of referring to rates as scheduled or

longevity. The words ''for GS-18'' are substituted for ''of the

highest grade established by this chapter''.

The second sentence of subsection (d) is based on former section

1084(c), which is carried into section 5103.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

5102(c)(26) 5 App.: 1082(36). June 9, 1966, Pub.

L. 89-444, Sec. 4,

80 Stat. 198.

-------------------------------

The amendment to 5 U.S.C. 5102(c)(15) is made to correct a

typographical error.

The amendment to 5 U.S.C. 5102(c)(26) reflects Public Law 89-444,

section 4.

-REFTEXT-

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in subsec. (c)(2),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which

is classified principally to chapter 52 (Sec. 3901 et seq.) of

Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set

out under section 3901 of Title 22 and Tables.

Level V of the Executive Schedule, referred to in subsec.

(c)(25), is set out in section 5316 of this title.

Section 8 of the Contract Disputes Act of 1978, referred to in

subsec. (c)(30), is classified to section 607 of Title 41, Public

Contracts.

-MISC2-

AMENDMENTS

1999 - Subsec. (c)(23). Pub. L. 106-113 amended par. (23)

generally. Prior to amendment, par. (23) read as follows:

''examiners-in-chief and designated examiners-in-chief in the

Patent and Trademark Office, Department of Commerce;''.

1996 - Subsec. (a)(1)(vi), (vii). Pub. L. 104-201, Sec.

3548(a)(2)(A), redesignated cls. (vii) and (viii) as (vi) and

(vii), respectively, and struck out former cl. (vi) which read as

follows: ''the Panama Canal Commission;''.

Subsec. (a)(1)(viii). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),

which directed redesignation of cl. (ix) as (viii) could not be

executed because subsec. (a)(1) did not contain a cl. (ix). See

1983 Amendment note below. Former cl. (viii) redesignated (vii).

Subsec. (a)(1)(ix), (x). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),

redesignated cls. (x) and (xi) as (ix) and (x), respectively.

Subsec. (a)(1)(xi). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii),

redesignated cl. (xi) as (x).

Pub. L. 104-201, Sec. 1122(a)(1), substituted ''National Imagery

and Mapping Agency'' for ''Central Imagery Office''.

Subsec. (c)(12). Pub. L. 104-201, Sec. 3548(a)(2)(B), struck out

par. (12) which read as follows: ''any Executive agency to the

extent of any election under section 1212(b)(2) (relating to the

Panama Canal Employment System) of the Panama Canal Act of 1979;''.

1994 - Subsec. (a)(1)(ix) to (xi). Pub. L. 103-359 directed the

amendment of cl. (ix) by striking ''or'' at end which could not be

executed because par. (1) does not contain a cl. (ix), directed the

substitution of ''; or'' for period at end of cl. (x) which was

executed by inserting ''or'' at end of cl. (x) to reflect the

probable intent of Congress because a semicolon already exists at

end of cl. (x), and added cl. (xi).

Subsec. (c)(3). Pub. L. 103-446 struck out comma after

''Department of Veterans Affairs''.

1993 - Subsec. (c)(10). Pub. L. 103-160, Sec. 923(b), inserted

''(and, in the case of the George C. Marshall European Center for

Security Studies, the Director and the Deputy Director)'' after

''professional military education school''.

Pub. L. 103-160, Sec. 533(c), substituted ''at the Military

Academy, the Naval Academy, and the Air Force Academy whose pay is

fixed under sections 4338, 6952, and 9338, respectively, of title

10'' for ''at the Naval Academy whose pay is fixed under section

6952 of title 10''.

1991 - Subsec. (c)(3). Pub. L. 102-54, Sec. 13(b)(2), substituted

''Veterans Health Administration of the Department of Veterans

Affairs'' for ''Department of Medicine and Surgery, Veterans'

Administration''.

Subsec. (c)(14). Pub. L. 102-54, Sec. 13(b)(1), substituted

''Department of Veterans Affairs'' for ''Veterans'

Administration''.

Pub. L. 102-40, Sec. 403(c)(1)(A), substituted ''section 7802 of

title 38'' for ''section 4202 of title 38''.

Subsec. (c)(16). Pub. L. 102-40, Sec. 403(c)(1)(B), substituted

''sections 7405 and 7406'' for ''section 4114''.

1990 - Subsec. (a)(1). Pub. L. 101-474 redesignated subpars. (C)

to (G) as (B) to (F), respectively, and struck out former subpar.

(B) which included Administrative Office of United States Courts

within definition of ''agency''.

Subsec. (c)(5). Pub. L. 101-509, Sec. 529 (title I, Sec.

109(a)(2)), substituted ''members'' for ''and members'' after

''Protective Service;'' and inserted at end ''and members of the

police forces of the Bureau of Engraving and Printing and the

United States Mint whose pay is fixed under section 5378 of this

title;''.

Subsec. (c)(10). Pub. L. 101-510 struck out ''and'' before ''the

Academic Dean'' and inserted at end ''civilian professors,

instructors, and lecturers in the defense acquisition university

structure (including the Defense Systems Management College) whose

pay is fixed under section 1746(b) of title 10;''.

Subsec. (c)(25). Pub. L. 101-509, Sec. 529 (title I, Sec.

101(b)(9)(F)), substituted ''rate for level V of the Executive

Schedule'' for ''maximum rate for GS-18''.

Subsec. (c)(29), (30). Pub. L. 101-509, Sec. 529 (title I, Sec.

104(d)(1)), added pars. (29) and (30).

1989 - Subsec. (c)(10). Pub. L. 101-189 inserted ''civilian

professors, instructors, and lecturers at a professional military

education school whose pay is fixed under section 1595, 4021, 7478,

or 9021 of title 10;'', struck out ''the Naval War College and''

after ''instructors at'', and substituted ''section 6952'' for

''sections 6952 and 7478''.

1987 - Subsec. (c)(27). Pub. L. 100-135 substituted ''police''

for ''special police force''.

1986 - Subsec. (c)(14). Pub. L. 99-335 inserted ''(other than

employees of the Federal Retirement Thrift Investment System

appointed under section 8474(c)(2) of this title)''.

1985 - Subsec. (c)(28). Pub. L. 99-145 added par. (28).

1984 - Subsec. (a)(1)(viii) to (x). Pub. L. 98-618 struck out

''or'' at end of cl. (viii), inserted ''or'' at end of cl. (ix),

and added cl. (x).

1983 - Subsec. (a)(1)(iii) to (ix). Pub. L. 97-468, eff. Jan. 5,

1985, struck out cl. (iii) which excluded the Alaska Railroad and

redesignated cls. (iv) to (ix) as (iii) to (viii), respectively.

See Effective Date of 1983 Amendment note below.

1980 - Subsec. (a)(1)(ix). Pub. L. 96-191 added cl. (ix).

Subsec. (c)(2). Pub. L. 96-465 substituted ''members of the

Foreign Service whose pay is fixed under the Foreign Service Act of

1980'' for ''employees in the Foreign Service of the United States

whose pay is fixed under chapter 14 of title 22''.

1979 - Subsec. (a)(1)(vii). Pub. L. 96-70, Sec. 3302(e)(1),

substituted ''Commission'' for ''Company''.

Subsec. (c)(12). Pub. L. 96-70, Sec. 3302(e)(6), substituted

provisions relating to any Executive agency to the extent of any

election under section 1212(b)(2) of the Panama Canal Act of 1979

for provisions relating to employees of an agency who are stationed

in the Canal Zone or in the Republic of Panama.

Subsec. (c)(23). Pub. L. 96-54 inserted ''and Trademark'' after

''Patent''.

1978 - Subsec. (c)(5). Pub. L. 95-454, Sec. 801(a)(3)(D),

substituted ''5375'' for ''5365''.

Subsec. (c)(12)(B). Pub. L. 95-454, Sec. 906(a)(2), substituted

''Office of Personnel Management'' for ''Civil Service

Commission''.

1975 - Subsec. (c)(5). Pub. L. 94-183, Sec. 2(12), substituted

''Executive Protective Service'' for ''White House Police''.

Subsec. (c)(9). Pub. L. 94-183, Sec. 2(13), substituted ''305''

for ''40''.

1973 - Subsec. (b). Pub. L. 93-176 extended this chapter to

include positions in local boards and appeal boards within the

Selective Service System and employees occupying those positions.

1970 - Subsec. (c)(1). Pub. L. 91-375 repealed provision

declaring this chapter inapplicable to employees in the postal

field service whose pay is fixed under chapter 45 of title 39.

Subsec. (c)(4). Pub. L. 91-358 expanded reference to include

chief judges, substituted reference to the Superior Court of the

District of Columbia for references to the District of Columbia

Court of General Sessions and the Juvenile Court of the District of

Columbia, and provided that chapter not apply to nonjudicial

employees of the District of Columbia court system whose pay is

fixed under title 11 of the District of Columbia Code.

1969 - Subsec. (c)(5). Pub. L. 91-34 extended provisions to

include members of the National Zoological Park police force whose

pay is fixed under section 5365 of this title.

1968 - Subsec. (c). Pub. L. 90-610 inserted par. (27).

-CHANGE-

CHANGE OF NAME

Reference to Executive Protective Service held to refer to United

States Secret Service Uniformed Division pursuant to Pub. L.

95-179, set out as a note under section 202 of Title 3, The

President.

-MISC4-

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment 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 1990 AMENDMENT

Amendment by section 529 (title I, Sec. 101(b)(9)(F), 104(d)(1))

of 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, Sec. 305) of

Pub. L. 101-509, set out as a note under section 5301 of this

title.

Amendment by section 529 (title I, Sec. 109(a)(2)) of Pub. L.

101-509 effective on first day of first applicable pay period

beginning on or after the 30th day following Nov. 5, 1990, see

section 529 (title I, Sec. 109(c)) of Pub. L. 101-509, set out as

an Effective Date note under section 5378 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-135 applicable with respect to pay

periods beginning after Sept. 30, 1987, except that any pay

increase for employees of Library of Congress, pursuant to such

amendment, to be subject to appropriation and to be implemented in

four approximately equal annual increments, so that pay parity with

Capitol Police occurs beginning with first pay period beginning

after Sept. 30, 1990, see section 3 of Pub. L. 100-135, set out as

a note under section 167 of Title 2, The Congress.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section

702(a) of Pub. L. 99-335, set out as an Effective Date note under

section 8401 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment 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 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section

10(a) of Pub. L. 96-191.

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment 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.

Amendment 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 AMENDMENT

Amendment by section 801(a)(3)(D) of 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.

Amendment by section 906(2)(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.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-176 effective not later than beginning of

first pay period which begins on or after 90th day following Dec.

5, 1973, see section 4 of Pub. L. 93-176, set out as a note under

section 460 of the Appendix to Title 50, War and National Defense.

EFFECTIVE DATE OF 1970 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 91-358 effective first day of seventh

calendar month which begins after July 29, 1970, see section 199(a)

of Pub. L. 91-358, set out as a note under section 1257 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1969 AMENDMENT

Amendment by Pub. L. 91-34 effective at beginning of first pay

period which commences on or after June 30, 1969, see section 3(a)

of Pub. L. 91-34, set out as an Effective Date note under section

5375 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-610 effective on first day of first pay

period which begins on or after Oct. 21, 1968, see section 3 of

Pub. L. 90-610, set out as a note under section 167 of Title 2, The

Congress.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 9(h) of Pub. L. 90-83 provided that: ''Section 1(3)

(amending section 1305 of this title), (10) (amending section 3324

of this title), (11) (amending this section), (12) (amending

section 5108 of this title), (22) (enacting section 5534a of this

title), (23) (amending the analysis for chapter 55 of this title),

(83)(a) and (d) (amending section 8344 of this title), (89)

(amending section 8521 of this title), (98) (amending section 902

of this title), (99) (amending section 903 of this title), and

(100) (amending section 8113 of this title) of this Act is

effective as of September 6, 1966, for all purposes.''

REPEALS

General repealer of provisions inconsistent with Pub. L. 92-392

as not repealing or affecting subsec. (d) of this section, see

section 13 of Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 575, set out

as a note under section 5341 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF ATOMIC ENERGY COMMISSION

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

DISSOLUTION OF VIRGIN ISLANDS CORPORATION

Virgin Islands Corporation established to have succession until

June 30, 1969, unless sooner dissolved by Act of Congress, by act

June 30, 1949, ch. 285, 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, Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.

-MISC5-

CIVILIAN MEMBERS OF FACULTY OF AIR FORCE INSTITUTE OF TECHNOLOGY ON

NOVEMBER 8, 1985

Section 504(c) of Pub. L. 99-145 provided that: ''Section

9314(b)(2) of title 10, United States Code (as added by subsection

(a)(1)(B)), and section 5102(c)(28) of title 5, United States Code

(as added by subsection (b)), shall not apply to any person who on

the date of the enactment of this Act (Nov. 8, 1985) -

''(1) is a civilian member of the faculty of the United States

Air Force Institute of Technology;

''(2) is paid a rate of basic pay under the General Schedule;

and

''(3) elects, under procedures prescribed by the Secretary of

the Air Force, to continue to be paid under the General

Schedule.''

PROHIBITION OF DECREASE IN BASIC PAY RATE OF SUBSEC. (C)(7), (8),

OR (14) EMPLOYEES

Amendments by Pub. L. 92-392 not to decrease basic pay rate of

subsec. (c)(7), (8), or (14) employees in service before effective

date of the amendments as to such employees, see section 9(a)(2) of

Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 574, set out as a note

under section 5343 of this title.

REDUCTION OF BASIC PAY RATE

Rate of basic pay not to be reduced by reason of the enactment of

Pub. L. 91-34, which amended this section, see section 3(b) of Pub.

L. 91-34, set out as a note under section 5365 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3327, 5101, 5103, 5331,

5342, 5348, 5349, 5361, 5377, 5391, 5753, 5754, 5755, 7511 of this

title; title 20 section 903; title 29 section 218.

-CITE-

5 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 51 - CLASSIFICATION

-HEAD-

Sec. 5103. Determination of applicability

-STATUTE-

The Office of Personnel Management shall determine finally the

applicability of section 5102 of this title to specific positions

and employees, except for positions and employees in the Office of

the Architect of the Capitol.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 95-454, title

IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 1083. Oct. 28, 1949, ch.

782, Sec. 203, 63

Stat. 956.

5 U.S.C. 1084(c). Oct. 28, 1949, ch.

782, Sec. 204(c),

63 Stat. 957. Sept.

1, 1954, ch. 1208,

Sec. 105(b), 68

Stat. 1106.

-------------------------------

Former sections 1083 and 1084(c) are combined and restated for

clarity. The words ''hereinafter referred to as