US (United States) Code. Title 5. Chapter 53: Pay rates and systems

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-CITE-

5 USC CHAPTER 53 - PAY RATES AND SYSTEMS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

.

-HEAD-

CHAPTER 53 - PAY RATES AND SYSTEMS

-MISC1-

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

Sec.

5301. Policy.

5302. Definitions.

5303. Annual adjustments to pay schedules.

5304. Locality-based comparability payments.

5304a. Authority to fix an alternative level of comparability

payments.

5305. Special pay authority.

5306. Pay fixed by administrative action.

5307. Limitation on certain payments.

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

5311. The Executive Schedule.

5312. Positions at level I.

5313. Positions at level II.

5314. Positions at level III.

5315. Positions at level IV.

5316. Positions at level V.

5317. Presidential authority to place positions at levels IV and V.

5318. Adjustments in rates of pay.

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

5331. Definitions; application.

5332. The General Schedule.

5333. Minimum rate for new appointments.

5334. Rate on change of position or type of appointment;

regulations.

5335. Periodic step-increases.

5336. Additional step-increases.

(5337. Repealed.)

5338. Regulations.

SUBCHAPTER IV - PREVAILING RATE SYSTEMS

5341. Policy.

5342. Definitions; application.

5343. Prevailing rate determinations; wage schedules; night

differentials.

5344. Effective date of wage increase; retroactive pay.

(5345. Repealed.)

5346. Job grading system.

5347. Federal Prevailing Rate Advisory Committee.

5348. Crews of vessels.

5349. Prevailing rate employees; legislative, judicial, Bureau of

Engraving and Printing, and government of the District of

Columbia.

SUBCHAPTER V - STUDENT-EMPLOYEES

5351. Definitions.

5352. Stipends.

5353. Quarters, subsistence, and laundry.

5354. Effect of detail or affiliation; travel expenses.

5355. Effect on other statutes.

5356. Appropriations.

SUBCHAPTER VI - GRADE AND PAY RETENTION

5361. Definitions.

5362. Grade retention following a change of positions or

reclassification.

5363. Pay retention.

5364. Remedial actions.

5365. Regulations.

5366. Appeals.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

5371. Health care positions.

5372. Administrative law judges.

5372a. Contract appeals board members.

5372b. Administrative appeals judges.

5373. Limitation on pay fixed by administrative action.

5374. Miscellaneous positions in the executive branch.

5375. Police force of the National Zoological Park.

5376. Pay for certain senior-level positions.

5377. Pay authority for critical positions.

5378. Police forces of the Bureau of Engraving and Printing and the

United States Mint.

5379. Student loan repayments.

(5380. Repealed.)

SUBCHAPTER VIII - PAY FOR THE SENIOR EXECUTIVE SERVICE

5381. Definitions.

5382. Establishment and adjustment of rates of pay for the Senior

Executive Service.

5383. Setting individual senior executive pay.

5384. Performance awards in the Senior Executive Service.

5385. Regulations.

SUBCHAPTER IX - SPECIAL OCCUPATIONAL PAY SYSTEMS

5391. Definitions.

5392. Establishment of special occupational pay systems.

AMENDMENTS

2000 - Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 645(a)(3)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-170, added item 5372b.

1992 - Pub. L. 102-378, Sec. 8(a), Oct. 2, 1992, 106 Stat. 1359,

repealed Pub. L. 100-510, Sec. 1206(i)(2). See 1990 Amendment note

below.

Pub. L. 102-378, Sec. 2(24), Oct. 2, 1992, 106 Stat. 1348,

substituted ''repayments'' for ''repayment'' in item 5379 and

struck out ''Sec.'' before item 5391.

1990 - Pub. L. 101-510, div. A, title XII, Sec. 1206(i)(2), Nov.

5, 1990, 104 Stat. 1663, which added item 5380 ''Pay authority for

critical positions'', was repealed by Pub. L. 102-378, Sec. 8(a),

Oct. 2, 1992, 106 Stat. 1359, which provided that this title shall

read as if such section 1206(i)(2) had not been enacted.

Pub. L. 101-510, div. A, title XII, Sec. 1206(b)(2), Nov. 5,

1990, 104 Stat. 1661, added item 5379.

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(a)(2),

102(a)(2), 103(b), 104(b), 105(a)(2), 109(a)(1)(B), title II, Sec.

205(b), 211(b)(2)), Nov. 5, 1990, 104 Stat. 1427, 1439, 1443, 1445,

1446, 1448, 1451, 1457, 1461, struck out items 5301 ''Policy'',

5303 ''Higher minimum rates; Presidential authority'', 5304

''Presidential policies and regulations'', 5305 ''Annual pay

reports and adjustments'', 5306 ''Advisory Committee on Federal

Pay'', 5307 ''Pay fixed by administrative action'', and 5308 ''Pay

limitation'', and added items 5301 to 5307, struck out ''; higher

rates for supervisors of prevailing rate employees'' after

''appointments'' in item 5333, substituted ''Health care

positions'' for ''Scientific and professional positions'' in item

5371, and added items 5372a, 5376 to 5378, item for subchapter IX,

and items 5391 and 5392.

Pub. L. 101-263, Sec. 1(b), Apr. 4, 1990, 104 Stat. 125, inserted

''the'' before ''National'' in item 5375.

1979 - Pub. L. 96-54, Sec. 2(a)(26)(B), Aug. 14, 1979, 93 Stat.

382, substituted ''prevailing rate'' for ''wage-board'' in item

5333.

1978 - Pub. L. 95-454, title IV, Sec. 407(b), title VIII, Sec.

801(a)(3)(B)(i), (ii), Oct. 13, 1978, 92 Stat. 1172, 1221, struck

out items 5337 ''Pay saving'' and 5345 ''Retained rate of pay on

reduction in grade or reassignment'', added item for subchapter VI

and items 5361 to 5366, redesignated former item for subchapter VI

and items 5361 to 5365 as subchapter VII and items 5371 to 5375,

respectively, and added item for subchapter VIII and items 5381 to

5385.

Pub. L. 95-251, Sec. 2(c)(4), Mar. 27, 1978, 92 Stat. 184,

substituted ''Administrative law judges'' for ''Hearing examiners''

in item 5362.

1975 - Pub. L. 94-82, title II, Sec. 202(b)(6), Aug. 9, 1975, 89

Stat. 420, added item 5318.

1972 - Pub. L. 92-392, Sec. 1(b), Aug. 19, 1972, 86 Stat. 572,

substituted items 5341, 5343, 5344, and 5345 relating to

''Policy'', ''Prevailing rate determinations; wage schedules; night

differentials'', ''Effective date of wage increase; retroactive

pay'' and ''Retained rate of pay on reduction in grade or

reassignment'', for such former items relating to ''Trades and

crafts'', ''Effective date of pay increase'', ''Retroactive pay''

and ''Position classification appeals'', added items 5342, 5346,

5347, and 5349, and renumbered former item 5342 as 5348.

1971 - Pub. L. 91-656, Sec. 2(b)(2), 3(b), Jan. 8, 1971, 84 Stat.

1946, 1951, struck out item 5302 ''Annual reports on pay

comparability'' and added items 5305-5308.

1969 - Pub. L. 91-34, Sec. 1(b), June 30, 1969, 83 Stat. 41,

added item 5365.

1967 - Pub. L. 90-206, title II, Sec. 223(b), Dec. 16, 1967, 81

Stat. 642, added item 5345.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3372, 5363, 9503 of this

title; title 6 section 411; title 10 section 9314; title 15 section

770; title 20 sections 1018, 3502; title 22 sections 2124c, 2385,

3963, 4606; title 35 section 3; title 38 sections 7404, 7451; title

42 sections 5872, 7292.

-CITE-

5 USC SUBCHAPTER I - PAY COMPARABILITY SYSTEM 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

.

-HEAD-

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 8340 of this title;

title 2 section 1848; title 22 sections 3963, 4606; title 31

section 325; title 42 section 7211; title 50 section 2131.

-CITE-

5 USC Sec. 5301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5301. Policy

-STATUTE-

It is the policy of Congress that Federal pay fixing for

employees under the General Schedule be based on the principles

that -

(1) there be equal pay for substantially equal work within each

local pay area;

(2) within each local pay area, pay distinctions be maintained

in keeping with work and performance distinctions;

(3) Federal pay rates be comparable with non-Federal pay rates

for the same levels of work within the same local pay area; and

(4) any existing pay disparities between Federal and

non-Federal employees should be completely eliminated.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 91-656, Sec.

2(a), Jan. 8, 1971, 84 Stat. 1946; Pub. L. 96-465, title II, Sec.

2314(c)(1), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101-509, title V,

Sec. 529 (title I, Sec. 101(a)(1)), Nov. 5, 1990, 104 Stat. 1427,

1429.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 1171. Oct. 11, 1962, Pub.

L. 87-793, Sec.

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.

AMENDMENTS

1990 - 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).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 529 (title III, Sec. 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, Sec. 1-306) of Pub. L. 101-509, but does not include

section 529 (title IV, Sec. 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.''

EFFECTIVE DATE OF 1980 AMENDMENT

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.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title IX, Sec. 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'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-89, Sec. 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'.''

SHORT TITLE OF 1990 AMENDMENT; RULES OF CONSTRUCTION

Section 529 (Sec. 1) of Pub. L. 101-509 provided that:

''(a) Short Title. - This section, and the sections immediately

following this section through section 412, inclusive (section 529

(Sec. 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.''

Section 529 (title III, Sec. 306) of Pub. L. 101-509 provided

that: ''Notwithstanding section 1(b) (section 529 (Sec. 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, Sec.

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, Sec. 301) of Pub. L. 101-509, set out

below) shall not be considered to include any provision of title IV

(section 529 (title IV, Sec. 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).''

SHORT TITLE

Section 1 of Pub. L. 91-656 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'.''

PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE

Section 529 (title I, Sec. 111) of Pub. L. 101-509 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 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.''

BUDGET ACT COMPLIANCE

Section 529 (title III, Sec. 301) of Pub. L. 101-509 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.''

PAY RATES FOR CURRENT EMPLOYEES

Section 529 (title III, Sec. 303) of Pub. L. 101-509 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.''

-EXEC-

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,

Sec. 8, Dec. 7, 1998, 63 F.R. 68152, 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. Special Pay Authority. (a) The Office of Personnel

Management is hereby authorized and designated, pursuant to section

5305(a) of title 5, United States Code, as amended by section 101

of FEPCA, to exercise the authorities of the President under

section 5305 of title 5, United States Code, concerning higher

rates of pay.

(b) Before exercising the delegated authorities under subsection

(a) regarding employees in positions other than those covered by

the General Schedule, the Office of Personnel Management shall

consult with the head of the agency employing such employees.

Sec. 4. Previous Order Revoked. Executive Order No. 11721, as

amended, is revoked.

Sec. 5. 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. 6. Extension of Cash Awards, Recruitment and Relocation

Bonuses, and Retention Allowances. The Office of Personnel

Management is hereby designated and empowered to exercise the

authority of the President under:

(a) section 4505a(d) of title 5, United States Code, as added by

section 207(a) of FEPCA, concerning the application of

performance-based cash awards to noncovered categories of

employees;

(b) section 5753(e) of title 5, United States Code, as added by

section 208 of FEPCA, concerning the application of recruitment and

relocation bonuses to noncovered categories of employees; and

(c) section 5754(e) of title 5, United States Code, as added by

section 208 of FEPCA, concerning the application of retention

allowances to noncovered categories of employees.

Sec. 7. 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. 8. Executive Assignment System. (a) Civil Service Rule 9 (5

CFR Part 9), as established by Executive Order No. 11315, as

amended (5 U.S.C. 3301 note), 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. 9. 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.)

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Federal Pay Comparability Act of 1970 is referred to in title

19 sections 2075, 2171.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 732; title 42

section 12651f.

-CITE-

5 USC Sec. 5302 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5302. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) the term ''statutory pay system'' means a pay system under

-

(A) subchapter III, relating to the General Schedule;

(B) section 403 of the Foreign Service Act of 1980, relating

to the Foreign Service of the United States; or

(C) chapter 74 of title 38, relating to the Veterans Health

Administration (other than a position subject to section 7451

of title 38);

(2) the term ''ECI'' means the Employment Cost Index (wages and

salaries, private industry workers) published quarterly by the

Bureau of Labor Statistics;

(3) the ''base quarter'' for any year is the 3-month period

ending on September 30 of such year;

(4) the term ''pay agent'' means the agent designated by the

President under section 5304(d)(1);

(5) the term ''locality'' or ''pay locality'' means any

locality, as established or modified under section 5304;

(6) the term ''pay disparity'', as used with respect to a

locality, means the extent to which rates of pay payable under

the General Schedule are generally lower than the rates paid for

the same levels of work by non-Federal workers in the same

locality; except as otherwise required in this subchapter, a pay

disparity shall be expressed as a single percentage which, if

uniformly applied to employees within the locality who are

receiving rates of pay under the General Schedule, would cause

the rates payable to such employees to become substantially equal

(when considered in the aggregate) to the rates paid to

non-Federal workers for the same levels of work in the same

locality;

(7) the term ''comparability payment'' means a payment payable

under section 5304;

(8) the term ''rates of pay under the General Schedule'',

''rates of pay for the General Schedule'', or ''scheduled rates

of basic pay'' means -

(A) the rates of basic pay set forth in the General Schedule;

and

(B) in the case of an employee receiving a retained rate of

basic pay under section 5363, the rate of basic pay payable

under such section; and

(9) the term ''General Schedule position'' means any position

to which subchapter III applies.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L.

102-378, Sec. 2(25), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103-89,

Sec. 3(b)(1)(E), Sept. 30, 1993, 107 Stat. 981.)

-REFTEXT-

REFERENCES IN TEXT

Section 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.

-MISC2-

PRIOR PROVISIONS

A 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, Sec. 2(b)(1), Jan. 8, 1971, 84 Stat.

1946.

AMENDMENTS

1993 - Par. (8). Pub. L. 103-89, Sec. 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, Sec. 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, Sec. 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, Sec. 2(25)(B), added subpar. (C).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment 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 1992 AMENDMENT

Amendment 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.

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.

101-509, set out as an Effective Date of 1990 Amendment note under

section 5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5304 of this title; title

2 section 906; title 18 section 207.

-CITE-

5 USC Sec. 5303 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5303. Annual adjustments to pay schedules

-STATUTE-

(a) Effective as of the first day of the first applicable pay

period beginning on or after January 1 of each calendar year, the

rates of basic pay for each statutory pay system shall be increased

by the percentage (rounded to the nearest one-tenth of 1 percent)

equal to one-half of 1 percentage point less than the percentage by

which the ECI for the base quarter of the year before the preceding

calendar year exceeds the ECI for the base quarter of the second

year before the preceding calendar year (if at all).

(b)(1) If, because of national emergency or serious economic

conditions affecting the general welfare, the President should

consider the pay adjustment which would otherwise be required by

subsection (a) in any year to be inappropriate, the President shall

-

(A) prepare and transmit to Congress before September 1 of the

preceding calendar year a plan for such alternative pay

adjustments as he considers appropriate, together with the

reasons therefor; and

(B) adjust the rates of pay of each statutory pay system, in

accordance with such plan, effective on the same day as the

increase under subsection (a) would otherwise take effect.

(2) In evaluating an economic condition affecting the general

welfare under this subsection, the President shall consider

pertinent economic measures including, but not limited to, the

Indexes of Leading Economic Indicators, the Gross National Product,

the unemployment rate, the budget deficit, the Consumer Price

Index, the Producer Price Index, the Employment Cost Index, and the

Implicit Price Deflator for Personal Consumption Expenditures.

(3) The President shall include in the report to Congress under

paragraph (1)(A) his assessment of the impact that the alternative

pay adjustments under this subsection will have on the Government's

ability to recruit and retain well-qualified employees.

(c) The rates of basic pay that take effect under this section -

(1) shall modify, supersede, or render inapplicable, as the

case may be, to the extent inconsistent therewith, any prior

rates of basic pay under the statutory pay system involved (as

last adjusted under this section or prior provisions of law); and

(2) shall be printed in the Federal Register and the Code of

Federal Regulations.

(d) An increase in rates of basic pay that takes effect under

this section is not an equivalent increase in pay within the

meaning of section 5335.

(e) This section does not impair any authority pursuant to which

rates of basic pay may be fixed by administrative action.

(f) Pay may not be paid, by reason of any provision of this

section (disregarding any comparability payment payable), at a rate

in excess of the rate of basic pay payable for level V of the

Executive Schedule.

(g) Any rate of pay under this section shall be initially

adjusted, effective on the effective date of the rate of pay, under

conversion rules prescribed by the President or by such agency or

agencies as the President may designate.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 90-206, title

II, Sec. 207, Dec. 16, 1967, 81 Stat. 631; Pub. L. 91-375, Sec.

6(c)(10), Aug. 12, 1970, 84 Stat. 776; Pub. L. 94-183, Sec. 2(16),

Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec.

906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-465, title II,

Sec. 2314(c)(2), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 101(a)(1)), Nov. 5, 1990, 104

Stat. 1427, 1430.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 1173. Oct. 11, 1962, Pub.

L. 87-793, Sec.

504, 76 Stat. 842.

Aug. 14, 1964, Pub.

L. 88-426, Sec.

123, 78 Stat. 412.

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

In subsection (a), the words ''the provisions of this title

governing appointment in the competitive service'' are substituted

for ''the civil service laws and regulations''.

In subsections (a), (b), and (d), the word ''agency'' is

substituted for ''agency or agencies'' because the singular imports

the plural, see 1 U.S.C. 1.

In subsection (d), the word ''officer'' is omitted as included in

''employee'', ''agency'' is substituted for ''department'', and

''rules'' is omitted as included in ''regulations''.

Standard changes are made to conform with the definitions

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

to the report.

-REFTEXT-

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec. (f), is

set out in section 5316 of this title.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-509 amended section generally, substituting

provisions relating to annual adjustments to pay schedules for

provisions relating to President's authority to set higher minimum

rates of basic pay.

1980 - Subsec. (a)(4). Pub. L. 96-465 substituted ''section 403

of the Foreign Service Act of 1980'' for ''sections 867 and 870 of

title 22''.

1978 - Subsec. (a). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1975 - Subsec. (c). Pub. L. 94-183 struck out ''and section 3552

of title 39'' after ''of section 5335(a) of this title''.

1970 - Subsec. (a)(2). Pub. L. 91-375 repealed cl. (2) making

positions paid under provisions of part III of title 39 relating to

employees in the postal field service subject to higher minimum

rates established by the President.

1967 - Subsec. (a). Pub. L. 90-206, Sec. 207(a), substituted

''maximum pay rate'' for ''seventh pay rate''.

Subsec. (d). Pub. L. 90-206, Sec. 207(b), inserted provisions

that permitted an initial adjustment to be made to statutory

increases which become effective prior to, on, or after the date of

enactment of the statute.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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 1970 AMENDMENT

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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective Dec. 16, 1967, see section

220(a)(1) of Pub. L. 90-206, set out as an Effective Date note

under section 3110 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For designation of agencies to perform functions of President

under subsec. (g) of this section, see Ex. Ord. No. 12748, Sec. 1,

Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note

under section 5301 of this title.

-MISC5-

PAY RAISES FOR PROGRAMS FUNDED BY ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACTS TO BE ABSORBED WITHIN SUCH ACTS

Pub. L. 102-377, title V, Sec. 506, Oct. 2, 1992, 106 Stat. 1343,

provided that: ''Such sums as may be necessary for Federal employee

pay raises for programs funded by this Act or subsequent Energy and

Water Development Appropriations Acts hereafter shall be absorbed

within the levels appropriated in such Acts.''

SENSE OF CONGRESS

Section 529 (title I, Sec. 101(e)) of Pub. L. 101-509 provided

that: ''It is the sense of the Congress that the total funds

dedicated to adjustments under sections 5303 and 5304 (of this

title) for any year be no less than the total funds that would have

been dedicated to adjustments under such section 5303 for such year

had the full change in the ECI been applied to pay rates for such

year.''

FEDERAL EMPLOYEE PAY ADJUSTMENTS

2001 - Pub. L. 107-67, title VI, Sec. 646, Nov. 12, 2001, 115

Stat. 556, provided that:

''(a) The adjustment in rates of basic pay for the statutory pay

systems that takes effect in fiscal year 2002 under sections 5303

and 5304 of title 5, United States Code, shall be an increase of

4.6 percent.

''(b) Funds used to carry out this section shall be paid from

appropriations which are made to each applicable department or

agency for salaries and expenses for fiscal year 2002.''

2000 - Pub. L. 106-554, Sec. 1(a)(4) (div. B, title I, Sec. 140),

Dec. 21, 2000, 114 Stat. 2763, 2763A-235, provided that:

''(a) The adjustment in rates of basic pay for the statutory pay

systems that takes effect in fiscal year 2001 under sections 5303

and 5304 of title 5, United States Code, shall be an increase of

3.7 percent.

''(b) Funds used to carry out this section shall be paid from

appropriations which are made to each applicable department or

agency for salaries and expenses for fiscal year 2001.''

1999 - Pub. L. 106-58, title VI, Sec. 646, Sept. 29, 1999, 113

Stat. 478, provided that:

''(a) The adjustment in rates of basic pay for the statutory pay

systems that takes effect in fiscal year 2000 under sections 5303

and 5304 of title 5, United States Code, shall be an increase of

4.8 percent.

''(b) Funds used to carry out this section shall be paid from

appropriations which are made to each applicable department or

agency for salaries and expenses for fiscal year 2000.''

1998 - Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.

621), Oct. 21, 1998, 112 Stat. 2681-480, 2681-518, provided that:

''For purposes of each provision of law amended by section

704(a)(2) of the Ethics Reform Act of 1989 (Pub. L. 101-194) (5

U.S.C. 5318 note), no adjustment under section 5303 of title 5,

United States Code, shall be considered to have taken effect in

fiscal year 1999 in the rates of basic pay for the statutory pay

systems.''

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 647), Oct.

21, 1998, 112 Stat. 2681-480, 2681-527, provided that:

''(a) The adjustment in rates of basic pay for the statutory pay

systems that takes effect in fiscal year 1999 under sections 5303

and 5304 of title 5, United States Code, shall be an increase of

3.6 percent.

''(b) Funds used to carry out this section shall be paid from

appropriations which are made to each applicable department or

agency for salaries and expenses for fiscal year 1999.''

1996 - Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI,

Sec. 637), Sept. 30, 1996, 110 Stat. 3009-314, 3009-364, provided

that: ''For purposes of each provision of law amended by section

704(a)(2) of the Ethics Reform Act of 1989 (Pub. L. 101-194) (5

U.S.C. 5318 note), no adjustment under section 5303 of title 5,

United States Code, shall be considered to have taken effect in

fiscal year 1997 in the rates of basic pay for the statutory pay

systems.''

1995 - Pub. L. 104-52, title VI, Sec. 633, Nov. 19, 1995, 109

Stat. 507, provided that: ''For purposes of each provision of law

amended by section 704(a)(2) of the Ethics Reform Act of 1989 (Pub.

L. 101-194) (5 U.S.C. 5318 note), no adjustment under section 5303

of title 5, United States Code, shall be considered to have taken

effect in fiscal year 1996 in the rates of basic pay for the

statutory pay systems.''

1994 - Pub. L. 103-329, title VI, Sec. 630(a), Sept. 30, 1994,

108 Stat. 2424, provided that:

''(1) The adjustment in rates of basic pay for the statutory pay

systems that takes effect in fiscal year 1995 under section 5303 of

title 5, United States Code, shall be an increase of 2 percent.

''(2) For purposes of each provision of law amended by section

704(a)(2) of the Ethics Reform Act of 1989 (Pub. L. 101-194) (5

U.S.C. 5318 note), no adjustment under section 5303 of title 5,

United States Code, shall be considered to have taken effect in

fiscal year 1995 in the rates of basic pay for the statutory pay

systems.

''(3) For purposes of this subsection, the term 'statutory pay

system' shall have the meaning given such term by section 5302(1)

of title 5, United States Code.''

1993 - Pub. L. 103-123, title V, Sec. 517B, Oct. 28, 1993, 107

Stat. 1253, provided that:

''(a) Any adjustment required by section 5303 of title 5, United

States Code, to become effective in fiscal year 1994 in the rates

of basic pay for the statutory pay systems shall not be made.

''(b) For the purpose of this section, the term 'statutory pay

system' has the meaning given such term by section 5302(1) of title

5, United States Code.''

1990 - Pub. L. 101-509, title VI, Sec. 618, Nov. 5, 1990, 104

Stat. 1475, provided that:

''(a) Notwithstanding any other provision of law, in the case of

fiscal year 1991, the overall average percentage of the adjustment

under section 5305 of title 5, United States Code, in the rates of

pay under the General Schedule, and in the rates of pay under the

other statutory pay systems (as defined by section 5301(c) of such

title), shall be an increase of 4.1 percent.

''(b) Any increase in a pay rate or schedule which takes effect

under such section 5305 in fiscal year 1991 (in accordance with

subsection (a)) shall, to the maximum extent practicable, be of the

same percentage, and shall take effect as of the first day of the

first applicable pay period commencing on or after January 1,

1991.''

Pub. L. 101-509, title VI, Sec. 633, Nov. 5, 1990, 104 Stat. 633,

provided that:

''(a) In General. - 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 adjustment scheduled to take effect

under section 5303 of title 5, United States Code (as amended by

section 101 (section 529 (title I, Sec. 101) of Pub. L. 101-509))

during the period beginning on October 1, 1991, and ending on

September 30, 1994, the provisions of section 5303 of such title

(as so amended) shall be applied in accordance with the following:

''(1) For purposes of the adjustment taking effect in each of

fiscal years 1992 and 1993, respectively, deem subsection (a) to

be amended by striking 'one-half of 1 percentage point less

than'.

''(2) Deem subsection (b) to be amended as follows:

''(A) In paragraph (1), strike 'if' and all that follows

thereafter through 'welfare,' and insert 'Subject to paragraph

(2), if'.

''(B) Redesignate paragraphs (2) and (3) as paragraphs (3)

and (4), respectively.

''(C) Insert after paragraph (1) the following:

'' '(2) Authority to provide alternative pay adjustments under

this subsection in any year may not be exercised except in

accordance with the following:

'' '(A) If the adjustment which (but for this subsection)

would otherwise take effect under this section in a fiscal year

would be 5 percent or less, no reduction may be made unless

necessary because a state of war or severe economic conditions

exist.

'' '(B) If the adjustment which (but for this subsection)

would otherwise take effect under this section in a fiscal year

would be greater than 5 percent, no reduction may be made -

'' '(i) to a level of 5 percent or greater, unless

necessary because of national emergency or serious economic

conditions affecting the general welfare; or

'' '(ii) to a level of less than 5 percent, unless

necessary because of either of the reasons set forth in

subparagraph (A).'

''(D) Add after paragraph (4) (as so redesignated by

subparagraph (B) the following:

'' '(5) For the purpose of this subsection, ''severe economic

conditions'' shall be considered to exist relative to an

adjustment scheduled to take effect on a given date if, during

the 12-month period ending 2 calendar quarters before such date,

there occurred 2 consecutive quarters of negative growth in the

GNP.'

''(b) References. - 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 made

by such Act), effective for purposes of any pay adjustment

scheduled to take effect during the period described in subsection

(a), any reference in a provision of law to section 5303 of title

5, United States Code, as amended by section 101 (section 529

(title I, Sec. 101) of Pub. L. 101-509) (or to the effective date

of a pay adjustment, the size of an adjustment, a rate payable

after an adjustment, or other related matter under such section

5303) shall be considered a reference to such section as applied in

accordance with this section (or to the corresponding matter, as

determined under such section 5303, as applied in accordance with

this section).''

1989 - Pub. L. 101-194, title VII, Sec. 702, Nov. 30, 1989, 103

Stat. 1767, provided that:

''(a) Restoration. -

''(1) In general. - Effective for pay periods beginning on or

after the date of enactment of this Act (Nov. 30, 1989), the rate

of basic pay for any office or position in the executive,

legislative, or judicial branch of the Government or in the

government of the District of Columbia shall be determined as if

the provisions of law cited in paragraph (2) had never been

enacted.

''(2) Citations. - The provisions of law referred to in

paragraph (1) are as follows:

''(A) Section 620(b) of the Treasury, Postal Service and

General Government Appropriations Act, 1989 (2 U.S.C. 5305

note) (Pub. L. 100-440, set out below).

''(B) Section 619(b) of the Treasury, Postal Service and

General Government Appropriations Act, 1990 (Public Law

101-136) (set out below).

''(b) Exceptions. - Notwithstanding any other provision of this

section, the rate of basic pay for a Senator, the President pro

tempore of the Senate, and the majority leader and the minority

leader of the Senate shall be determined as if subsection (a) had

not been enacted.

''(c) Specific Authority. - For purposes of section 140 of Public

Law 97-92 (28 U.S.C. 461 note), appropriate salary increases are

hereby authorized for Federal judges and Justices of the Supreme

Court pursuant to subsection (a).

''(d) Special Rule. - Notwithstanding any other provision of this

section, no adjustment in any rate of pay shall become effective,

as a result of the enactment of this section, before the first

applicable pay period beginning on or after the date as of which

the order issued by the President on October 16, 1989, pursuant to

section 252 of the Balanced Budget and Emergency Deficit Control

Act of 1985 (2 U.S.C. 901) is rescinded.''

Pub. L. 101-194, title XI, Sec. 1101(a), Nov. 30, 1989, 103 Stat.

1781, provided that:

''(1) Adjustments in Rates of Pay. - Notwithstanding any other

provision of law (including any provision of this Act or amendment

made by this Act), effective as provided in paragraph (2), the rate

of pay of each office and position of United States Senator, the

President pro tempore of the Senate, and the majority and minority

leaders of the Senate shall be increased by -

''(A) the percentage increase that would have taken effect in

fiscal year 1988 if the provisions of section 601(a)(2) of the

Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were

applied to the rate of pay of each such office and position in

effect on January 1, 1988 without regard to section 108 of the

resolution entitled 'Joint resolution making further continuing

appropriations for the fiscal year 1988, and for other purposes',

approved December 22, 1987 (Pub. L. 100-202); (101 Stat.

1329-434; 5 U.S.C. 5305 note (set out below));

''(B) the percentage increase that would have taken effect in

fiscal year 1989 if the provisions of section 601(a)(2) of the

Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were

applied to the rate of pay of each such office and position in

effect on January 1, 1989 (as adjusted under subparagraph (A) of

this paragraph) without regard to subsection (b) of section 620

of the Treasury, Postal Service and General Government

Appropriations Act, 1989 (Public Law 100-440; 102 Stat. 1756; 5

U.S.C. 5305 note (set out below)); and

''(C) the percentage increase that would take effect in fiscal

year 1990 by the application of section 601(a)(2) of the

Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) (as

adjusted under subparagraphs (A) and (B) of this paragraph)

without regard to subsection (b) of section 619 of the Treasury,

Postal Service and General Government Appropriations Act, 1990

(Public Law 101-136) (set out below).

''(2) The increase in the rates of pay for each office and

position described under paragraph (1) shall be effective on the

first day of the first pay period beginning on or after January 1,

1990.''

Pub. L. 101-136, title VI, Sec. 619, Nov. 3, 1989, 103 Stat. 820,

provided that:

''(a)(1) Notwithstanding any other provision of law, in the case

of fiscal year 1990, the overall average percentage of the

adjustment under section 5305 of title 5, United States Code, in

the rates of pay under the General Schedule, and in the rates of

pay under the other statutory pay systems (as defined by section

5301(c) of such title), shall be an increase of 3.6 percent.

''(2) Each increase in a pay rate or schedule which takes effect

pursuant to paragraph (1) shall, to the maximum extent practicable,

be of the same percentage, and shall take effect as of the first

day of the first applicable pay period commencing on or after

January 1, 1990.

''(b)(1) Notwithstanding any other provision of this Act or any

other law, no adjustment in rates of pay under section 5305 of

title 5, United States Code, which becomes effective on or after

October 1, 1989, and before October 1, 1990, shall have the effect

of increasing the rate of salary or basic pay for any office or

position in the legislative, executive, or judicial branch or in

the government of the District of Columbia -

''(A) if the rate of salary or basic pay payable for that

office or position as of September 30, 1989, was equal to or

greater than the rate of basic pay described in paragraph (3); or

''(B) to a rate exceeding the rate of basic pay described in

paragraph (3) if, as of September 30, 1989, the rate of salary or

basic pay payable for that office or position was less than the

rate described in such paragraph.

''(2) For purposes of paragraph (1), the rate of salary or basic

pay payable as of September 30, 1989, for any office or position

which was not in existence on such date shall be deemed to be the

rate of salary or basic pay payable to individuals in comparable

offices or positions on such date, as determined under regulations

prescribed -

''(A) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(B) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(C) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.

''(3) The rate of basic pay described in this paragraph is the

rate equal to the rate of basic pay payable for level III of the

Executive Schedule under section 5314 of title 5, United States

Code, as of September 30, 1989, increased by 3.6 percent.''

1988 - Pub. L. 100-440, title VI, Sec. 620, Sept. 22, 1988, 102

Stat. 1756, provided that:

''(a)(1) Notwithstanding any other provision of law, in the case

of fiscal year 1989, the overall percentage of the adjustment under

section 5305 of title 5, United States Code, in the rates of pay

under the General Schedule, and in the rates of pay under the other

statutory pay systems (as defined by section 5301(c) of such

title), shall be an increase of 4.1 percent.

''(2) Each increase in a pay rate or schedule which takes effect

pursuant to paragraph (1) shall, to the maximum extent practicable,

be of the same percentage, and shall take effect as of the first

day of the first applicable pay period commencing on or after

January 1, 1989.

''(b)(1) Notwithstanding any other provision of this Act or any

other law, no adjustment in rates of pay under section 5305 of

title 5, United States Code, which becomes effective on or after

October 1, 1988, and before October 1, 1989, shall have the effect

of increasing the rate of salary or basic pay for any office or

position in the legislative, executive, or judicial branch or in

the government of the District of Columbia -

''(A) if the rate of salary or basic pay payable for that

office or position as of September 30, 1988, was equal to or

greater than the rate of basic pay then payable for level III of

the Executive Schedule under section 5314 of title 5, United

States Code; or

''(B) to a rate exceeding the rate of basic pay payable for

level III of the Executive Schedule under such section 5314 as of

September 30, 1988, if, as of that date, the rate of salary or

basic pay payable for that office or position was less than the

rate of basic pay then payable for such level III.

''(2) For purposes of paragraph (1), the rate of salary or basic

pay payable as of September 30, 1988, for any office or position

which was not in existence on such date shall be deemed to be the

rate of salary or basic pay payable to individuals in comparable

offices or positions on such date, as determined under regulations

prescribed -

''(A) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(B) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(C) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.''

1987 - Pub. L. 100-202, Sec. 108, Dec. 22, 1987, 101 Stat.

1329-434, provided that:

''(a) Notwithstanding any other provision of this resolution or

any other law, no adjustment in rates of pay under section 5305 of

title 5, United States Code, which becomes effective on or after

October 1, 1987, and before October 1, 1988, shall have the effect

of increasing the rate of salary or basic pay for any office or

position in the legislative, executive, or judicial branch or in

the government of the District of Columbia -

''(1) if the rate of salary or basic pay payable for that

office or position as of September 30, 1987, was equal to or

greater than the rate of basic pay then payable for level V of

the Executive Schedule under section 5316 of title 5, United

States Code; or

''(2) to a rate exceeding the rate of basic pay payable for

level V of the Executive Schedule under such section 5316 as of

September 30, 1987, if, as of that date, the rate of salary or

basic pay payable for that office or position was less than the

rate of basic pay then payable for such level V.

''(b) For purposes of subsection (a), the rate of salary or basic

pay payable as of September 30, 1987, for any office or position

which was not in existence on such date shall be deemed to be the

rate of salary or basic pay payable to individuals in comparable

offices or positions on such date, as determined under regulations

prescribed -

''(1) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(2) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(3) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.''

Pub. L. 100-202, Sec. 110(a), Dec. 22, 1987, 101 Stat. 1329-436,

provided that:

''(1) Two-percent increase. - Notwithstanding any other provision

of law, in the case of fiscal year 1988, the overall percentage of

the adjustment under section 5305 of title 5, United States Code,

in the rates of pay under the General Schedule, and in the rates of

pay under the other statutory pay systems (as defined by section

5301(c) of such title), shall be an increase of 2 percent.

''(2) Uniform adjustments; delayed effective date. - Each

increase in a pay rate or schedule which takes effect pursuant to

paragraph (1) shall, to the maximum extent practicable, be of the

same percentage and shall take effect as of the beginning of the

first applicable pay period beginning on or after January 1,

1988.''

1986 - Pub. L. 99-500, Sec. 144(a), Oct. 18, 1986, 100 Stat.

1783-350, and Pub. L. 99-591, Sec. 144(a), Oct. 30, 1986, 100 Stat.

3341-353, provided that:

''(1) Notwithstanding any other provision of law, in the case of

fiscal year 1987, the overall percentage of the adjustment under

section 5305 of title 5, United States Code, in the rates of pay

under the General Schedule, and in the rates of pay under the other

statutory pay systems, shall be an increase of 3 percent.

''(2) Each increase in a pay rate or schedule which takes effect

pursuant to paragraph (1) shall, to the maximum extent practicable,

be of the same percentage, and shall take effect as of the first

day of the first applicable pay period commencing on or after

January 1, 1987.

''(3)(A) Notwithstanding any other provision of law,

determinations relating to amounts to be appropriated in order to

provide for the adjustment described in paragraph (1) shall be made

based on the assumption that the various departments and agencies

of the Government will, in the aggregate, absorb 50 percent of the

increase in total pay for fiscal year 1987.

''(B) Subparagraph (A) does not apply with respect to the

Department of Defense or pay for employees of the Department of

Defense.

''(4) For purposes of this subsection -

''(A) the term 'total pay' means, with respect to a fiscal

year, the total amount of basic pay which will be payable to

employees covered by statutory pay systems for service performed

during such fiscal year;

''(B) the term 'increase in total pay' means, with respect to a

fiscal year, that part of total pay for such year which is

attributable to the adjustment taking effect under this section

during such year; and

''(C) the term 'statutory pay system' has the meaning given

such term by section 5301(c) of title 5, United States Code.''

Pub. L. 99-272, title XV, Sec. 15201(a), Apr. 7, 1986, 100 Stat.

332, provided that:

''(1) The rates of pay under the General Schedule and the rates

of pay under the other statutory pay systems referred to in section

5301(c) of title 5, United States Code, shall not be adjusted under

section 5305 of such title during fiscal year 1986.

''(2)(A)(i) For fiscal years 1987 and 1988, the President shall

provide for the adjustment of rates of pay under section 5305 of

title 5, United States Code, as appropriate to reduce outlays,

relating to pay of officers and employees of the Federal

Government, by at least $746,000,000 in fiscal year 1987 and

$1,264,000,000 in fiscal year 1988 (without regard to reductions in

outlays which result by reason of subparagraph (B)(ii) of this

paragraph, paragraph (1) of this subsection, subsection (b) of this

section, and the application of section 1009 of title 37, United

States Code), computed using the baseline used for the First

Concurrent Resolution on the Budget for Fiscal Year 1986 (S. Con.

Res. 32, 99th Congress), agreed to on August 1, 1985.

''(ii) Clause (i) of this subparagraph shall not be construed to

suspend the requirements of section 5305 of title 5, United States

Code, with respect to fiscal years 1987 and 1988.

''(B) Each adjustment in a pay rate or schedule which takes

effect pursuant to subparagraph (A) of this paragraph -

''(i) shall, to the maximum extent practicable, be of the same

percentage; and

''(ii) shall be effective with respect to pay periods beginning

on or after January 1 of the fiscal year involved.''

1984 - Pub. L. 98-270, title II, Sec. 202(a), Apr. 18, 1984, 98

Stat. 158, provided that:

''(1) Notwithstanding any other provision of law, in the case of

fiscal year 1984, the overall percentage of the adjustment under

section 5305 of title 5, United States Code, in the rates of pay

under the General Schedule, and in the rates of pay under the other

statutory pay systems, shall be an increase of 4 percent.

''(2) Each increase in a pay rate or schedule which takes effect

pursuant to paragraph (1) shall, to the maximum extent practicable,

be of the same percentage, and shall take effect as of the first

day of the first applicable pay period commencing on or after

January 1 of such fiscal year.''

1982 - Pub. L. 97-253, title III, Sec. 310(a), Sept. 8, 1982, 96

Stat. 799, provided that:

''(1) Notwithstanding any other provision of law, if -

''(A) before September 1, 1982, the President transmits to the

Congress pursuant to section 5305(c)(1) of title 5, United States

Code, an alternative plan which provides for an overall

percentage pay adjustment which is less than 4 percent, and

''(B) the alternative plan referred to in subparagraph (A) is

disapproved pursuant to such section 5305,

the rates of pay under the General Schedule and the rates of pay

under the other statutory pay systems shall be increased under the

provisions of such section 5305 by 4 percent in the case of fiscal

year 1983.

''(2) Each increase in a pay rate or schedule which takes effect

pursuant to paragraph (1) shall, to the maximum extent practicable,

be of the same percentage, and shall take effect on the first day

of the first applicable pay period commencing on or after October 1

of such fiscal year.''

1981 - Pub. L. 97-35, title XVII, Sec. 1701(a), Aug. 13, 1981, 95

Stat. 753, provided that: ''Notwithstanding any other provision of

law, the overall percentage of the adjustment of the rates of pay

under the General Schedule or any other statutory pay system under

section 5305 of title 5, United States Code, which is to become

effective with the first applicable pay period commencing on or

after October 1, 1981, shall not exceed 4.8 percent.''

1978 - Pub. L. 95-429, title VI, Sec. 614, Oct. 10, 1978, 92

Stat. 1018, provided that:

''(a) No part of any of the funds appropriated for the fiscal

year ending September 30, 1979, by this Act or any other Act, may

be used to pay the salary or pay of any individual in any office or

position in an amount which exceeds the rate of salary or basic pay

payable for such office or position on September 30, 1978, by more

than 5.5 percent, as a result of any adjustments which take effect

during such fiscal year under -

''(1) section 5305 of title 5, United States Code;

''(2) any other provision of law if such adjustment is

determined by reference to such section 5305; or

''(3) section 5343 of title 5, United States Code, if such

adjustment is granted pursuant to a wage survey (but only with

respect to prevailing rate employees described in section

5342(a)(2)(A) of that title).

''(b) For the purpose of administering any provision of law,

rule, or regulation which provides premium pay, retirement, life

insurance, or other employee benefit, which requires any deduction

or contribution, or which imposes any requirement or limitation, on

the basis of a rate of salary or basic pay, the rate of salary or

basic pay payable after the application of this section shall be

treated as the rate of salary or basic pay.''

1971 - Pub. L. 92-210, Sec. 3, Dec. 22, 1971, 85 Stat. 753,

provided that: ''Notwithstanding any provision of section 3(c) of

the Federal Pay Comparability Act of 1970 (Public Law 91-656), or

of section 5305 of title 5, United States Code, as added by section

3(a) of Public Law 91-656, and the provisions of the alternative

plan submitted by the President to the Congress pursuant thereto on

August 31, 1971, such comparability adjustments in the rates of pay

of each Federal statutory pay system as may be required under such

sections 5305 and 3(c), based on the 1971 Bureau of Labor

Statistics survey -

''(1) shall not be greater than the guidelines established for

the wage and salary adjustments for the private sector that may

be authorized under authority of any statute of the United

States, including the Economic Stabilization Act of 1970 (Public

Law 91-379; 84 Stat. 799), as amended (formerly set out as a note

under section 1904 of Title 12, Banks and Banking), and that may

be in effect on December 31, 1971; and

''(2) shall be placed into effect on the first day of the first

pay period that begins on or after January 1, 1972.

Nothing in this section shall be construed to provide any

adjustments in rates of pay of any Federal statutory pay system

which are greater than the adjustments based on the 1971 Bureau of

Labor Statistics survey.''

Section 3(c) of Pub. L. 91-656 provided that: ''The President may

make the initial adjustment required by subchapter I of chapter 53

of title 5, United States Code, as amended by this Act, without

regard to the provisions of such subchapter relating to the

Advisory Committee on Federal Pay and the Federal Employees Pay

Council. Notwithstanding any provision of such subchapter I

prescribing an effective date of October 1 for any pay adjustment

made by the President, the initial adjustment based on the 1970

Bureau of Labor Statistics survey and the adjustment based on the

1971 Bureau of Labor Statistics survey shall become effective on

the first day of the first applicable pay period that begins on or

after January 1, 1971, and January 1, 1972, respectively.

Notwithstanding the provisions of such subchapter I, the

President's agent for purposes of the 1971 and 1972 adjustments

shall be the Director, Office of Management and Budget and the

Chairman, United States Civil Service Commission. Adjustments under

the provisions of such subchapter I shall not apply to employees of

the Post Office Department whose basic pay is fixed under the

General Schedule.''

1967 - Pub. L. 90-206, title II, Sec. 212, Dec. 16, 1967, 81

Stat. 634, provided that: ''In order to complete the implementation

of the policy of the Congress set forth in paragraph (2) of section

5301 of title 5, United States Code, the President, after seeking

the views of such employee organizations as he considers

appropriate and in such manner as he may provide, shall -

''(1) effective on the first day of the first pay period

beginning on or after July 1, 1968, adjust the rates of basic

pay, basic compensation, and salary, as in effect by reason of

the enactment of the provisions of this title (see Short Title

note under section 5332 of this title) other than this section

and sections 205, 210, 213, 214, 215, and 219 -

''(A) by amounts equal, as nearly as may be practicable, to

one-half of the amounts by which such rates are exceeded by

rates of pay paid for the same levels of work in private

enterprise as determined on the basis of the 1967 annual survey

conducted by the Bureau of Labor Statistics in accordance with

the provisions of section 5302 of title 5, United States Code,

or

''(B) by 3 per centum,

whichever is greater; and

''(2) effective on the first day of the first pay period

beginning on or after July 1, 1969, adjust the rates he has

established under subparagraph (1) of this section, and the rates

established by Postal Field Service Schedule II, and Rural

Carrier Schedule II (contained in the amendments made by

subsections (a) and (b) of section 205 (amending sections 3542

and 3543 of Title 39, Postal Service), by amounts equal, as

nearly as may be practicable, to the amounts by which such rates

are exceeded by rates of pay paid for the same levels of work in

private enterprise as determined on the basis of the 1968 annual

survey conducted by the Bureau of Labor Statistics in accordance

with the provisions of section 5302 of title 5, United States

Code.

Adjustments made by the President under this section shall have the

force and effect of statute. The rates of pay of personnel subject

to sections 210, 213 (except subsections (d) and (e) ), and 214 of

this title (see Short Title note under section 5332 of this title),

and any minimum or maximum rate, limitation, or allowance

applicable to any such personnel, shall be adjusted, by amounts

which are equal, insofar as practicable and with such exceptions as

may be necessary to provide for appropriate relationships between

positions, to the amounts of the adjustments made by the President

under subparagraphs (1) and (2) of this section, by the following

authorities -

''(i) the President pro tempore of the Senate, with respect to

the United States Senate;

''(ii) the Speaker of the House of Representatives with respect

to the United States House of Representatives;

''(iii) the Architect of the Capitol, with respect to the

Office of the Architect of the Capitol;

''(iv) the Director of the Administrative Office of the United

States Courts, with respect to the judicial branch of the

Government; and

''(v) the Secretary of Agriculture, with respect to persons

employed by the county committees established pursuant to section

8(b) of the Soil Conservation and Domestic Allotment Act (16

U.S.C. 590h(b) ).

Such adjustments shall be made in such manner as the appropriate

authority concerned deems advisable and shall have the force and

effect of statute. Nothing in this section shall impair any

authority pursuant to which rates of pay may be fixed by

administrative action.'' (Section 212 of Pub. L. 90-206 effective

Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90-206, set out as

a note under section 3110 of this title.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5304, 5304a, 5306, 5318,

5332, 5372, 5376, 5382, 5392 of this title; title 2 sections 31,

57a, 60a-1, 60a-1b, 60a-2, 60a-2a, 906; title 3 section 104; title

10 section 1076a; title 22 section 3963; title 28 section 461;

title 31 section 325; title 37 section 1009; title 38 section 7451;

title 42 section 254l.

-CITE-

5 USC Sec. 5304 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5304. Locality-based comparability payments

-STATUTE-

(a) Pay disparities shall be identified and reduced as follows:

(1) Comparability payments shall be payable within each

locality determined to have a pay disparity greater than 5

percent.

(2)(A) The localities having pay disparities, and the size of

those disparities, shall, for purposes of any comparability

payment scheduled to take effect in any calendar year, be

determined in accordance with the appropriate report, as prepared

and submitted to the President under subsection (d)(1) for

purposes of such calendar year.

(B) Any computation necessary to determine the size of the

comparability payment to become payable for any locality in a

year (as well as any determination as to the size of any pay

disparity remaining after that comparability payment is made)

shall likewise be made using data contained in the appropriate

report (described in subparagraph (A)) so prepared and submitted

for purposes of such calendar year.

(3) Subject to paragraph (4), the amount of the comparability

payments payable under this subsection in a calendar year within

any locality in which a comparability payment is payable shall be

computed using such percentage as the President determines for

such locality under subsection (d)(2), except that -

(A) the percentage for the first calendar year in which any

amounts are payable under this section may not be less than 1/5

of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(B) the percentage for the second calendar year in which any

amounts are payable under this section may not be less than

3/10 of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(C) the percentage for the third calendar year in which any

amounts are payable under this section may not be less than 2/5

of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(D) the percentage for the fourth calendar year in which any

amounts are payable under this section may not be less than 1/2

of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(E) the percentage for the fifth calendar year in which any

amounts are payable under this section may not be less than 3/5

of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(F) the percentage for the sixth calendar year in which any

amounts are payable under this section may not be less than

7/10 of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(G) the percentage for the seventh calendar year in which any

amounts are payable under this section may not be less than 4/5

of the amount needed to reduce the pay disparity of the

locality involved to 5 percent;

(H) the percentage for the eighth calendar year in which any

amounts are payable under this section may not be less than

9/10 of the amount needed to reduce the pay disparity of the

locality involved to 5 percent; and

(I) the percentage for the ninth calendar year in which any

amounts are payable under this section, and any year

thereafter, may not be less than the full amount necessary to

reduce the pay disparity of the locality involved to 5 percent.

(4) Nothing in this section shall be considered to preclude the

President, in his discretion, from adjusting comparability

payments to a level higher than the minimum level otherwise

required in a calendar year, including to the level necessary to

eliminate a locality's pay disparity completely.

(b) After the ninth calendar year (referred to in subsection

(a)(3)(I)), the level of comparability payments payable within such

locality may be reduced for any subsequent calendar year, but only

if, or to the extent that, the reduction would not immediately

create another pay disparity in excess of 5 percent within the

locality (taking into consideration any comparability payments

remaining payable).

(c)(1) The amount of the comparability payment payable within any

particular locality during a calendar year -

(A) shall be stated as a single percentage, which shall be

uniformly applicable to General Schedule positions within the

locality; and

(B) shall, for any employee entitled to receive a comparability

payment, be computed by applying that percentage to such

employee's scheduled rate of basic pay (or, if lower due to a

limitation on the rate payable, the rate actually payable),

subject to subsection (g).

(2) A comparability payment -

(A) shall be considered to be part of basic pay for purposes of

retirement under chapter 83 or 84, as applicable, life insurance

under chapter 87, and premium pay under subchapter V of chapter

55, and for such other purposes as may be expressly provided for

by law or as the Office of Personnel Management may by regulation

prescribe; and

(B) shall be paid in the same manner and at the same time as

the basic pay payable to such employee pursuant to any provision

of law outside of this section.

(3) Nothing in this subchapter shall be considered to permit or

require that any portion of a comparability payment be taken into

account for purposes of any adjustment under section 5303.

(4)(A) Only employees receiving scheduled rates of basic pay

(subject to any pay limitation which may apply) shall be eligible

for comparability payments under this section.

(B) Comparability payments shall not be payable for service

performed in any position which may not, under subsection

(f)(1)(A), be included within a pay locality.

(d) In order to carry out this section, the President shall -

(1) direct such agent as he considers appropriate to prepare

and submit to him annually, after considering such views and

recommendations as may be submitted under subsection (e) (but not

later than 13 months before the start of the calendar year for

purposes of which it is prepared), a report that -

(A) compares the rates of pay under the General Schedule

(disregarding any described in section 5302(8)(C)) (FOOTNOTE 1)

with the rates of pay generally paid to non-Federal workers for

the same levels of work within each pay locality, as determined

on the basis of appropriate surveys that shall be conducted by

the Bureau of Labor Statistics;

(FOOTNOTE 1) See References in Text note below.

(B) based on data from such surveys, identifies each locality

in which a pay disparity exists and specifies the size of each

such pay disparity (before and after taking into consideration

any comparability payments payable);

(C) makes recommendations for appropriate comparability

payments, in conformance with applicable requirements of this

section; and

(D) includes the views and recommendations submitted under

subsection (e);

(2) after considering the report of his agent (including the

views and recommendations referred to in subsection (e)(2)(C),

provide for or adjust comparability payments in conformance with

applicable requirements of this section, effective as of the

beginning of the first applicable pay period commencing on or

after January 1 of the applicable year; and

(3) transmit to Congress a report of the actions taken under

paragraph (2) (together with a copy of the report submitted to

him by his agent, including the views and recommendations

referred to in subsection (e)(2)(C)) which shall -

(A) identify each pay locality;

(B) specify which localities have pay disparities in excess

of 5 percent, and the size of the disparity existing in each of

those localities, according to the pay agent's most recent

report under paragraph (1) (before and after taking into

consideration any comparability payments payable); and

(C) indicate the size of the respective comparability

payments (expressed as percentages) which will be in effect

under paragraph (2) for the various pay localities specified

under subparagraph (B) for the applicable calendar year.

(e)(1) The President shall establish a Federal Salary Council of

9 members, of whom -

(A) 3 shall be chosen from among persons generally recognized

for their impartiality, knowledge, and experience in the field of

labor relations and pay policy; and

(B) 6 shall be representatives of employee organizations which

represent substantial numbers of employees holding General

Schedule positions, and who shall be selected giving due

consideration to such factors as the relative numbers of

employees represented by the various organizations, except that

not more than 3 members of the Council at any one time shall be

from a single employee organization, council, federation,

alliance, association, or affiliation of employee organizations.

Members of the Council shall not receive pay by reason of their

service on the Council, nor shall members who are not otherwise

employees of the United States be considered employees by reason of

any such service. However, members under subparagraph (A) may be

paid expenses in accordance with section 5703. The President shall

designate one of the members to serve as Chairman of the Federal

Salary Council. One of the 3 members under subparagraph (A) may be

the Chairman of the Federal Prevailing Rate Advisory Committee,

notwithstanding the restriction under section 5347(a)(1), and such

individual may also be designated to serve as Chairman of the

Federal Salary Council.

(2) The pay agent shall -

(A) provide for meetings with the Council and give thorough

consideration to the views and recommendations of the Council and

the individual views and recommendations, if any, of the members

of the Council regarding -

(i) the establishment or modification of pay localities;

(ii) the coverage of the surveys of pay localities conducted

by the Bureau of Labor Statistics under subsection (d)(1)(A)

(including, but not limited to, the occupations, establishment

sizes, and industries to be surveyed, and how pay localities

are to be surveyed);

(iii) the process of comparing the rates of pay payable under

the General Schedule with rates of pay for the same levels of

work performed by non-Federal workers; and

(iv) the level of comparability payments that should be paid

in order to eliminate or reduce pay disparities in accordance

with the requirements of this section;

(B) give thorough consideration to the views and

recommendations of employee organizations not represented on the

Council regarding the subjects in subparagraph (A)(i)-(iv); and

(C) include in its report to the President the views and

recommendations submitted as provided in this subsection by the

Council, by any member of the Council, and by employee

organizations not represented on the Council.

(f)(1) The pay agent may provide for such pay localities as the

pay agent considers appropriate, except that -

(A) each General Schedule position (excluding any outside the

continental United States, as defined in section 5701(6)) shall

be included with a pay locality; and

(B) the boundaries of pay localities shall be determined based

on appropriate factors which may include local labor market

patterns, commuting patterns, and practices of other employers.

(2)(A) The establishment or modification of any such boundaries

shall be effected by regulations which, notwithstanding subsection

(a)(2) of section 553, shall be promulgated in accordance with the

notice and comment requirements of such section.

(B) Judicial review of any regulation under this subsection shall

be limited to whether or not it was promulgated in accordance with

the requirements referred to in subparagraph (A).

(g)(1) Except as provided in paragraph (2), comparability

payments may not be paid at a rate which, when added to the rate of

basic pay otherwise payable to the employee involved, would cause

the total to exceed the rate of basic pay payable for level IV of

the Executive Schedule.

(2) The applicable maximum under this subsection shall be level

III of the Executive Schedule for -

(A) positions under subparagraphs (A)-(E) of subsection (h)(1);

and

(B) any positions under subsection (h)(1)(F) which the

President may determine.

(h)(1) For the purpose of this subsection, the term ''position''

means -

(A) a position to which section 5376 applies (relating to

certain senior-level positions);

(B) a Senior Executive Service position under section 3132;

(C) a position in the Federal Bureau of Investigation and Drug

Enforcement Administration Senior Executive Service under section

3151;

(D) a position to which section 5372 applies (relating to

administrative law judges appointed under section 3105);

(E) a position to which section 5372a applies (relating to

contract appeals board members); and

(F) a position within an Executive agency not covered under the

General Schedule or any of the preceding subparagraphs, the rate

of basic pay for which is (or, but for this section, would be) no

more than the rate payable for level IV of the Executive

Schedule;

but does not include -

(i) a position to which subchapter IV applies (relating to

prevailing rate systems);

(ii) a position as to which a rate of pay is authorized under

section 5377 (relating to critical positions); or

(iii) a position to which subchapter II applies (relating to

the Executive Schedule).

(2)(A) Notwithstanding subsection (c)(4) or any other provision

of this section, but subject to subparagraph (B) and paragraph (3),

upon the request of the head of an Executive agency with respect to

1 or more categories of positions, the President may provide that

each employee of such agency who holds a position within such

category, and within the particular locality involved, shall be

entitled to receive comparability payments.

(B) A request by an agency head or exercise of authority by the

President under subparagraph (A) shall cover -

(i) with respect to the positions under subparagraphs (A)

through (E) of paragraph (1), all positions described in the

subparagraph or subparagraphs involved (excluding any under

clause (i) or (ii) of such paragraph); and

(ii) with respect to positions under paragraph (1)(F), such

positions as may be considered appropriate (excluding any under

clause (i) or (ii) of paragraph (1)).

(C) Notwithstanding subsection (c)(4) or any other provision of

law, but subject to paragraph (3), in the case of a category with

positions that are in more than 1 Executive agency, the President

may, on his own initiative, provide that each employee who holds a

position within such category, and in the locality involved, shall

be entitled to receive comparability payments. No later than 30

days before an employee receives comparability payments under this

subparagraph, the President or the President's designee shall

submit a detailed report to the Congress justifying the reasons for

the extension, including consideration of recruitment and retention

rates and the expense of extending locality pay.

(3) Comparability payments under this subsection -

(A) may be paid only in any calendar year in which

comparability payments under the preceding provisions of this

section are payable with respect to General Schedule positions

within the same locality;

(B) shall take effect, within the locality involved, on the

first day of the first applicable pay period commencing on or

after such date as the President designates (except that no date

may be designated which would require any retroactive payments),

and shall remain in effect through the last day of the last

applicable pay period commencing during that calendar year;

(C) shall be computed using the same percentage as is

applicable, for the calendar year involved, with respect to

General Schedule positions within the same locality; and

(D) shall be subject to the applicable limitation under

subsection (g).

(i) The Office of Personnel Management may prescribe regulations,

consistent with the provisions of this section, governing the

payment of comparability payments to employees.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 91-375, Sec.

6(c)(11), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454, title IX,

Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-465, title

II, Sec. 2314(c)(3), Oct. 17, 1980, 94 Stat. 2168; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 101(a)(1)), Nov. 5, 1990, 104

Stat. 1427, 1431; Pub. L. 102-378, Sec. 2(26), Oct. 2, 1992, 106

Stat. 1348.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 1174. Oct. 11, 1962, Pub.

L. 87-793, Sec.

505, 76 Stat. 842.

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

The words ''agencies'' and ''regulations'' are substituted for

''departments'' and ''rules'', respectively.

Standard changes are made to conform with the definitions

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

to the report.

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in text, is set out under

section 5332 of this title.

Section 5302(8)(C), referred to in subsec. (d)(1)(A), was

redesignated 5302(8)(B) of this title by Pub. L. 103-89, Sec.

3(b)(1)(E)(i)(II), Sept. 30, 1993, 107 Stat. 981.

Levels III and IV of the Executive Schedule, referred to in

subsecs. (g) and (h)(1)(F), are set out in sections 5314 and 5315,

respectively, of this title.

-MISC2-

AMENDMENTS

1992 - Subsec. (a)(3). Pub. L. 102-378, Sec. 2(26)(A)(i),

substituted ''Subject to paragraph (4),'' for ''Subject to

paragraphs (4) and (5),'' and ''a comparability payment'' for ''a

comparative payment''.

Subsec. (a)(3)(H). Pub. L. 102-378, Sec. 2(26)(A)(ii), inserted

''and'' after semicolon at end.

Subsec. (a)(3)(I). Pub. L. 102-378, Sec. 2(26)(A)(iii),

substituted a period for semicolon at end.

Subsec. (d)(1)(A). Pub. L. 102-378, Sec. 2(26)(B), inserted

''(disregarding any described in section 5302(8)(C))'' after

''General Schedule'' and struck out ''annual'' before ''surveys''.

Subsec. (e)(1). Pub. L. 102-378, Sec. 2(26)(C)(i), inserted after

second sentence ''However, members under subparagraph (A) may be

paid expenses in accordance with section 5703.''

Subsec. (e)(2)(A)(ii). Pub. L. 102-378, Sec. 2(26)(C)(ii),

substituted ''surveys of pay localities'' for ''annual survey'' and

''industries'' for ''industries,''.

Subsec. (g)(2). Pub. L. 102-378, Sec. 2(26)(D), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''For

positions under subparagraphs (A)-(E) of subsection (h)(1), the

applicable maximum under this subsection shall be level III of the

Executive Schedule.''

Subsec. (h)(1)(F). Pub. L. 102-378, Sec. 2(26)(E)(i)(I), amended

subpar. (F) generally. Prior to amendment, subpar. (F) read as

follows: ''a position within an Executive agency not covered under

any of the preceding subparagraphs, the rate of basic pay for which

is (or, but for this section, would be) less than the rate payable

for level V of the Executive Schedule;''.

Subsec. (h)(1)(iii). Pub. L. 102-378, Sec. 2(26)(E)(i)(II)-(IV),

added cl. (iii).

Subsec. (h)(2)(C). Pub. L. 102-378, Sec. 2(26)(E)(ii), added

subpar. (C).

Subsec. (h)(3)(B). Pub. L. 102-378, Sec. 2(26)(E)(iii), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''shall be payable, within the locality involved, for the

entirety of each calendar year for which authority is granted by

the President;''.

1990 - Pub. L. 101-509 amended section generally, substituting

provisions relating to locality-based comparability payments for

provisions making functions, duties, and regulations of agencies

and Office of Personnel Management with respect to this subchapter

subject to Presidential policies and regulations.

1980 - Pub. L. 96-465 substituted ''the Foreign Service Act of

1980'' for ''chapter 14 of title 22'' in provisions preceding par.

(1).

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

1970 - Pub. L. 91-375 struck out provisions making functions,

duties and regulations of the agencies and the Civil Service

Commission with respect to the provisions of part III of title 39

relating to employees in the postal field service subject to

Presidential policies and regulations.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, with provision that first

calendar year in which comparability payments under this section

are paid shall be calendar year beginning Jan. 1, 1994, see section

529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note

under section 5301 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out an

Effective Date note under section 3901 of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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 1970 AMENDMENT

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.

-TRANS-

DELEGATION OF FUNCTIONS

For designation of agents of President under subsecs. (d)(1) and

(h) of this section, see Ex. Ord. No. 12748, Sec. 2(a), Feb. 1,

1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under

section 5301 of this title.

-MISC5-

COMPARABILITY PAYMENTS BETWEEN 2002 AND 2007; COMPARISONS AND

RECOMMENDATIONS; REVISION OF METHODOLOGY

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 637), Dec. 21,

2000, 114 Stat. 2763, 2763A-165, provided that:

''(a) For purposes of this section -

''(1) the term 'comparability payment' refers to a

locality-based comparability payment under section 5304 of title

5, United States Code;

''(2) the term 'President's pay agent' refers to the pay agent

described in section 5302(4) of such title; and

''(3) the term 'pay locality' has the meaning given such term

by section 5302(5) of such title.

''(b) Notwithstanding any provision of section 5304 of title 5,

United States Code, for purposes of determining appropriate pay

localities and making comparability payment recommendations, the

President's pay agent may, in accordance with succeeding provisions

of this section, make comparisons of General Schedule pay and

non-Federal pay within any of the metropolitan statistical areas

described in subsection (d)(3), using -

''(1) data from surveys of the Bureau of Labor Statistics;

''(2) salary data sets obtained under subsection (c); or

''(3) any combination thereof.

''(c) To the extent necessary in order to carry out this section,

the President's pay agent may obtain any salary data sets (referred

to in subsection (b)) from any organization or entity that

regularly compiles similar data for businesses in the private

sector.

''(d)(1)(A) This paragraph applies with respect to the five

metropolitan statistical areas described in paragraph (3) which -

''(i) have the highest levels of nonfarm employment (as

determined based on data made available by the Bureau of Labor

Statistics); and

''(ii) as of the date of the enactment of this Act (Dec. 21,

2000), have not previously been surveyed by the Bureau of Labor

Statistics (as discrete pay localities) for purposes of section

5304 of title 5, United States Code.

''(B) The President's pay agent, based on such comparisons under

subsection (b) as the pay agent considers appropriate, shall: (i)

determine whether any of the five areas under subparagraph (A)

warrants designation as a discrete pay locality; and (ii) if so,

make recommendations as to what level of comparability payments

would be appropriate during 2002 for each area so determined.

''(C)(i) Any recommendations under subparagraph (B)(ii) shall be

included -

''(I) in the pay agent's report under section 5304(d)(1) of

title 5, United States Code, submitted for purposes of

comparability payments scheduled to become payable in 2002; or

''(II) if compliance with subclause (I) is impracticable, in a

supplementary report which the pay agent shall submit to the

President and the Congress no later than March 1, 2001.

''(ii) In the event that the recommendations are completed in

time to be included in the report described in clause (i)(I), a

copy of those recommendations shall be transmitted by the pay agent

to the Congress contemporaneous with their submission to the

President.

''(D) Each of the five areas under subparagraph (A) that so

warrants, as determined by the President's pay agent, shall be

designated as a discrete pay locality under section 5304 of title

5, United States Code, in time for it to be treated as such for

purposes of comparability payments becoming payable in 2002.

''(2) The President's pay agent may, at any time after the 180th

day following the submission of the report under subsection (f),

make any initial or further determinations or recommendations under

this section, based on any pay comparisons under subsection (b),

with respect to any area described in paragraph (3).

''(3) An area described in this paragraph is any metropolitan

statistical area within the continental United States that (as

determined based on data made available by the Bureau of Labor

Statistics and the Office of Personnel Management, respectively)

has a high level of nonfarm employment and at least 2,500 General

Schedule employees whose post of duty is within such area.

''(e)(1) The authority under this section to make pay comparisons

and to make any determinations or recommendations based on such

comparisons shall be available to the President's pay agent only

for purposes of comparability payments becoming payable on or after

January 1, 2002, and before January 1, 2007, and only with respect

to areas described in subsection (d)(3).

''(2) Any comparisons and recommendations so made shall, if

included in the pay agent's report under section 5304(d)(1) of

title 5, United States Code, for any year (or the pay agent's

supplementary report, in accordance with subsection

(d)(1)(C)(i)(II)), be considered and acted on as the pay agent's

comparisons and recommendations under such section 5304(d)(1) for

the area and the year involved.

''(f)(1) No later than March 1, 2001, the President's pay agent

shall submit to the Committee on Government Reform of the House of

Representatives, the Committee on Governmental Affairs of the

Senate, and the Committees on Appropriations of the House of

Representatives and of the Senate, a report on the use of pay

comparison data, as described in subsection (b)(2) or (3) (as

appropriate), for purposes of comparability payments.

''(2) The report shall include the cost of obtaining such data,

the rationale underlying the decisions reached based on such data,

and the relative advantages and disadvantages of using such data

(including whether the effort involved in analyzing and integrating

such data is commensurate with the benefits derived from their

use). The report may include specific recommendations regarding

the continued use of such data.

''(g)(1) No later than May 1, 2001, the President's pay agent

shall prepare and submit to the committees specified in subsection

(f)(1) a report relating to the ongoing efforts of the Office of

Personnel Management, the Office of Management and Budget, and the

Bureau of Labor Statistics to revise the methodology currently

being used by the Bureau of Labor Statistics in performing its

surveys under section 5304 of title 5, United States Code.

''(2) The report shall include a detailed accounting of any

concerns the pay agent may have regarding the current methodology,

the specific projects the pay agent has directed any of those

agencies to undertake in order to address those concerns, and a

time line for the anticipated completion of those projects and for

implementation of the revised methodology.

''(3) The report shall also include recommendations as to how

those ongoing efforts might be expedited, including any additional

resources which, in the opinion of the pay agent, are needed in

order to expedite completion of the activities described in the

preceding provisions of this subsection, and the reasons why those

additional resources are needed.''

FREEZE OF CURRENT RATE FOR LOCALITY-BASED COMPARABILITY ADJUSTMENTS

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title IX, Sec. 902(b)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-304, provided that:

''Notwithstanding any other provision of law, including this title

(enacting provisions set out as notes under sections 5301 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), or any provision of law amended by this title, no officer

or member of the United States Secret Service Uniformed Division or

the United States Park Police may be paid locality pay under

section 5304 or section 5304a of title 5, United States Code, at a

percentage rate for the applicable locality in excess of the rate

in effect for pay periods during calendar year 2000.''

COMPARABILITY PAYMENTS IN 1994 AND 1995

Pub. L. 103-329, title VI, Sec. 630(b), (c), Sept. 30, 1994, 108

Stat. 2424, provided that:

''(b) For purposes of any locality-based comparability payments

taking effect in fiscal year 1995 under subchapter I of chapter 53

of title 5, United States Code (whether by adjustment or

otherwise), section 5304(a) of such title shall be deemed to be

without force or effect.

''(c) Notwithstanding section 5304(a)(3)(B) of title 5, United

States Code, the annualized cost of pay adjustments made under

section 5304 of such title in calendar year 1995 shall be equal to

0.6 percent of the estimated aggregate fiscal year 1995 executive

branch civilian payroll -

''(1) as determined by the pay agent (within the meaning of

section 5302 of such title); and

''(2) determined as if the rates of pay and comparability

payments payable on September 30, 1994, had remained in effect.''

Section 8(b) of Pub. L. 102-378 provided that: ''Notwithstanding

section 5304 of title 5, United States Code, for purposes of any

comparability payments scheduled to take effect under such section

during calendar years 1994 and 1995, respectively -

''(1) the report required by subsection (d)(1) of such section

may be submitted not later than 1 month before the start of the

calendar year for purposes of which it is prepared; and

''(2) the surveys conducted by the Bureau of Labor Statistics

for use in preparing any such report may be other than annual

surveys, and shall, to the greatest extent practicable, be

completed not later than 4 months before the start of the

calendar year for purposes of which the surveys are conducted.''

INTERIM GEOGRAPHIC ADJUSTMENTS

Section 529 (title III, Sec. 302) of Pub. L. 101-509, as amended

by Pub. L. 102-378, Sec. 3(4), Oct. 2, 1992, 106 Stat. 1356; Pub.

L. 103-89, Sec. 3(b)(2), Sept. 30, 1993, 107 Stat. 982, provided

that:

''(a) Definitions. - For the purpose of this section -

''(1) the term 'area' means any consolidated metropolitan

statistical area, primary metropolitan statistical area, or

metropolitan statistical area, with at least 5,000 General

Schedule employees; and

''(2) the term 'pay relative' shall have the meaning given such

term under regulations prescribed by the Bureau of Labor

Statistics.

''(b) Authority. - (1) The President may establish geographic

adjustments of up to 8 percent of basic pay which may be paid to

each General Schedule employee whose duty station is within any

area where such adjustment is needed (as determined under paragraph

(2)).

''(2) In determining areas where an interim geographic adjustment

is needed, the President shall consider available evidence of

significant pay disparities, including BLS information on pay

relatives and relevant commercial surveys, and recruitment or

retention problems.

''(c) Administration. - (1) An adjustment under this section

shall be administered, to the extent practicable, in the same

manner as locality-based comparability payments under subchapter I

of chapter 53 of title 5, United States Code (as amended by this

Act), including in terms of -

''(A) the basic pay to which a percentage is applied in

computing an amount payable under this section;

''(B) the purposes for which any amount under this section is

to be considered part of basic pay;

''(C) the time and manner in which amounts under this section

are to be paid (including any maximum rate limitation); and

''(D) the authority of the President, upon request of an agency

head, to extend this section to employees who would not otherwise

be covered.

''(2) No amount payable under this section shall be taken into

account in any survey or computation under, or for any other

purpose in the administration of, section 5304 of title 5, United

States Code (as so amended).

''(d) Commencement and Termination Rules. - (1) The effective

date of an adjustment under this section shall be as determined by

the President, but not later than January 1, 1994.

''(2)(A) The size of any payments under this section may be

reduced or terminated after the amendments made by section 101 of

this Act (section 529 (title I, Sec. 101) of Pub. L. 101-509, see

Tables for classification) take effect (see Effective Date of 1990

Amendment note set out under section 5301 of this title), except

that the reduction or termination of a payment under this section

may not have the effect of reducing, for the individual involved,

the total rate at which additional forms of basic pay (as defined

in subparagraph (B)) are payable to such individual.

''(B) The total rate to which subparagraph (A) applies is the sum

of -

''(i) the rate at which comparability payments (under section

5304 of title 5, United States Code, as amended by such Act), are

payable; and

''(ii) the rate at which payments under this section are

payable.

''(e) Employees Receiving Special Pay Rates. - The President (or

his designated agent) shall determine what, if any, geographic

adjustment shall be payable under this section in the case of an

employee whose rate of pay is fixed under section 5303 of title 5,

United States Code (as in effect before the date of enactment of

this Act (Nov. 5, 1990)), section 5305 of title 5, United States

Code (as amended by section 101 of this Act), or any similar

provision of law.

''(f) Effective Date. - This section shall take effect on the

date of enactment of this Act (Nov. 5, 1990).''

(Amendment by Pub. L. 103-89 to section 529 (title III, Sec. 302)

of Pub. L. 101-509, set out above, effective Nov. 1, 1993, see

section 3(c) of Pub. L. 103-89, set out as an Effective Date of

1993 Amendment note under section 3372 of this title.)

(Amendment by Pub. L. 102-378 to section 529 (title III, Sec.

302) 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.)

Interim geographic adjustments pursuant to section 529 (title

III, Sec. 302) of Pub. L. 101-509, set out above, were provided by

the following executive orders, formerly set out as notes under

section 5332 of this title, effective on the first day of first pay

period beginning on or after the effective date shown:

Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, effective Jan. 1,

1995.

Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, effective Jan.

1, 1993.

Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, effective Jan.

1, 1992.

Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, effective Jan.

1, 1991.

-EXEC-

EXECUTIVE ORDER NO. 11073

Ex. Ord. No. 11073, Jan. 7, 1963, 28 F.R. 203, as amended by Ex.

Ord. No. 11173, Aug. 20, 1964, 29 F.R. 11999, which provided for

Federal salary administration, was superseded by Ex. Ord. No.

11721, May 23, 1973, 38 F.R. 13717, formerly set out below.

EXECUTIVE ORDER NO. 11721

Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, as amended by

Ex. Ord. No. 12004, July 20, 1977, 42 F.R. 37527; Ex. Ord. No.

12107, Dec. 28, 1978, 44 F.R. 1055, which provided for

administration of the Federal pay system, was revoked by Ex. Ord.

No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out

under section 5301 of this title.

EX. ORD. NO. 12764. FEDERAL SALARY COUNCIL

Ex. Ord. No. 12764, June 5, 1991, 56 F.R. 26587, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

5304(e) of title 5, United States Code, as amended, and in order to

establish, in accordance with the provisions of the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), an advisory

committee on locality-based comparability payments for General

Schedule employees, it is hereby ordered as follows:

Section 1. Establishment. There is established a Federal Salary

Council (the ''Council''). The Council shall be composed of nine

members appointed by the President in accordance with section

5304(e)(1) of title 5, United States Code. The President shall

designate one of the members to serve as Chairman of the Council

and shall designate another member to serve as Vice Chairman of the

Council. The Vice Chairman shall act as Chairman in the absence of

the Chairman.

Sec. 2. Function. The Council shall meet with the President's Pay

Agent, as designated under section 2(a) of Executive Order No.

12748 of February 1, 1991 (5 U.S.C. 5301 note), to provide views

and recommendations regarding:

(a) the establishment or modification of pay localities;

(b) the coverage of annual surveys conducted by the Bureau of

Labor Statistics under subsection 5304(d)(1)(A) of title 5, United

States Code (including, but not limited to, the occupations,

establishment sizes, and industries to be surveyed, and how pay

localities are to be surveyed);

(c) the process of comparing the rates of pay payable under the

General Schedule with rates of pay for the same levels of work

performed by non-Federal workers; and

(d) the level of comparability payments that should be paid in

order to eliminate or reduce pay disparities in accordance with the

requirements of section 5304 of title 5, United States Coce.

Sec. 3. Administration. (a) Members of the Council shall receive

no pay by reason of their service on the Council.

(b) To the extent permitted by law and subject to the

availability of appropriations, the Office of Personnel Management

(the ''Office'') shall provide such facilities and administrative

support to the Council as the Director of the Office determines

appropriate.

(c) Notwithstanding the provisions of any other Executive order,

the functions of the President under the Federal Advisory Committee

Act, as amended (5 App. U.S.C.), except that of reporting to the

Congress, which are applicable to the Council, shall be performed

by the Director of the Office, in accordance with the guidelines

and procedures established by the Administrator of General

Services. George Bush.

LOCALITY-BASED COMPARABILITY PAYMENTS

Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended by

Ex. Ord. No. 13291, Sec. 3, Mar. 21, 2003, 68 F.R. 14525, set out

as a note under section 5332 of this title, provided in part for

payment of locality-based comparability payments effective on the

first day of the first applicable pay period beginning on or after

Jan. 1, 2003. See Schedule set out as follows:

Schedule 9

Locality-Based Comparability Payments

(Effective on the first day of the first applicable pay period

beginning on or after January 1, 2003)

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

Locality Pay Area (FOOTNOTE 1) Rate

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

Atlanta, GA 10.85%

Boston-Worcester-Lawrence, MA-NH- 15.00%

ME-CT-RI

Chicago-Gary-Kenosha, IL-IN-WI 16.15%

Cincinnati-Hamilton, OH-KY-IN 13.44%

Cleveland-Akron, OH 11.50%

Columbus, OH 11.78%

Dallas-Fort Worth, TX 12.10%

Dayton-Springfield, OH 10.67%

Denver-Boulder-Greeley, CO 14.77%

Detroit-Ann Arbor-Flint, MI 16.27%

Hartford, CT 15.56%

Houston-Galveston-Brazoria, TX 20.53%

Huntsville, AL 10.06%

Indianapolis, IN 9.83%

Kansas City, MO-KS 10.26%

Los Angeles-Riverside-Orange 17.71%

County, CA

Miami-Fort Lauderdale, FL 13.81%

Milwaukee-Racine, WI 11.20%

Minneapolis-St. Paul, MN-WI 12.84%

New York-Northern New Jersey-Long 16.83%

Island, NY-NJ-CT-PA

Orlando, FL 9.65%

Philadelphia-Wilmington-Atlantic 13.43%

City, PA-NJ-DE-MD

Pittsburgh, PA 10.52%

Portland-Salem, OR-WA 12.97%

Richmond-Petersburg, VA 10.75%

Sacramento-Yolo, CA 13.29%

St. Louis, MO-IL 9.99%

San Diego, CA 14.07%

San Francisco-Oakland-San Jose, 21.08%

CA

Seattle-Tacoma-Bremerton, WA 13.11%

Washington-Baltimore, DC-MD-VA-WV 12.74%

Rest of U.S. 9.62%

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

(FOOTNOTE 1) Locality Pay Areas are defined in 5 CFR 531.603.

Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided

for payment of locality-based comparability payments effective Jan.

1, 2002, was superseded by Ex. Ord. No. 13282, Dec. 31, 2002, 68

F.R. 1133, as amended, set out as a note under section 5332 of this

title.

Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057,

which provided for payment of locality-based comparability payments

effective Jan. 1, 2001, was superseded by Ex. Ord. No. 13249, Dec.

28, 2001, 67 F.R. 639, formerly set out as a note under section

5332 of this title.

Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which provided

for payment of locality-based comparability payments effective Jan.

1, 2000, was superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65

F.R. 82879, formerly set out as a note under section 5332 of this

title.

Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided

for payment of locality-based comparability payments effective Jan.

1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec.

21, 1999, 64 F.R. 72237, formerly set out as a note under section

5332 of this title.

Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided

for payment of locality-based comparability payments effective Jan.

1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63

F.R. 68151, formerly set out as a note under section 5332 of this

title.

Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided

for payment of locality-based comparability payments effective Jan.

1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62

F.R. 68521, formerly set out as a note under section 5332 of this

title.

Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided

for payment of locality-based comparability payments effective Jan.

1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61

F.R. 68987, formerly set out as a note under section 5332 of this

title.

Approval of locality-based comparability payments recommended by

the Director of the Office of Personnel Management was contained in

the following:

Memorandum of President of the United States, Nov. 30, 1994, 59

F.R. 62549.

Memorandum of President of the United States, Dec. 1, 1993, 58

F.R. 64097.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3161, 4505a, 5302, 5304a,

5305, 5392, 5542, 5543, 5545, 5547, 5753, 5754, 5755 of this title;

title 2 sections 609-1, 906; title 7 sections 2009aa-1, 2009bb-1;

title 20 section 1018; title 21 sections 379h, 379j; title 22

sections 3974, 4046, 4071d; title 28 section 594; title 35 section

3; title 40 section 14306; title 49 section 1113.

-CITE-

5 USC Sec. 5304a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5304a. Authority to fix an alternative level of comparability

payments

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1436.)

-MISC1-

EFFECTIVE DATE

Section effective on such date as the President shall determine,

but not earlier than 90 days, and not later than 180 days, after

Nov. 5, 1990, see section 529 (title III, Sec. 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 1994

Section 634 of Pub. L. 101-509 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 60a-1.

-CITE-

5 USC Sec. 5305 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5305. Special pay authority

-STATUTE-

(a) Whenever the President finds that the Government's

recruitment or retention efforts with respect to 1 or more

occupations in 1 or more areas or locations are, or are likely to

become, significantly handicapped, due to any of the circumstances

described in subsection (b), he may establish for the areas or

locations involved, with respect to individuals in positions paid

under any of the pay systems referred to in subsection (c), higher

minimum rates of basic pay for 1 or more grades or levels,

occupational groups, series, classes, or subdivisions thereof, and

may make corresponding increases in all step rates of the pay range

for each such grade or level. However, a minimum rate so

established may not exceed the maximum pay rate prescribed by

statute for the grade or level by more than 30 percent, and no rate

may be established under this section (disregarding any amount

payable under subsection (g)) in excess of the rate of basic pay

payable for level V of the Executive Schedule. The President may

authorize the exercise of the authority conferred on him by this

section by the Office of Personnel Management or, in the case of

individuals not subject to the provisions of this title governing

appointment in the competitive service, by such other agency as he

may designate.

(b) The circumstances referred to in subsection (a) are -

(1) rates of pay offered by non-Federal employers being

significantly higher than those payable by the Government within

the area, location, occupational group, or other class of

positions under the pay system involved;

(2) the remoteness of the area or location involved;

(3) the undesirability of the working conditions or the nature

of the work involved (including exposure to toxic substances or

other occupational hazards); or

(4) any other circumstances which the President (or an agency

duly authorized or designated by the President in accordance with

the last sentence of subsection (a)) considers appropriate.

(c) Authority under subsection (a) may be exercised with respect

to positions paid under -

(1) a statutory pay system; or

(2) any other pay system established by or under Federal

statute for civilian positions within the executive branch.

(d) Within the limitations applicable under the preceding

provisions of this section, rates of pay established under this

section may be revised from time to time by the President or by

such agency as he may designate. The actions and revisions have

the force and effect of statute.

(e) An increase in a rate of basic pay established under this

section is not an equivalent increase in pay within the meaning of

section 5335.

(f) The rate of basic pay established under this section and

received by an individual immediately before a statutory increase,

which becomes effective prior to, on, or after the date of

enactment of the statute, in the pay schedule applicable to such

individual of any pay system specified in subsection (c) of this

section, shall be initially adjusted, effective on the effective

date of the statutory increase, under conversion rules prescribed

by the President or by such agency as the President may designate.

(g)(1) The benefit of any comparability payments under section

5304 shall be available to individuals receiving rates of basic pay

established under this section to such extent as the President (or

his designated agency) considers appropriate, subject to paragraph

(2) and subsection (h).

(2) Payments under this subsection may not be made if, or to the

extent that, when added to basic pay otherwise payable, such

payments would cause the total to exceed the rate of basic pay

payable for level IV of the Executive Schedule.

(h) The rate of basic pay payable to an individual under this

section may not, at any time, be less than the rate which would

then be payable to such individual (taking comparability payments

under section 5304 into account) if this section had never been

enacted.

-SOURCE-

(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1946;

amended Pub. L. 94-82, title II, Sec. 202(c), Aug. 9, 1975, 89

Stat. 420; Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1436.)

-REFTEXT-

REFERENCES IN TEXT

Levels IV and V of the Executive Schedule, referred to in

subsecs. (a) and (g)(2), are set out in sections 5315 and 5316,

respectively, of this title.

The provisions of this title governing appointment in the

competitive service, referred to in subsec. (a), are classified

generally to section 3301 et seq. of this title.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-509 amended section generally, substituting

provisions authorizing President to make special pay increases

whenever recruitment or retention efforts are handicapped for

provisions requiring annual pay reports and adjustments,

authorizing alternative plan in years of emergency or when economic

conditions affect the general welfare, and setting forth procedure

where Congressional committee disapproves such alternative plan.

1975 - Subsec. (a)(3). Pub. L. 94-82, Sec. 202(c)(1), inserted

provision relating to specification in the report to the Congress

of the overall percentage of the adjustment in the rates of pay

under the General Schedule and under other statutory pay systems.

Subsec. (c)(1). Pub. L. 94-82, Sec. 202(c)(2), inserted provision

relating to specification in the report to the Congress of the

overall percentage of the adjustment in the rates of pay under the

General Schedule and under other statutory pay systems.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation of authorities of President under this section,

see Ex. Ord. No. 12748, Sec. 3, Feb. 1, 1991, 56 F.R. 4521, eff.

Feb. 3, 1991, set out as a note under section 5301 of this title.

-MISC5-

STAFFING DIFFERENTIALS

Section 529 (title II, Sec. 209) of Pub. L. 101-509, as amended

by Pub. L. 102-378, Sec. 3(3), Oct. 2, 1992, 106 Stat. 1355,

provided that:

''(a) In General. - Effective on the first day of the first

applicable pay period beginning on or after January 1, 1991, the

President may establish staffing differentials equal to 5 percent

of basic pay, which may be paid to each General Schedule employee

whose position is in -

''(1) grade GS-5 or 7 of the General Schedule;

''(2) a 2-grade-interval occupational series, as determined by

the Office of Personnel Management; or

''(3) any combination of classes of positions described in

paragraph (1) or (2) for which the President determines a

recruiting difficulty exists.

''(b) Manner of Payment; Reduction or Elimination. - A staffing

differential under this section -

''(1) shall be paid in the same manner and at the same time as

the employee's basic pay is paid, but may not be considered to be

part of basic pay for any purpose; and

''(2) may be reduced or eliminated by the Office of Personnel

Management in its sole discretion as the amendments made by this

Act take effect (see Effective Date of 1990 Amendment and Short

Title of 1990 Amendment notes set out under section 5301 of this

title), except that no such reduction or elimination shall have

the effect of reducing the total amount of pay (determined by

adding basic pay and staffing differential) which any employee is

receiving.''

(Authority of President under section 529 (title II, Sec. 209) of

Pub. L. 101-509, set out above, delegated to Office of Personnel

Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff.

May 4, 1991, set out as a note under section 5301 of this title.)

FEDERAL LAW ENFORCEMENT PAY REFORM

Pub. L. 106-554, Sec. 1(a)(4) (div. B, title IX, Sec. 907(a)),

Dec. 21, 2000, 114 Stat. 2763, 2763A-309, provided that:

''Beginning on the effective date of this Act (see section 1(a)(4)

(div. B, title IX, Sec. 909) of Pub. L. 106-554, set out in a

Conversion to New Salary Schedule note under section 204 of Title

3, The President) -

''(1) no existing special salary rates shall be authorized for

members of the United States Park Police under section 5305 of

title 5, United States Code (or any previous similar provision of

law); and

''(2) no special rates of pay or special pay adjustments shall

be applicable to members of the United States Park Police

pursuant to section 405 of the Federal Law Enforcement Pay Reform

Act of 1990 (section 529 (title IV, Sec. 405) of Pub. L. 101-509,

set out in a note below).''

Section 529 (title IV, Sec. 401-407) of Pub. L. 101-509, as

amended by Pub. L. 102-378, Sec. 3(5)-(9), Oct. 2, 1992, 106 Stat.

1356; Pub. L. 103-123, title VI, Sec. 628, Oct. 28, 1993, 107 Stat.

1266; Pub. L. 103-178, title III, Sec. 303(a), Dec. 3, 1993, 107

Stat. 2034; Pub. L. 105-61, title I, Sec. 118(e), Oct. 10, 1997,

111 Stat. 1288; Pub. L. 106-554, Sec. 1(a)(4) (div. B, title IX,

Sec. 907(b)), Dec. 21, 2000, 114 Stat. 2763, 2763A-309, provided

that:

''SEC. 401. SHORT TITLE.

''This title (section 529 (title IV, Sec. 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 this section and sections 4521,

5541, and 8335 of this title, and amending provisions set out as a

note under section 5541 of this title) may be cited as the 'Federal

Law Enforcement Pay Reform Act of 1990'.

''SEC. 402. DEFINITION.

''For the purposes of this title, except as otherwise provided,

the term 'law enforcement officer' means any law enforcement

officer within the meaning of section 5541(3) of title 5, United

States Code, with respect to whom the provisions of chapter 51 of

such title apply.

''SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.

''(a) Notwithstanding the procedures of section 5305 of title 5,

United States Code, as amended by section 101 of this Act, or

similar provision of law, higher minimum rates and corresponding

increases in all step rates of each designated General Schedule

grade shall be established for law enforcement officers in

accordance with the provisions of this section.

''(b)(1) Effective on the first day of the first applicable pay

period beginning on or after January 1, 1992, the higher minimum

rates to be established are as follows:

''GS-3 Step 4

''GS-4 Step 4

''GS-5 Step 4

''GS-6 Step 3

''GS-7 Step 3

''GS-8 Step 3

''GS-9 Step 2

''GS-10 Step 2

''(2) Effective on the first day of the first applicable pay

period beginning on or after January 1, 1993, the higher minimum

rates to be established are as follows:

''GS-3 Step 7

''GS-4 Step 7

''GS-5 Step 8

''GS-6 Step 6

''GS-7 Step 5

''GS-8 Step 3

''GS-9 Step 2

''GS-10 Step 2

''(c) The higher minimum rates and corresponding higher rates for

each step rate of each designated grade shall apply to every law

enforcement officer in the designated grades (except in the case of

any law enforcement officer for whom a higher rate is authorized

under section 5305 of title 5, United States Code, as amended by

section 101 of this Act, or similar provision of law) in the same

manner as rates established under section 5305 of such title, as so

amended, and may be increased in accordance with subsection (f) of

such section 5305.

''(d) Any interim entry-level adjustment under section 209 of

this Act (section 529 (title II, Sec. 209) of Pub. L. 101-509, set

out as a note above) which a law enforcement officer is receiving

shall be eliminated on the day before the effective date of the

higher minimum rates under subsection (b)(1).

''SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN

SELECTED CITIES.

''(a) A law enforcement officer shall be paid any applicable

special pay adjustment in accordance with the provisions of this

section, but such special pay adjustment shall be reduced by the

amount of any applicable interim geographic adjustment under

section 302 of this Act (section 529 (title III, Sec. 302) of Pub.

L. 101-509, set out as a note under section 5304 of this title),

any applicable locality-based comparability payment under section

5304 of title 5, United States Code, as amended by section 101 of

this Act, and, to the extent determined appropriate by the Office

of Personnel Management, any applicable special rate of pay under

section 5305 of such title, as so amended, or any similar provision

of law (other than section 403).

''(b)(1) Except as provided in subsection (a), effective on the

first day of the first applicable pay period beginning on or after

January 1, 1992, each law enforcement officer whose post of duty is

in one of the following areas shall receive an adjustment, which

shall be a percentage of the officer's rate of basic pay, as

follows:

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

''Area Differential

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

Boston-Lawrence-Salem, MA-NH 16%

Consolidated Metropolitan

Statistical Area

Chicago-Gary-Lake County, IL-IN- 4%

WI Consolidated Metropolitan

Statistical Area

Los Angeles-Anaheim-Riverside, CA 16%

Consolidated Metropolitan

Statistical Area

New York-Northern New Jersey-Long 16%

Island, NY-NJ-CT Consolidated

Metropolitan Statistical Area

Philadelphia-Wilmington-Trenton, 4%

PA-NJ-DE-MD Consolidated

Metropolitan Statistical Area

San Francisco-Oakland-San Jose, 16%

CA Consolidated Metropolitan

Statistical Area

San Diego, CA Metropolitan 8%

Statistical Area

Washington-Baltimore DC-MD-VA-WV 4%

Consolidated Metropolitan

Statistical Area

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

''(2) In the case of any area specified in paragraph (1) that

includes a portion, but not all, of a county, the Office of

Personnel Management may, at the request of the head of 1 or more

law enforcement agencies, extend the area specified in paragraph

(1) to include, for the purposes of this section, the entire

county, if the Office determines that such extension would be in

the interests of good personnel administration. Any such extension

shall be applicable to each law enforcement officer whose post of

duty is in the area of the extension.

''(c)(1) A special pay adjustment under this section shall be

administered, to the extent practicable, in the same manner as a

locality-based comparability payment under section 5304 of title 5,

United States Code, as amended by section 101 of this Act, and

shall be considered part of basic pay to the same degree as such a

locality-based comparability payment.

''(2) The Office of Personnel Management may prescribe such

regulations as it considers necessary concerning the payment of

special pay adjustments to law enforcement officers under this

section.

''SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.

''(a) The appropriate agency head (as defined in subsection (c))

shall prescribe regulations under which the purposes of sections

403, 404, and 407 shall be carried out with respect to individuals

holding positions described in subsection (b).

''(b) This subsection applies with respect to any -

''(1) special agent within the Diplomatic Security Service;

''(2) probation officer (referred to in section 3672 of title

18, United States Code); or

''(3) pretrial services officer (referred to in section 3153 of

title 18, United States Code).

''(c) For purposes of this section, the term 'appropriate agency

head' means -

''(1) with respect to any individual under subsection (b)(1),

the Secretary of State; or

''(2) with respect to any individual under subsection (b)(2) or

(b)(3), the Director of the Administrative Office of the United

States Courts.

''SEC. 406. FBI NEW YORK FIELD DIVISION.

''(a) The total pay of an employee of the Federal Bureau of

Investigation assigned to the New York Field Division before the

date of September 29, 1993, in a position covered by the

demonstration project conducted under section 601 of the

Intelligence Authorization Act for Fiscal Year 1989 (Public Law

100-453) (102 Stat. 1911) shall not be reduced as a result of the

termination of the demonstration project during the period that

employee remains employed after that date in a position covered by

the demonstration project.

''(b) Beginning on September 30, 1993, any periodic payment under

section 601(a)(2) of the Intelligence Authorization Act for Fiscal

Year 1989 (Pub. L. 100-453, 102 Stat. 1911) for any such employee

shall be reduced by the amount of any increase in basic pay under

title 5, United States Code, including the following provisions: an

annual adjustment under section 5303, locality-based comparability

payment under section 5304, initiation or increase in a special pay

rate under section 5305, promotion under section 5334, periodic

step increase under section 5335, merit increase under section

5404, or other increase to basic pay under any provision of law.

''SEC. 407. RELOCATION PAYMENTS.

''Notwithstanding section 5753(b)(1)(A) of title 5, United States

Code, as added by this Act, a law enforcement officer whose rate of

basic pay is less than $60,000 may receive a relocation payment of

up to $15,000 under section 5753.''

(Section 303(b) of Pub. L. 103-178 provided that: ''The amendment

made by subsection (a) (amending section 529 (title IV, Sec. 406)

of Pub. L. 101-509, set out above) shall take effect as of

September 30, 1993, and shall apply to the pay of employees to whom

the amendment applies that is earned on or after that date.'')

(For effective dates of amendments by section 3(5)-(9) of Pub. L.

102-378 to section 529 (title IV, Sec. 402, 403(d), 404(a), (b),

405(a)) of Pub. L. 101-509, set out above, see section 9(a),

(b)(6), (9) of Pub. L. 102-378, set out as an Effective Date of

1992 Amendment note under section 6303 of this title.)

REPORTING REQUIREMENT

Section 529 (title IV, Sec. 412) of Pub. L. 101-509 provided

that: ''Not later than January 1, 1993, the Office of Personnel

Management, in consultation with Federal law enforcement agencies

and law enforcement employee groups, shall submit to Congress, in

writing, a plan to establish a separate pay and classification

system for law enforcement officers and specifications for

legislation to implement such plan.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3326, 5363, 5542, 5543,

5545, 5547 of this title; title 18 section 3006A; title 21 section

848; title 31 section 325; title 49 section 1113.

-CITE-

5 USC Sec. 5306 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5306. Pay fixed by administrative action

-STATUTE-

(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 (FOOTNOTE 1) of title

40, and the Superintendent of Garages, House office buildings;

and

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1949;

amended Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1437; Pub. L. 102-378,

Sec. 2(27), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104-186, title

II, Sec. 215(3), Aug. 20, 1996, 110 Stat. 1745.)

-REFTEXT-

REFERENCES IN TEXT

Section 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.

-MISC2-

AMENDMENTS

1996 - 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.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5376, 5382 of this title;

title 2 section 2048; title 10 section 1602.

-CITE-

5 USC Sec. 5307 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

Sec. 5307. Limitation on certain payments

-STATUTE-

(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);

(FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

(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 (FOOTNOTE 2)

the limitations under subsection (a) with respect to such calendar

year.

(FOOTNOTE 2) So in original. Probably should be ''applying''.

(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 or section

332(f), 603, or 604 of title 28; 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 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.

(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) An agency's certification under this subsection shall be for

a period of 2 calendar years, except that such certification may be

terminated at any time, for purposes of either or both of those

years, 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).

-SOURCE-

(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1950;

amended Pub. L. 97-258, Sec. 3(a)(10), Sept. 13, 1982, 96 Stat.

1063; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(a)(1)),

Nov. 5, 1990, 104 Stat. 1427, 1438; Pub. L. 102-77, Sec. 2, July

26, 1991, 105 Stat. 369; Pub. L. 107-273, div. A, title II, Sec.

207(b), Nov. 2, 2002, 116 Stat. 1780; Pub. L. 107-296, title XIII,

Sec. 1322, Nov. 25, 2002, 116 Stat. 2297.)

-REFTEXT-

REFERENCES IN TEXT

Level 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-296, Sec. 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, Sec. 1322(b)(2), substituted ''this

section (subject to subsection (d)),'' for ''this section,''.

Subsec. (d). Pub. L. 107-296, Sec. 1322(a), added subsec. (d).

1991 - Subsec. (a). Pub. L. 102-77, Sec. 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, Sec. 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''.

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment 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, Sec. 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 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3152, 5383, 5948, 9501,

9502, 9505, 9701 of this title; title 8 section 1724; title 22

section 3965.

-CITE-

5 USC Sec. 5308 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER I - PAY COMPARABILITY SYSTEM

-HEAD-

(Sec. 5308. Omitted)

-COD-

CODIFICATION

Section, added Pub. L. 91-656, Sec. 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.

-CITE-

5 USC SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

.

-HEAD-

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4509, 5304, 5374,

5377, 5380, 9701 of this title; title 7 sections 2009aa-1,

2009bb-1; title 18 section 207; title 42 sections 3535, 4276; title

44 section 303.

-CITE-

5 USC Sec. 5311 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5311. The Executive Schedule

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 95-454, title

IV, Sec. 408(b)(1), 414(b)(1), Oct. 13, 1978, 92 Stat. 1173, 1178;

Pub. L. 96-54, Sec. 2(a)(24), Aug. 14, 1979, 93 Stat. 382; Pub. L.

100-325, Sec. 2(h)(1), (2), May 30, 1988, 102 Stat. 582; Pub. L.

101-509, title V, Sec. 529 (title I, Sec. 104(c)), Nov. 5, 1990,

104 Stat. 1427, 1447.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 2210. Aug. 14, 1964, Pub.

L. 88-426, Sec.

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.

AMENDMENTS

1990 - 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, Sec. 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, Sec. 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, Sec. 408(b)(1), inserted reference to

Senior Executive Service positions.

Pub. L. 95-454, Sec. 414(b)(1), designated existing provisions as

subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

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 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 CONGRESS

Section 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 21 section 1703; title 33

section 2309.

-CITE-

5 USC Sec. 5312 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5312. Positions at level I

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec.

10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, Sec.

6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-618, title I,

Sec. 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94-82,

title II, Sec. 202(b)(1), Aug. 9, 1975, 89 Stat. 419; Pub. L.

95-91, title VII, Sec. 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L.

96-54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L.

96-88, title V, Sec. 508(c), (g), Oct. 17, 1979, 93 Stat. 692; Pub.

L. 97-456, Sec. 3(d)(1), (5), Jan. 12, 1983, 96 Stat. 2505; Pub. L.

99-198, title XI, Sec. 1113(d), Dec. 23, 1985, 99 Stat. 1480; Pub.

L. 99-260, Sec. 4(c), Mar. 20, 1986, 100 Stat. 49; Pub. L. 100-527,

Sec. 13(c), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-679, Sec.

11(a), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100-690, title I,

Sec. 1003(a)(4)(A), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 103-296,

title I, Sec. 108(e)(1), Aug. 15, 1994, 108 Stat. 1486; Pub. L.

105-277, div. C, title VII, Sec. 713(a)(1), Oct. 21, 1998, 112

Stat. 2681-693; Pub. L. 106-569, title X, Sec. 1002(a)(1), Dec. 27,

2000, 114 Stat. 3028; Pub. L. 107-296, title XVII, Sec. 1702(a)(1),

Nov. 25, 2002, 116 Stat. 2313.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 2211(a). Aug. 14, 1964, Pub.

L. 88-426, Sec.

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.

-COD-

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.

-MISC3-

AMENDMENTS

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, Sec. 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, Sec. 3(d)(5), substituted ''United States

Trade Representative'' for ''Special Representative for Trade

Negotiations''.

1979 - Pub. L. 96-88, Sec. 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, Sec. 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.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 AMENDMENT

Pub. L. 106-569, title X, Sec. 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 AMENDMENTS

Amendment 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.

Section 11(e) of Pub. L. 100-679 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 AMENDMENTS

Amendment 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.

Section 2(a)(25)(B) of Pub. L. 96-54 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 AMENDMENT

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.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment 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 Sec. 15(a), of Pub. L.

89-670.

SHORT TITLE OF 1975 AMENDMENT

Section 201 of title II of Pub. L. 94-82 provided that: ''This

title (enacting section 5318 of this title and section 461 of Title

28, Judiciary and Judicial Procedure, amending sections 5305, 5312,

5313, 5314, 5315 and 5316 of this title, sections 31, 60a note,

136a, 136a-1 and 356 of Title 2, The Congress, section 104 of Title

3, The President, section 68 of Title 11, Bankruptcy, sections 5,

44, 135, 173, 213, 252 and 792 of Title 28, sections 42a and 51a of

former Title 31, Money and Finance, sections 162a and 166b of

former Title 40, Public Buildings, Property, and Works, and section

303 of Title 44, Public Printing and Documents, and enacting

provisions set out as a note under section 356 of Title 2) may be

cited as the 'Executive Salary Cost-of-Living Adjustment Act'.''

SALARY INCREASES

2003 - Salaries of positions at level I increased to $171,900 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2003, as provided by Ex. Ord. No. 13282, Dec.

31, 2002, 68 F.R. 1133, set out as a note under section 5332 of

this title.

2002 - Salaries of positions at level I increased to $166,700 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2002, as provided by Ex. Ord. No. 13249, Dec.

28, 2001, 67 F.R. 639.

2001 - Salaries of positions at level I increased to $161,200 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2001, as provided by Ex. Ord. No. 13182, Dec.

23, 2000, 65 F.R. 82879, 66 F.R. 10057.

2000 - Salaries of positions at level I increased to $157,000 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec.

21, 1999, 64 F.R. 72237.

1999 - Salaries of positions at level I continued at $151,800 per

annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.

1998 - Salaries of positions at level I increased to $151,800 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec.

29, 1997, 62 F.R. 68521.

1997 - Salaries of positions at level I continued at $148,400 per

annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.

1996 - Salaries of positions at level I continued at $148,400 per

annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.

1995 - Salaries of positions at level I continued at $148,400 per

annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.

1993 - Salaries of positions at level I increased to $148,400 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec.

30, 1992, 57 F.R. 62909.

1992 - Salaries of positions at level I increased to $143,800 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec.

26, 1991, 56 F.R. 67453.

1991 - Salaries of positions at level I increased to $138,900 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec.

12, 1990, 55 F.R. 51385.

1990 - Salaries of positions at level I continued at $99,500 per

annum, and increased to $107,300 per annum, effective on the first

day of the first pay period beginning on or after Jan. 31, 1990, as

provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.

1989 - Salaries of positions at level I continued at $99,500 per

annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.

1988 - Salaries of positions at level I continued at $99,500 per

annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.

1987 - Salaries of positions at level I increased to $99,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

Salaries of positions at level I increased to $88,800 per annum,

effective on the first day of the first pay period beginning on or

after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31,

1986, 52 F.R. 505.

1985 - Salaries of positions at level I increased to $86,200 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec.

28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30,

1985, 51 F.R. 577.

1984 - Salaries of positions at level I increased to $83,300 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec.

30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984,

49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.

1982 - Salaries of positions at level I increased to $88,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct.

8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that

pursuant to section 101(e) of Pub. L. 97-276 funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1982, which was $69,630.00.

Maximum rate payable after Dec. 17, 1982, increased from

$69,630.00 to $80,100.00, see Pub. L. 97-377, title I, Sec.

129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under

section 5318 of this title.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of this title.

1981 - Salaries of positions at level I increased to $85,200 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct.

15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that

pursuant to section 101(c) of Pub. L. 97-51 funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1981, which was $69,630.00.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of this title.

1980 - Salaries of positions at level I increased to $81,300 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct.

16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that

pursuant to section 101(c) of Pub. L. 96-369, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1980, which was $69,630.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of this title.

1979 - Salaries of positions at level I increased to $74,500 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct.

9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12,

1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that

pursuant to section 101(c) of Pub. L. 96-86 funds appropriated for

fiscal year 1980 may not be used to pay a salary at a rate which

exceeds an increase of 5.5 percent over the rate in effect on Sept.

30, 1978, which is a maximum rate payable of $69,630.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 3, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of this title.

1978 - Salaries of positions at level I increased to $69,600 per

annum, effective in the first pay period beginning on or after Oct.

1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R.

46823. Ex. Ord. No. 12087, further provided that pursuant to the

Legislative Branch Appropriation Act, 1979, funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1978, which was $66,000.

Limitations on use of funds for fiscal year ending Sept. 30,

1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of this title.

1977 - Salaries of positions at level I increased to $66,000 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

1976 - Salaries of positions at level I increased to $66,000 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41

F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to

the Legislative Branch Appropriation Act, 1977, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1976, which was $63,000.

1975 - Salaries of positions at level I increased to $63,000 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40

F.R. 47091.

1969 - Salaries of positions at level I increased from $35,000 to

$60,000 per annum, commencing on the first day of the pay period

which begins after February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2, The Congress.

COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE TREASURY AT LEVEL

IN EFFECT ON JANUARY 1, 1989

For provisions limiting compensation and emoluments of Secretary

of the Treasury at levels in effect on Jan. 1, 1989, see section

1(a) of 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, 1977

Pub. L. 96-241, Sec. 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, 1969

Provisions of Pub. L. 93-178, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5315, 5377, 5380, 8432 of

this title; title 2 section 362; title 10 sections 973, 1603; title

12 section 1723a; title 18 section 207; title 22 section 4606;

title 24 section 415; title 26 sections 162, 3121, 7217; title 28

section 591; title 31 section 1344; title 38 section 7432; title 39

section 1003; title 42 sections 410, 7211, 7291; title 47 section

396; title 49 sections 106, 24315; title 50 App. section 2074.

-CITE-

5 USC Sec. 5313 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5313. Positions at level II

-STATUTE-

Level II of the Executive Schedule applies to the following

positions, for which the annual rate of basic pay shall be the rate

determined with respect to such level under chapter 11 of title 2,

as adjusted by section 5318 of this title:

Deputy Secretary of Defense.

Deputy Secretary of State.

Deputy Secretary of State for Management and Resources.

Administrator, Agency for International Development.

Administrator of the National Aeronautics and Space

Administration.

Deputy Secretary of Veterans Affairs.

Deputy Secretary of Homeland Security.

Deputy Secretary of the Treasury.

Deputy Secretary of Transportation.

Chairman, Nuclear Regulatory Commission.

Chairman, Council of Economic Advisers.

Director of the Office of Science and Technology.

Director of Central Intelligence.

Secretary of the Air Force.

Secretary of the Army.

Secretary of the Navy.

Administrator, Federal Aviation Administration.

Director of the National Science Foundation.

Deputy Attorney General.

Deputy Secretary of Energy.

Deputy Secretary of Agriculture.

Director of the Office of Personnel Management.

Administrator, Federal Highway Administration.

Administrator of the Environmental Protection Agency.

Under Secretary of Defense for Acquisition, Technology, and

Logistics.

Deputy Secretary of Labor.

Deputy Director of the Office of Management and Budget.

Independent Members, Thrift Depositor Protection Oversight

Board.

Deputy Secretary of Health and Human Services.

Deputy Secretary of the Interior.

Deputy Secretary of Education.

Deputy Secretary of Housing and Urban Development.

Deputy Director for Management, Office of Management and

Budget.

Director of the Office of Federal Housing Enterprise Oversight,

Department of Housing and Urban Development.

Deputy Commissioner of Social Security, Social Security

Administration.

Administrator of the Community Development Financial

Institutions Fund.

Deputy Director of National Drug Control Policy.

Members, Board of Governors of the Federal Reserve System.

The Under Secretary of Transportation for Security.

Under Secretary of Transportation for Policy.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec.

10(d)(2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(13),

Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-407, Sec. 15(a)(1), July

18, 1968, 82 Stat. 366; Pub. L. 91-644, title I, Sec. 8(b), Jan. 2,

1971, 84 Stat. 1888; Pub. L. 92-255, title II, Sec. 212(a), Mar.

21, 1972, 86 Stat. 69; Pub. L. 92-302, Sec. 2(a), May 18, 1972, 86

Stat. 149; Pub. L. 92-352, title I, Sec. 104(1), July 13, 1972, 86

Stat. 490; Pub. L. 92-596, Sec. 6, Oct. 27, 1972, 86 Stat. 1318;

Pub. L. 93-438, title III, Sec. 310(1), Oct. 11, 1974, 88 Stat.

1252; Pub. L. 93-496, Sec. 16(c), Oct. 28, 1974, 88 Stat. 1533;

Pub. L. 94-82, title II, Sec. 202(b)(2), Aug. 9, 1975, 89 Stat.

419; Pub. L. 94-237, Sec. 4(c)(6), Mar. 19, 1976, 90 Stat. 244;

Pub. L. 94-561, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L.

95-91, title VII, Sec. 710(d), Aug. 4, 1977, 91 Stat. 609; Pub. L.

95-140, Sec. 3(d)(1), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-454,

title II, Sec. 201(b)(1), Oct. 13, 1978, 92 Stat. 1121; Pub. L.

96-54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L.

96-465, title II, Sec. 2302, Oct. 17, 1980, 94 Stat. 2164; Pub. L.

97-449, Sec. 3(1), 7(b), Jan. 12, 1983, 96 Stat. 2441, 2444; Pub.

L. 98-80, Sec. 2(a)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L.

98-216, Sec. 3(a)(1), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99-348,

title V, Sec. 501(d)(1), July 1, 1986, 100 Stat. 708; Pub. L.

99-619, Sec. 2(a)(2), Nov. 6, 1986, 100 Stat. 3491; Pub. L.

100-204, title I, Sec. 178(a)(1), Dec. 22, 1987, 101 Stat. 1362;

Pub. L. 100-527, Sec. 13(d), Oct. 25, 1988, 102 Stat. 2643; Pub. L.

100-679, Sec. 11(b), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 101-73,

title V, Sec. 501(c), Aug. 9, 1989, 103 Stat. 394; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 112(b)), Nov. 5, 1990, 104 Stat.

1427, 1454; Pub. L. 101-576, title II, Sec. 207(a), Nov. 15, 1990,

104 Stat. 2846; Pub. L. 102-233, title III, Sec. 315(b), Dec. 12,

1991, 105 Stat. 1772; Pub. L. 102-550, title XIII, Sec. 1351(a),

Oct. 28, 1992, 106 Stat. 3969; Pub. L. 103-160, div. A, title IX,

Sec. 904(e)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-296,

title I, Sec. 108(e)(2), Aug. 15, 1994, 108 Stat. 1486; Pub. L.

103-325, title I, Sec. 104(i), Sept. 23, 1994, 108 Stat. 2169; Pub.

L. 105-277, div. C, title VII, Sec. 713(a)(2), div. G, subdiv.

A, title XII, Sec. 1224(1), title XIII, Sec. 1332(1), Oct. 21,

1998, 112 Stat. 2681-693, 2681-772, 2681-785; Pub. L. 106-65, div.

A, title IX, Sec. 911(e), Oct. 5, 1999, 113 Stat. 719; Pub. L.

106-553, Sec. 1(a)(2) (title IV, Sec. 404(b)), Dec. 21, 2000, 114

Stat. 2762, 2762A-96; Pub. L. 106-569, title X, Sec. 1002(a)(2),

Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107-71, title I, Sec.

101(c)(1), Nov. 19, 2001, 115 Stat. 602; Pub. L. 107-295, title II,

Sec. 215(b), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 107-296, title

XVII, Sec. 1702(a)(2), Nov. 25, 2002, 116 Stat. 2313.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 2211(b) Aug. 14, 1964, Pub.

(less (15)). L. 88-426, Sec.

303(b) (less (15)),

78 Stat. 416.

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

The proviso in paragraph (15) of former section 2211(b) is

carried into section 5314. The remainder of paragraph (15) is

omitted but not repealed, see table III. The part of paragraph (15)

that is omitted but not repealed provides that the position of

Director of the Federal Bureau of Investigation shall be in Level

II of the Federal Executive Salary Schedule so long as the position

is held by the incumbent of the position on August 14, 1964. The

omission of this provision from title 5, without repealing the

corresponding provision of the source statute, in effect leaves

existing statute unchanged insofar as it relates to the present

incumbent of the position of Director of the Federal Bureau of

Investigation.

Standard changes are made to conform with the definitions

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

to the report.

1967 ACT

The deletion of paragraph (6) of 5 U.S.C. 5313 reflects the

abolition of the position of ''Administrator of the Housing and

Home Finance Agency'' by the act of September 9, 1965, Public Law

89-174, sections 5(a), 9(c), 79 Stat. 669, 671.

AMENDMENTS

2002 - Pub. L. 107-296 inserted item relating to Deputy Secretary

of Homeland Security.

Pub. L. 107-295 inserted item relating to Under Secretary of

Transportation for Policy.

2001 - Pub. L. 107-71 inserted item relating to Under Secretary

of Transportation for Security.

2000 - Pub. L. 106-569 struck out item relating to Chairman,

Board of Governors of the Federal Reserve System and inserted item

relating to Members, Board of Governors of the Federal Reserve

System.

Pub. L. 106-553 inserted item relating to Deputy Secretary of

State for Management and Resources.

1999 - Pub. L. 106-65 substituted ''Under Secretary of Defense

for Acquisition, Technology, and Logistics'' for ''Under Secretary

of Defense for Acquisition and Technology''.

1998 - Pub. L. 105-277, Sec. 1332(1), struck out item relating to

Director of the United States Information Agency.

Pub. L. 105-277, Sec. 1224(1), struck out item relating to

Director of the United States Arms Control and Disarmament Agency.

Pub. L. 105-277, Sec. 713(a)(2), inserted item relating to Deputy

Director of National Drug Control Policy.

1994 - Pub. L. 103-325 inserted item relating to Administrator of

the Community Development Financial Institutions Fund.

Pub. L. 103-296 inserted item relating to Deputy Commissioner of

Social Security, Social Security Administration.

1993 - Pub. L. 103-160 substituted ''Under Secretary of Defense

for Acquisition and Technology'' for ''Under Secretary of Defense

for Acquisition''.

1992 - Pub. L. 102-550 inserted item relating to Director of the

Office of Federal Housing Enterprise Oversight, Department of

Housing and Urban Development.

1991 - Pub. L. 102-233 substituted ''Independent Members, Thrift

Depositor Protection Oversight Board'' for ''Independent Members,

Oversight Board, Resolution Trust Corporation''.

1990 - Pub. L. 101-576 inserted item relating to Deputy Director

for Management, Office of Management and Budget.

Pub. L. 101-509 inserted items relating to Deputy Secretary of

Health and Human Services, Deputy Secretary of the Interior, Deputy

Secretary of Education, and Deputy Secretary of Housing and Urban

Development.

1989 - Pub. L. 101-73 inserted item relating to Independent

Members, Oversight Board, Resolution Trust Corporation.

1988 - Pub. L. 100-679 inserted item relating to Deputy Director

of Office of Management and Budget and struck out item relating to

Director of Office of Management and Budget.

Pub. L. 100-527 substituted ''Deputy Secretary of Veterans

Affairs'' for ''Administrator of Veterans' Affairs''.

1987 - Pub. L. 100-204 struck out item relating to Ambassadors at

Large.

1986 - Pub. L. 99-619 inserted item relating to Deputy Secretary

of Labor.

Pub. L. 99-348 inserted item relating to Under Secretary of

Defense for Acquisition.

1984 - Pub. L. 98-216 substituted ''Director of the Office of

Management and Budget'' for ''Director of the Bureau of the

Budget''.

1983 - Pub. L. 98-80 inserted item relating to Administrator of

Environmental Protection Agency.

Pub. L. 97-499, Sec. 3(1), inserted item relating to

Administrator, Federal Highway Administration.

1980 - Pub. L. 96-465 inserted item relating to Ambassadors at

Large.

1979 - Pars. (1)-(24). Pub. L. 96-54 struck out paragraph

designations for positions listed herein.

1978 - Par. (24). Pub. L. 95-454 added par. (24) relating to

Director of Office of Personnel Management.

1977 - Par. (1). Pub. L. 95-140 substituted ''Deputy Secretary of

Defense'' for ''Deputy Secretaries of Defense (2)''.

Par. (22). Pub. L. 95-91 substituted ''Deputy Secretary of

Energy'' for ''Administrator of Energy Research and Development

Administration''.

1976 - Par. (21). Pub. L. 94-237 struck out par. (21) relating to

Director of Special Action Office for Drug Abuse Prevention.

Par. (23). Pub. L. 94-561 added par. (23) relating to Deputy

Secretary of Agriculture.

1975 - Pub. L. 94-82 substituted provisions applying level II 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 II to positions for which annual

rate of basic pay is $30,000.

1974 - Par. (7). Pub. L. 93-496 substituted ''Deputy Secretary of

Transportation'' for ''Under Secretary for Transportation''.

Par. (8). Pub. L. 93-438 substituted ''Chairman, Nuclear

Regulatory Commission'' for ''Chairman, Atomic Energy Commission''.

Par. (22). Pub. L. 93-438 added par. (22) relating to Deputy

Secretary of Energy.

1972 - Par. (1). Pub. L. 92-596 substituted ''Deputy Secretaries

of Defense (2)'' for ''Deputy Secretary of Defense''.

Par. (2). Pub. L. 92-352 substituted ''Deputy Secretary of

State'' for ''Under Secretary of State''.

Par. (6). Pub. L. 92-302 added par. (6) relating to Deputy

Secretary of the Treasury. A prior par. (6), ''Administrator of the

Housing and Home Finance Agency,'' was repealed by Pub. L. 90-83,

Sec. 1(13), Sept. 11, 1967, 81 Stat. 198.

Par. (21). Pub. L. 92-255 added par. (21) relating to Director of

Special Action Office for Drug Abuse Prevention.

1971 - Par. (20). Pub. L. 91-644 added par. (20) relating to

position of Deputy Attorney General being formerly level III under

former section 5314(1) of this title.

1968 - Par. (19). Pub. L. 90-407 added par. (19) relating to

Director of National Science Foundation.

1966 - Pub. L. 89-670 substituted ''Under Secretary of

Transportation'' for ''Administrator of the Federal Aviation

Agency'' in item (7), and inserted item (19) relating to

Administrator, Federal Aviation Administration.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment 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 AMENDMENT

Amendment by Pub. L. 106-569 effective 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 Dec.

27, 2000, see section 1002(b) of Pub. L. 106-569, set out as a note

under section 5312 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1224(1) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of Title 22, Foreign Relations and

Intercourse.

Amendment by section 1332(1) of Pub. L. 105-277 effective Oct. 1,

1999, see section 1301 of Pub. L. 105-277, set out as an Effective

Date note under section 6531 of Title 22, Foreign Relations and

Intercourse.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section

318 of Pub. L. 102-233, set out as a note under section 1441 of

Title 12, Banks and Banking.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on first day of first pay

period beginning on or after Nov. 5, 1990, with continued service

by incumbent Under Secretary of Health and Human Services, Under

Secretary of the Interior, Under Secretary of Education, and Under

Secretary of Housing and Urban Development, see section 529 (title

I, Sec. 112(e)) of Pub. L. 101-509, set out as a note under section

3404 of Title 20, Education.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section

11(e) of Pub. L. 100-679, set out as a note under section 5312 of

this title.

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 1987 AMENDMENT

Section 178(b) of Pub. L. 100-204 provided that: ''The amendments

made by subsection (a) (amending sections 5313 and 5315 of this

title) shall take effect 30 days after the date of enactment of

this Act (Dec. 22, 1987) and shall not affect the salary of any

individual holding the rank of Ambassador at Large immediately

before the date of enactment of this Act during the period such

individual continues to serve in such position.''

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-619 applicable to incumbent Under

Secretary of Labor on Nov. 6, 1986, serving after such date, see

section 2(f)(1) of Pub. L. 99-619, set out as a Present Incumbent

note under section 552 of Title 29, Labor.

EFFECTIVE DATE OF 1980 AMENDMENT

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.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section

2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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 1976 AMENDMENT

Section 5 of Pub. L. 94-561 provided that:

''(a) Except as otherwise provided in this section, this Act

(enacting section 2212b of Title 7, Agriculture, amending sections

5313 to 5316 of this title, sections 2210 and 2211 of Title 7, and

section 714g of Title 15, Commerce and Trade, and enacting

provisions set out as a note under section 2210 of Title 7) shall

take effect on its date of enactment (Oct. 19, 1976).

''(b) Subsection (b)(1) of section 3 of this Act (amending

section 5316 of this title) shall take effect upon appointment of a

Presidential appointee to fill the successor position created by

section 2 of this Act (section 2212b of Title 7).''

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment of Pub. L. 93-438 effective 120 days after Oct. 11,

1974, or on such earlier date as President may prescribe and

publish in Federal Register, except that officers provided for in

sections 5811 to 5820 of Title 42, The Public Health and Welfare,

may be nominated and appointed at any time after Oct. 11, 1974, see

section 312(a) of Pub. L. 93-438, set out as an Effective Date;

Interim Appointments note under section 5801 of Title 42.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3

of Pub. L. 92-302, May 18, 1972, 86 Stat. 149.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 15(a)(4) of Pub. L. 90-407 provided that: ''The

amendments made by this subsection (amending sections 5313, 5314,

and 5316 of this title) (and the amendments made by sections 3 and

4 of this Act (amending section 1864 and enacting section 1864a of

Title 42, The Public Health and Welfare) insofar as they relate to

rates of basic pay) shall take effect on the first day of the first

calendar month which begins on or after the date of the enactment

of this Act (July 18, 1968).''

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective April 1, 1967, see section

16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No.

11340, Mar. 30, 1967, 32 F.R. 5453.

-TRANS-

TRANSFER OF FUNCTIONS

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

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

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.

Office of Director of Office of Science and Technology abolished

and functions vested by law in such office transferred to Director

of the National Science Foundation by sections 2 and 3(a)(5) of

1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the

Appendix to this title.

-MISC5-

BONUS ELIGIBILITY OF UNDER SECRETARY OF TRANSPORTATION FOR SECURITY

Pub. L. 107-71, title I, Sec. 101(c)(2), Nov. 19, 2001, 115 Stat.

602, provided that: ''In addition to the annual rate of pay

authorized by section 5313 of title 5, United States Code, the

Under Secretary may receive a bonus for any calendar year not to

exceed 30 percent of the annual rate of pay, based on the

Secretary's evaluation of the Under Secretary's performance.''

SALARY INCREASES

2003 - Salaries of positions at level II increased to $154,700

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2003, as provided by Ex. Ord. No.

13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note under section

5332 of this title.

2002 - Salaries of positions at level II increased to $150,000

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2002, as provided by Ex. Ord. No.

13249, Dec. 28, 2001, 67 F.R. 639.

2001 - Salaries of positions at level II increased to $145,100

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2001, as provided by Ex. Ord. No.

13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057.

2000 - Salaries of positions at level II increased to $141,300

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No.

13144, Dec. 21, 1999, 64 F.R. 72237.

1999 - Salaries of positions at level II continued at $136,700

per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.

1998 - Salaries of positions at level II increased to $136,700

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No.

13071, Dec. 29, 1997, 62 F.R. 68521.

1997 - Salaries of positions at level II continued at $133,600

per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.

1996 - Salaries of positions at level II continued at $133,600

per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.

1995 - Salaries of positions at level II continued at $133,600

per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.

1993 - Salaries of positions at level II increased to $133,600

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No.

12826, Dec. 30, 1992, 57 F.R. 62909.

1992 - Salaries of positions at level II increased to $129,500

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No.

12786, Dec. 26, 1991, 56 F.R. 67453.

1991 - Salaries of positions at level II increased to $125,100

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No.

12736, Dec. 12, 1990, 55 F.R. 51385.

1990 - Salaries of positions at level II continued at $89,500 per

annum, and increased to $96,600 per annum, effective on the first

day of the first pay period beginning on or after Jan. 31, 1990, as

provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.

1989 - Salaries of positions at level II continued at $89,500 per

annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.

1988 - Salaries of positions at level II continued at $89,500 per

annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.

1987 - Salaries of positions at level II increased to $89,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

Salaries of positions at level II increased to $77,400 per annum,

effective on the first day of the first pay period beginning on or

after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31,

1986, 52 F.R. 505.

1985 - Salaries of positions at level II increased to $75,100 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec.

28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30,

1985, 51 F.R. 577.

1984 - Salaries of positions at level II increased to $72,600 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec.

30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984,

49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.

1982 - Salaries of positions at level II increased to $77,300 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct.

8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that

pursuant to section 101(e) of Pub. L. 97-276 funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1982, which was $60,662.50.

Maximum rate payable after Dec. 17, 1982, increased from

$60,662.50 to $69,800.00, see Pub. L. 97-377, title I, Sec.

129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under

section 5318 of this title.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of this title.

1981 - Salaries of positions at level II increased to $74,300 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct.

15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that

pursuant to section 101(c) of Pub. L. 97-51 funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1981, which was $60,662.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of this title.

1980 - Salaries of positions at level II increased to $70,900 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct.

16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that

pursuant to section 101(c) of Pub. L. 96-369, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1980, which was $60,662.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of this title.

1979 - Salaries of positions at level II increased to $65,000 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct.

9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12,

1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that

pursuant to section 101(c) of Pub. L. 96-86 funds appropriated for

fiscal year 1980 may not be used to pay a salary at a rate which

exceeds an increase of 5.5 percent over the rate in effect on Sept.

30, 1978, which is a maximum rate payable of $60,662.50.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of this title.

1978 - Salaries of positions at level II increased to $60,700 per

annum, effective in the first pay period beginning on or after Oct.

1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R.

46823. Ex. Ord. No. 12087, further provided that pursuant to the

Legislative Branch Appropriation Act, 1979, funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1978, which was $57,500.

Limitations on use of funds for fiscal year ending Sept. 30,

1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of this title.

1977 - Salaries of positions at level II increased to $57,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

1976 - Salaries of positions at level II increased to $46,800 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41

F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to

the Legislative Branch Appropriation Act, 1977, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1976, which was $44,600.

1975 - Salaries of positions at level II increased to $44,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40

F.R. 47091.

1969 - Salaries of positions at level II increased from $30,000

to $42,500 per annum, commencing on the first day of the pay period

which begins after February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2, The Congress.

PAY INCREASE; EFFECTIVE DATE

Persons occupying a position under the Executive Schedule on May

18, 1972, and later appointed to a position created or authorized

by Pub. L. 92-302, not eligible to an increase on basic pay until

Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86

Stat. 149.

DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF

JUSTICE

Director of Federal Bureau of Investigation, Department of

Justice to receive compensation at rate prescribed for level II of

Federal Executive Salary Schedule (this section), effective as of

day following date on which person holding such office on June 19,

1968, ceases to serve as Director, see section 1101(a) of Pub. L.

90-351, June 19, 1968, 82 Stat. 236, set out as a note under

section 532 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5315, 5377, 5380, 8432 of

this title; title 2 sections 136a-2, 362; title 3 sections 105,

106, 108; title 10 section 973; title 18 section 207; title 22

section 3961; title 25 section 4042; title 26 section 3121; title

28 section 591; title 31 section 703; title 42 sections 210, 410,

1864, 4346, 5871, 5872, 6612, 7132, 7211, 7291, 7293; title 49

section 106.

-CITE-

5 USC Sec. 5314 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5314. Positions at level III

-STATUTE-

Level III of the Executive Schedule applies to the following

positions, for which the annual rate of basic pay shall be the rate

determined with respect to such level under chapter 11 of title 2,

as adjusted by section 5318 of this title:

Solicitor General of the United States.

Under Secretary of Commerce, Under Secretary of Commerce for

Economic Affairs, Under Secretary of Commerce for Export

Administration, and Under Secretary of Commerce for Travel and

Tourism.

Under Secretaries of State (6).

Under Secretaries of the Treasury (3).

Administrator of General Services.

Administrator of the Small Business Administration.

Deputy Administrator, Agency for International Development.

Chairman of the Merit Systems Protection Board.

Chairman, Federal Communications Commission.

Chairman, Board of Directors, Federal Deposit Insurance

Corporation.

Chairman, Federal Energy Regulatory Commission.

Chairman, Federal Trade Commission.

Chairman, Surface Transportation Board.

Chairman, National Labor Relations Board.

Chairman, Securities and Exchange Commission.

Chairman, Board of Directors of the Tennessee Valley Authority.

Chairman, National Mediation Board.

Chairman, Railroad Retirement Board.

Chairman, Federal Maritime Commission.

Comptroller of the Currency.

Commissioner of Internal Revenue.

Under Secretary of Defense for Policy.

Under Secretary of Defense (Comptroller).

Under Secretary of Defense for Personnel and Readiness.

Under Secretary of Defense for Intelligence.

Deputy Administrator of the National Aeronautics and Space

Administration.

Deputy Directors of Central Intelligence (2).

Director of the Office of Emergency Planning.

Director of the Peace Corps.

Deputy Director, National Science Foundation.

President of the Export-Import Bank of Washington.

Members, Nuclear Regulatory Commission.

Members, Defense Nuclear Facilities Safety Board.

Director of the Federal Bureau of Investigation, Department of

Justice.

Administrator of the National Highway Traffic Safety

Administration.

Administrator of the Federal Motor Carrier Safety

Administration.

Administrator, Federal Railroad Administration.

Chairman, National Transportation Safety Board.

Chairman of the National Endowment for the Arts the incumbent

of which also serves as Chairman of the National Council on the

Arts.

Chairman of the National Endowment for the Humanities.

Director of the Federal Mediation and Conciliation Service.

Federal Transit Administrator.

President, Overseas Private Investment Corporation.

Chairman, Postal Rate Commission.

Chairman, Occupational Safety and Health Review Commission.

Governor of the Farm Credit Administration.

Chairman, Equal Employment Opportunity Commission.

Chairman, Consumer Product Safety Commission.

Under Secretaries of Energy (2).

Chairman, Commodity Futures Trading Commission.

Deputy United States Trade Representatives (3).

Chief Agricultural Negotiator.

Chairman, United States International Trade Commission.

Under Secretary of Commerce for Oceans and Atmosphere, the

incumbent of which also serves as Administrator of the National

Oceanic and Atmospheric Administration.

Associate Attorney General.

Chairman, Federal Mine Safety and Health Review Commission.

Chairman, National Credit Union Administration Board.

Deputy Director of the Office of Personnel Management.

Under Secretary of Agriculture for Farm and Foreign

Agricultural Services.

Under Secretary of Agriculture for Food, Nutrition, and

Consumer Services.

Under Secretary of Agriculture for Natural Resources and

Environment.

Under Secretary of Agriculture for Research, Education, and

Economics.

Under Secretary of Agriculture for Food Safety.

Under Secretary of Agriculture for Marketing and Regulatory

Programs.

Director, Institute for Scientific and Technological

Cooperation.

Under Secretary of Agriculture for Rural Development.

Administrator, Maritime Administration.

Executive Director Property Review Board.

Deputy Administrator of the Environmental Protection Agency.

Archivist of the United States.

Executive Director, Federal Retirement Thrift Investment Board.

Deputy Under Secretary of Defense for Acquisition and

Technology.

Deputy Under Secretary of Defense for Logistics and Materiel

Readiness.

Director, Trade and Development Agency.

Under Secretary of Commerce for Technology.

Under Secretary for Health, Department of Veterans Affairs.

Under Secretary for Benefits, Department of Veterans Affairs.

Under Secretary for Memorial Affairs, Department of Veterans

Affairs.

Under Secretaries, Department of Homeland Security.

Director of the Bureau of Citizenship and Immigration Services.

Director of the Office of Government Ethics.

Administrator for Federal Procurement Policy.

Administrator, Office of Information and Regulatory Affairs,

Office of Management and Budget.

Director of the Office of Thrift Supervision.

Chairperson of the Federal Housing Finance Board.

Executive Secretary, National Space Council.

Controller, Office of Federal Financial Management, Office of

Management and Budget.

Administrator, Research and Special Programs Administration.

Deputy Director for Demand Reduction, Office of National Drug

Control Policy.

Deputy Director for Supply Reduction, Office of National Drug

Control Policy.

Deputy Director for State and Local Affairs, Office of National

Drug Control Policy.

Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office.

Register of Copyrights.

Commissioner of Customs, Department of Homeland Security.

Under Secretary of Education (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec.

10(d)(3), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec.

1(14), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, title II, Sec.

215(a), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-351, title I, Sec.

505, June 19, 1968, 82 Stat. 205, as amended by Pub. L. 91-644,

title I, Sec. 7(1), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 90-407,

Sec. 15(a)(2), July 18, 1968, 82 Stat. 367; Pub. L. 90-623, Sec.

1(26), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91-175, pt. V, Sec.

503(1), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91-375, Sec. 6(c)(13),

Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-596, Sec. 12(c)(1), Dec.

29, 1970, 84 Stat. 1604; Pub. L. 91-644, title I, Sec. 7(1), 8(a),

Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 92-181, title V, Sec.

5.41(a), formerly Sec. 5.27(a), Dec. 10, 1971, 85 Stat. 625, as

renumbered Pub. L. 99-205, title II, Sec. 205(a)(2), Dec. 23, 1985,

99 Stat. 1703; Pub. L. 92-226, pt. IV, Sec. 403, Feb. 7, 1972, 86

Stat. 34; Pub. L. 92-261, Sec. 9(a), Mar. 24, 1972, 86 Stat. 110;

Pub. L. 92-302, Sec. 2(b), May 18, 1972, 86 Stat. 149; Pub. L.

92-352, title I, Sec. 104(2), July 13, 1972, 86 Stat. 490; Pub. L.

92-573, Sec. 4(h)(1), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 93-83,

Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93-438, title III, Sec.

310(2), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-463, title I, Sec.

102(a), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, title I, Sec.

141(b)(3)(B), 172(c)(1), Jan. 3, 1975, 88 Stat. 1999, 2010; Pub. L.

94-82, title II, Sec. 202(b)(3), Aug. 9, 1975, 89 Stat. 420; Pub.

L. 94-123, Sec. 2(c)(1), Oct. 22, 1975, 89 Stat. 670; Pub. L.

94-183, Sec. 2(17), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 92-255,

title II, Sec. 209(a), as added Pub. L. 94-237, Sec. 4(b), Mar. 19,

1976, 90 Stat. 243; Pub. L. 94-461, Sec. 4(a), Oct. 8, 1976, 90

Stat. 1969; Pub. L. 94-561, Sec. 1(b), Oct. 19 , 1976, 90 Stat.

2643; Pub. L. 95-91, title VII, Sec. 710(e), Aug. 4, 1977, 91 Stat.

609; Pub. L. 95-139, Sec. 3, Oct. 19, 1977, 91 Stat. 1171; Pub. L.

95-140, Sec. 3(d)(2), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-164,

title III, Sec. 302(c)(1), Nov. 9, 1977, 91 Stat. 1320; Pub. L.

95-426, title I, Sec. 114(b)(1), Oct. 7, 1978, 92 Stat. 969; Pub.

L. 95-454, title II, Sec. 201(b)(2), 202(c)(1), Oct. 13, 1978, 92

Stat. 1121, 1131; Pub. L. 95-501, title V, Sec. 501(b), Oct. 21,

1978, 92 Stat. 1691; Pub. L. 95-630, title V, Sec. 502(d), Nov. 10,

1978, 92 Stat. 3681; Pub. L. 96-53, title IV, Sec. 412(a), Aug. 14,

1979, 93 Stat. 377; Pub. L. 96-54, Sec. 2(a)(25)(A), Aug. 14, 1979,

93 Stat. 382; Pub. L. 96-88, title V, Sec. 508(d), (g), Oct. 17,

1979, 93 Stat. 692; Pub. L. 90-351, title I, Sec. 808, as added

Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204; Pub. L.

96-355, Sec. 3(b), Sept. 24, 1980, 94 Stat. 1173; Pub. L. 97-31,

Sec. 12(1)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-63, Sec.

4(a)(4), Oct. 16, 1981, 95 Stat. 1014; Pub. L. 97-195, Sec.

1(b)(1), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title I, Sec.

123, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 97-449, Sec. 3(2), Jan.

12, 1983, 96 Stat. 2441; Pub. L. 97-456, Sec. 3(d)(1), (6), Jan.

12, 1983, 96 Stat. 2505, 2506; Pub. L. 98-80, Sec. 2(b)(1), Aug.

23, 1983, 97 Stat. 485; Pub. L. 98-164, title I, Sec. 125(b)(1),

Nov. 22, 1983, 97 Stat. 1026; Pub. L. 98-216, Sec. 3(a)(2), Feb.

14, 1984, 98 Stat. 6; Pub. L. 98-443, Sec. 9(e), Oct. 4, 1984, 98

Stat. 1707; Pub. L. 98-473, title II, Sec. 609J(a), Oct. 12, 1984,

98 Stat. 2102; Pub. L. 98-497, title I, Sec. 107(h), Oct. 19, 1984,

98 Stat. 2292; Pub. L. 99-64, title I, Sec. 116(b), July 12, 1985,

99 Stat. 153; Pub. L. 99-93, title I, Sec. 116(b), title VII, Sec.

704(a)(1), Aug. 16, 1985, 99 Stat. 412, 445; Pub. L. 99-335, title

II, Sec. 203, June 6, 1986, 100 Stat. 591; Pub. L. 99-348, title V,

Sec. 501(d)(2), July 1, 1986, 100 Stat. 708; Pub. L. 99-500, Sec.

101(c) (title X, Sec. 902(b), 903(b)(2)(A)), Oct. 18, 1986, 100

Stat. 1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) (title X,

Sec. 902(b), 903(b)(2)(A)), Oct. 30, 1986, 100 Stat. 3341-82,

3341-132; Pub. L. 99-619, Sec. 2(a)(3), Nov. 6, 1986, 100 Stat.

3491; Pub. L. 99-659, title IV, Sec. 407(e)(1), Nov. 14, 1986, 100

Stat. 3740; Pub. L. 99-661, div. A, title IX, formerly title IV,

Sec. 902(b), 903(b)(2)(A), Nov. 14, 1986, 100 Stat. 3911, 3912, as

renumbered Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273;

Pub. L. 100-418, title II, Sec. 2204(d)(1), Aug. 23, 1988, 102

Stat. 1331; Pub. L. 100-456, div. A, title XIV, Sec. 1441(b),

Sept. 29, 1988, 102 Stat. 2084; Pub. L. 100-519, title II, Sec.

201(d)(4), Oct. 24, 1988, 102 Stat. 2594; Pub. L. 100-527, Sec.

13(e), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-598, Sec. 8, Nov.

3, 1988, 102 Stat. 3035; Pub. L. 100-679, Sec. 11(c), Nov. 17,

1988, 102 Stat. 4070; Pub. L. 100-690, title I, Sec. 1003(a)(4)(B),

1007(c)(3), Nov. 18, 1988, 102 Stat. 4182, 4188; Pub. L. 101-73,

title VII, Sec. 742(a)(1), Aug. 9, 1989, 103 Stat. 436; Pub. L.

101-328, Sec. 3(b), July 8, 1990, 104 Stat. 308; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 112(d)), Nov. 5, 1990, 104 Stat.

1427, 1455; Pub. L. 101-576, title II, Sec. 207(b), Nov. 15, 1990,

104 Stat. 2846; Pub. L. 102-103, title II, Sec. 202, Aug. 17, 1991,

105 Stat. 498; Pub. L. 102-233, title III, Sec. 315(c), Dec. 12,

1991, 105 Stat. 1772; Pub. L. 102-240, title III, Sec. 3004(d)(1),

Dec. 18, 1991, 105 Stat. 2088; Pub. L. 102-378, Sec. 2(28), Oct. 2,

1992, 106 Stat. 1350; Pub. L. 102-405, title III, Sec. 302(d), Oct.

9, 1992, 106 Stat. 1985; Pub. L. 102-508, title IV, Sec. 401(c),

Oct. 24, 1992, 106 Stat. 3310; Pub. L. 102-549, title II, Sec.

202(d), Oct. 28, 1992, 106 Stat. 3658; Pub. L. 102-552, title II,

Sec. 201(b)(1), Oct. 28, 1992, 106 Stat. 4105; Pub. L. 103-160,

div. A, title IX, Sec. 901(b), 903(b), 904(e)(2), Nov. 30, 1993,

107 Stat. 1726, 1727, 1729; Pub. L. 103-204, Sec. 5(b)(1), Dec. 17,

1993, 107 Stat. 2382; Pub. L. 103-211, title II, Sec. 2003(b), Feb.

12, 1994, 108 Stat. 24; Pub. L. 103-236, title I, Sec. 162(d)(1),

Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-337, div. A, title IX,

Sec. 903(c), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 103-354, title

II, Sec. 225(e)(2), 231(f)(2), 241(e), 245(e), 251(e), 261(c),

285(e), Oct. 13, 1994, 108 Stat. 3214, 3219, 3222, 3223, 3226,

3227, as amended Pub. L. 105-277, div. A, Sec. 101(a) (title X,

Sec. 1001(3)), Oct. 21, 1998, 112 Stat. 2681, 2681-41; Pub. L.

104-88, title III, Sec. 301(a), Dec. 29, 1995, 109 Stat. 943; Pub.

L. 104-105, title II, Sec. 219(b)(1), Feb. 10, 1996, 110 Stat. 184;

Pub. L. 104-127, title VII, Sec. 794(b), Apr. 4, 1996, 110 Stat.

1155; Pub. L. 104-293, title VIII, Sec. 812(a), Oct. 11, 1996, 110

Stat. 3482; Pub. L. 105-277, div. C, title VII, Sec. 713(a)(3),

div. G, subdiv. A, title XII, Sec. 1224(2), subdiv. B, title

XXIII, Sec. 2305(a)(2), Oct. 21, 1998, 112 Stat. 2681-693,

2681-772, 2681-825; Pub. L. 105-304, title IV, Sec. 401(a)(3), Oct.

28, 1998, 112 Stat. 2887; Pub. L. 105-368, title IV, Sec.

403(b)(1), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106-65, div. A,

title IX, Sec. 911(b)(2), div. C, title XXXII, Sec. 3293(a), Oct.

5, 1999, 113 Stat. 718, 969; Pub. L. 106-113, div. B, Sec.

1000(a)(5) (title II, Sec. 238(a)(2)), 1000(a)(9) (title IV, Sec.

4720(a)), Nov. 29, 1999, 113 Stat. 1536, 1501A-302, 1501A-581; Pub.

L. 106-159, title I, Sec. 101(d)(1), Dec. 9, 1999, 113 Stat. 1751;

Pub. L. 106-476, title II, Sec. 2002, Nov. 9, 2000, 114 Stat. 2175;

Pub. L. 106-569, title X, Sec. 1002(a)(3), Dec. 27, 2000, 114 Stat.

3028; Pub. L. 107-110, title X, Sec. 1071(a), Jan. 8, 2002, 115

Stat. 2088; Pub. L. 107-296, title IV, Sec. 411(b)(2), title XVII,

Sec. 1702(a)(3), Nov. 25, 2002, 116 Stat. 2179, 2313; Pub. L.

107-314, div. A, title IX, Sec. 901(c), Dec. 2, 2002, 116 Stat.

2620.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(1)-(44) 5 U.S.C. 2211(c) Aug. 14, 1964, Pub.

(less (39) and L. 88-426, Sec.

(46)). 303(c) (less (39)

and (46)), 78 Stat.

416.

(45) 5 U.S.C. 2211(b)(15) Aug. 14, 1964, Pub.

(proviso). L. 88-426, Sec.

303(b)(15)

(proviso), 78 Stat.

416.

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

The provisos in paragraphs (39) and (46) of former section

2211(c) are carried into section 5315. The remainders of paragraphs

(39) and (46) are omitted but not repealed, see table III. The

parts of paragraphs (39) and (46) that are omitted but not repealed

provide that the positions of Director of Selective Service and

Associate Director of the Federal Bureau of Investigation shall be

in Level III so long as the positions are held by the incumbents of

the positions on August 14, 1964. The omission of these provisions

from title 5, without repealing the corresponding provisions of the

source statute, in effect, leaves existing statute unchanged

insofar as it relates to the present incumbents of the positions of

Director of Selective Service and Associate Director of the Federal

Bureau of Investigation.

Standard changes are made to conform with the definitions

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

to the report.

1967 Act

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

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

Large)

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

5314(49) 20: 954(d) (2d Sept. 29, 1965, Pub.

sentence). L. 89-209, Sec.

5(d)(1) (2d

sentence), 79 Stat.

847.

5314(50) 20:956(b)(1) (2d Sept. 29, 1965, Pub.

sentence). L. 89-209, Sec.

7(b)(1) (2d

sentence), 79 Stat.

850.

5314(51) 5 App.: 2211(c)(47). July 18, 1966, Pub.

L. 89-504, Sec.

408(a), 80 Stat.

299.

5314(52) 42:3533(a) (as Sept. 9, 1965, Pub.

applicable to L. 89-174, Sec.

compensation of 4(a) (as applicable

Under Secretary). to compensation of

Under Secretary),

79 Stat. 668.

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

The deletion of paragraph (41) of 5 U.S.C. 5314 reflects the

abolition of the position of ''Deputy Administrator of the Housing

and Home Finance Agency'' by the act of September 9, 1965, Public

Law 89-174, sections 5(a), 9(c), 79 Stat. 669, 671.

In paragraph (49), the words ''In lieu of receiving compensation

at the rate prescribed by section 785(c) of this title'' are

omitted since the provisions of 20 U.S.C. 785(c) relating to

compensation are repealed by this bill; also see table II. The

wording further reflects the first sentence of 20 U.S.C. 954(d),

and conforms to 5 U.S.C. 5314 which applies to positions rather

than individuals.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

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.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-314 inserted item relating to Under Secretary

of Defense for Intelligence.

Pub. L. 107-296, Sec. 1702(a)(3), inserted items relating to

Under Secretaries, Department of Homeland Security and Director of

the Bureau of Citizenship and Immigration Services.

Pub. L. 107-296, Sec. 411(b)(2), substituted ''Commissioner of

Customs, Department of Homeland Security.'' for ''Commissioner of

Customs, Department of the Treasury''.

Pub. L. 107-110 inserted item relating to Under Secretary of

Education.

2000 - Pub. L. 106-569 struck out item relating to Members, Board

of Governors of the Federal Reserve System.

Pub. L. 106-476 inserted item relating to Chief Agricultural

Negotiator.

1999 - Pub. L. 106-159 inserted item relating to Administrator of

the Federal Motor Carrier Safety Administration.

Pub. L. 106-113, Sec. 1000(a)(9) (title IV, Sec. 4720(a)),

substituted ''Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office.''

for ''Assistant Secretary of Commerce and Commissioner of Patents

and Trademarks.''

Pub. L. 106-113, Sec. 1000(a)(5) (title II, Sec. 238(a)(2)),

inserted item relating to Commissioner of Customs, Department of

the Treasury.

Pub. L. 106-65, Sec. 3293(a), substituted ''Under Secretaries of

Energy (2)'' for ''Under Secretary, Department of Energy''.

Pub. L. 106-65, Sec. 911(b)(2), inserted item relating to Deputy

Under Secretary of Defense for Logistics and Materiel Readiness.

1998 - Pub. L. 105-368 inserted item relating to Under Secretary

for Memorial Affairs, Department of Veterans Affairs.

Pub. L. 105-304 inserted items relating to Assistant Secretary of

Commerce and Commissioner of Patents and Trademarks and Register of

Copyrights.

Pub. L. 105-277, Sec. 2305(a)(2), substituted ''Under Secretaries

of State (6)'' for ''Under Secretaries of State (5)''.

Pub. L. 105-277, Sec. 1224(2), struck out item relating to Deputy

Director of the United States Arms Control and Disarmament Agency.

Pub. L. 105-277, Sec. 713(a)(3), inserted items relating to

Deputy Director for Demand Reduction, Office of National Drug

Control Policy, Deputy Director for Supply Reduction, Office of

National Drug Control Policy, and Deputy Director for State and

Local Affairs, Office of National Drug Control Policy.

Pub. L. 105-277, Sec. 101(a) (title X, Sec. 1001(3)), added Pub.

L. 103-354, Sec. 285(e). See 1994 Amendment note below.

1996 - Pub. L. 104-293 substituted ''Deputy Directors of Central

Intelligence (2)'' for ''Deputy Director of Central Intelligence''.

Pub. L. 104-127 substituted ''Under Secretary of Agriculture for

Rural Development'' for ''Under Secretary of Agriculture for Rural

Economic and Community Development''.

Pub. L. 104-105 struck out item relating to Chairperson, Board of

Directors of the Farm Credit System Insurance Corporation.

1995 - Pub. L. 104-88 substituted ''Chairman, Surface

Transportation Board'' for ''Chairman, Interstate Commerce

Commission''.

1994 - Pub. L. 103-354, Sec. 285(e), as added by Pub. L. 105-277,

Sec. 101(a) (title X, Sec. 1001(3)), inserted item relating to the

Under Secretary of Agriculture for Marketing and Regulatory

Programs.

Pub. L. 103-354 substituted ''Under Secretary of Agriculture for

Farm and Foreign Agricultural Services'' for ''Under Secretary of

Agriculture for International Affairs and Commodity Programs'',

inserted items relating to Under Secretaries of Agriculture for

Food, Nutrition, and Consumer Services; for Natural Resources and

Environment; for Research, Education, and Economics; and for Food

Safety, and substituted ''Under Secretary of Agriculture for Rural

Economic and Community Development'' for ''Under Secretary of

Agriculture for Small Community and Rural Development''.

Pub. L. 103-337 substituted ''Under Secretary of Defense

(Comptroller)'' for ''Comptroller of the Department of Defense''.

Pub. L. 103-236 inserted item relating to Under Secretaries of

State (5) and struck out items relating to Under Secretary of State

for Political Affairs and Under Secretary of State for Economic and

Agricultural Affairs and an Under Secretary of State for

Coordinating Security Assistance Programs and Under Secretary of

State for Management and Counselor of the Department of State.

Pub. L. 103-211 inserted item relating to Under Secretary of the

Treasury (3) and struck out items relating to Under Secretary of

the Treasury (or Counselor) and Under Secretary of the Treasury for

Monetary Affairs.

1993 - Pub. L. 103-204, which directed striking out of ''chief

executive officer of the Resolution Trust Corporation.'', was

executed by striking ''chief executive officer, Resolution Trust

Corporation.'' to reflect the probable intent of Congress.

Pub. L. 103-160 inserted items relating to Comptroller of the

Department of Defense and Under Secretary of Defense for Personnel

and Readiness and substituted ''Deputy Under Secretary of Defense

for Acquisition and Technology'' for ''Deputy Under Secretary of

Defense for Acquisition''.

1992 - Pub. L. 102-552 inserted item relating to Chairperson,

Board of Directors of the Farm Credit System Insurance Corporation.

Pub. L. 102-549 substituted ''Director, Trade and Development

Agency'' for ''Director, Trade and Development Program''.

Pub. L. 102-508 inserted item relating to Administrator, Research

and Special Programs Administration.

Pub. L. 102-405 substituted ''Under Secretary for Health,

Department of Veterans Affairs'' for ''Chief Medical Director,

Department of Veterans Affairs'' and ''Under Secretary for

Benefits, Department of Veterans Affairs'' for ''Chief Benefits

Director, Department of Veterans Affairs''.

Pub. L. 102-378 struck out each of the items relating to Under

Secretary of Education, Under Secretary of Health and Human

Services, Under Secretary of the Interior, and Under Secretary of

Housing and Urban Development.

1991 - Pub. L. 102-240 substituted ''Federal Transit

Administrator'' for ''Urban Mass Transportation Administrator''.

Pub. L. 102-233 inserted item relating to chief executive

officer, Resolution Trust Corporation.

Pub. L. 102-103 inserted item relating to Under Secretary of

Education.

1990 - Pub. L. 101-576 inserted item relating to Controller,

Office of Federal Financial Management, Office of Management and

Budget.

Pub. L. 101-509 directed the amendment of this section by

striking the following:

''Under Secretary of Health and Human Services.

''Under Secretary of the Interior.

''Under Secretary of Education.

''Under Secretary of Housing and Urban Development.

Section did not contain the positions in the order referred to in

Pub. L. 101-509. See 1992 Amendment note above for Pub. L. 102-378.

Pub. L. 101-328 inserted item relating to Executive Secretary,

National Space Council.

1989 - Pub. L. 101-73 inserted items relating to Director of the

Office of Thrift Supervision and Chairperson of the Federal Housing

Finance Board, and struck out item relating to Chairman of the

Federal Home Loan Bank Board.

1988 - Pub. L. 100-690, Sec. 1007(c)(3), struck out item relating

to Director of Office of Drug Abuse Policy.

Pub. L. 100-690, Sec. 1003(a)(4)(B), 1009, temporarily inserted

items relating to Deputy Director for Demand Reduction, Office of

National Drug Control Policy, and Deputy Director for Supply

Reduction, Office of National Drug Control Policy. See Effective

and Termination Dates of 1988 Amendments note below.

Pub. L. 100-679 inserted items relating to Administrator for

Federal Procurement Policy and to Administrator, Office of

Information and Regulatory Affairs, Office of Management and

Budget, and struck out item relating to Deputy Director of Office

of Management and Budget.

Pub. L. 100-598 inserted item relating to Director of Office of

Government Ethics.

Pub. L. 100-527 inserted items relating to Chief Medical

Director, Department of Veterans Affairs, and Chief Benefits

Director, Department of Veterans Affairs, and struck out item

relating to Deputy Administrator of Veterans' Affairs.

Pub. L. 100-519 inserted item relating to Under Secretary of

Commerce for Technology.

Pub. L. 100-456 inserted item relating to Members, Defense

Nuclear Facilities Safety Board after item relating to Members,

Nuclear Regulatory Commission.

Pub. L. 100-418 inserted item relating to Director, Trade and

Development Program.

1986 - Pub. L. 99-659 substituted ''Under Secretary of Commerce

for Oceans and Atmosphere, the incumbent of which also serves as

Administrator of the National Oceanic and Atmospheric

Administration'' for ''Administrator, National Oceanic and

Atmospheric Administration''.

Pub. L. 99-619 struck out item relating to Under Secretary of

Labor.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, amended

section identically, inserting item relating to Deputy Under

Secretary of Defense for Acquisition and striking out item relating

to Director of Defense Research and Engineering.

Pub. L. 99-348 substituted ''Under Secretary of Defense for

Policy'' for ''Under Secretaries of Defense (2)'' and inserted item

relating to Director of Defense Research and Engineering.

Pub. L. 99-335 inserted item relating to Executive Director,

Federal Retirement Thrift Investment Board.

1985 - Pub. L. 99-93, Sec. 116(b), substituted ''Under Secretary

of State for Economic and Agricultural Affairs'' for ''Under

Secretary of State for Economic Affairs''.

Pub. L. 99-93, Sec. 704(a)(1), inserted item relating to Deputy

Director of United States Arms Control and Disarmament Agency.

Pub. L. 99-64 inserted item relating to Under Secretary of

Commerce for Export Administration.

1984 - Pub. L. 98-497 inserted item relating to Archivist of

United States.

Pub. L. 98-473 struck out item relating to Director of Office of

Justice Assistance, Research, and Statistics.

Pub. L. 98-443 struck out item relating to Chairman of Civil

Aeronautics Board.

Pub. L. 98-216 substituted ''Deputy Director of the Office of

Management and Budget'' for ''Deputy Director of the Bureau of the

Budget''.

1983 - Pub. L. 98-164 inserted item relating to Counselor of

Department of State.

Pub. L. 98-80 inserted item relating to Deputy Administrator of

Environmental Protection Agency.

Pub. L. 97-456, Sec. 3(d)(6), substituted ''Deputy United States

Trade Representatives (3)'' for ''Deputy Special Representatives

for Trade Negotiations (2)''.

Pub. L. 97-449 substituted ''Administrator of the National

Highway Traffic Safety Administration'' for ''Administrator,

Federal Highway Administration''.

1982 - Pub. L. 97-377 inserted item relating to Executive

Director of Property Review Board.

Pub. L. 97-195 substituted ''Under Secretary of Commerce, Under

Secretary of Commerce for Economic Affairs, and Under Secretary of

Commerce for Travel and Tourism'' for ''Under Secretary of Commerce

and Under Secretary of Commerce for Travel and Tourism''.

1981 - Pub. L. 97-63 substituted ''Under Secretary of Commerce

and Under Secretary of Commerce for Travel and Tourism'' for

''Under Secretary of Commerce''.

Pub. L. 97-31 inserted item relating to Administrator, Maritime

Administration.

1980 - Pub. L. 96-355 inserted item relating to Under Secretary

of Agriculture for Small Community and Rural Development.

1979 - Pub. L. 96-157 inserted item relating to Director, Office

of Justice Assistance, Research, and Statistics, and struck out

item relating to Administrator of Law Enforcement Assistance.

Pub. L. 96-88, Sec. 508(g), substituted ''Health and Human

Services'' for ''Health, Education, and Welfare'' in item relating

to Under Secretary of Health and Human Services.

Par. (5). Pub. L. 96-88, Sec. 508(d), added par. (5) relating to

Under Secretary of Education. See Codification note above.

Pars. (1) to (70). Pub. L. 96-54 struck out paragraph

designations for positions listed herein.

Par. (70). Pub. L. 96-53 added par. (70) relating to Director,

Institute for Scientific and Technological Cooperation.

1978 - Par. (9). Pub. L. 95-426 inserted ''and Under Secretary of

State for Management''.

Par. (17). Pub. L. 95-454, Sec. 202(c)(1), substituted ''Merit

Systems Protection Board'' for ''United States Civil Service

Commission''.

Par. (66). Pub. L. 95-630 added par. (66) relating to Chairman,

National Credit Union Administration Board.

Par. (68). Pub. L. 95-454, Sec. 201(b)(2), added par. (68)

relating to Deputy Director of Office of Personnel Management.

Par. (69). Pub. L. 95-501 added par. (69) relating to Under

Secretary of Agriculture for International Affairs and Commodity

Programs.

1977 - Par. (21). Pub. L. 95-91 substituted ''Federal Energy

Regulatory Commission'' for ''Federal Power Commission''.

Par. (32). Pub. L. 95-140 substituted ''Under Secretaries of

Defense (2)'' for ''Director of Defense Research and Engineering,

Department of Defense''.

Par. (60). Pub. L. 95-91 substituted ''Under Secretary,

Department of Energy'' for ''Deputy Administrator, Energy Research

and Development Administration''.

Par. (66). Pub. L. 95-164 added par. (66) relating to Chairman,

Federal Mine Safety and Health Review Commission.

Pub. L. 95-139 added par. (66) relating to Associate Attorney

General.

1976 - Par. (3). Pub. L. 94-561 repealed par. (3) relating to

Under Secretary of Agriculture.

Par. (64). Pub. L. 94-237 added par. (64) relating to Director of

Office of Drug Abuse Policy.

Par. (65). Pub. L. 94-461 added par. (65) relating to

Administrator, National Oceanic and Atmospheric Administration.

1975 - Pub. L. 94-82 substituted provisions applying level III 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 III to positions for which annual

rate of basic pay is $29,500.

Par. (38). Pub. L. 94-123 repealed par. (38) relating to Chief

Medical Director in Department of Medicine and Surgery, Veterans'

Administration.

Par. (54). Pub. L. 94-183 redesignated par. (55), relating to

Chairman, Postal Rate Commission, as par. (54).

Pars. (56), (57). Pub. L. 94-183 redesignated par. (57) relating

to Chairman, Occupational Safety and Health Review Commission, and

par. (58) relating to Governor of the Farm Credit Administration,

as pars. (56) and (57), respectively.

Par. (60). Pub. L. 93-618, Sec. 141(b)(3)(B), added par. (60)

relating to Deputy Special Representative for Trade Negotiations.

For renumbering by Pub. L. 94-183, see item relating to par. (62)

hereunder.

Par. (61). Pub. L. 94-183 redesignated par. (60), relating to

Chairman, Commodity Futures Trading Commission, as par. (61).

Pub. L. 93-618, Sec. 172(c)(1), added par. (61). For renumbering

by Pub. L. 94-183, see item relating to par. (63) hereunder.

Pars. (62), (63). Pub. L. 94-183 redesignated par. (60) relating

to Deputy Special Representatives for Trade Negotiations, and par.

(61) relating to Chairman, United States International Trade

Commission, as pars. (62) and (63), respectively.

1974 - Par. (42). Pub. L. 93-438 substituted ''Members, Nuclear

Regulatory Commission'' for ''Members, Atomic Energy Commission''.

Par. (60). Pub. L. 93-463 added par. (60) relating to Chairman,

Commodity Futures Trading Commission.

Pub. L. 93-438 added par. (60) relating to Deputy Administrator,

Energy Research and Development Administration.

1973 - Par. (55). Pub. L. 93-83 reenacted par. (55) relating to

Administrator of Law Enforcement Assistance.

1972 - Par. (9). Pub. L. 92-352 substituted ''and'' for ''or'',

after ''Political Affairs''.

Pub. L. 92-226 included position of an Under Secretary of State

for Coordinating Security Assistance Programs.

Par. (10). Pub. L. 92-302 substituted ''Under Secretary of the

Treasury (or Counselor)'' for ''Under Secretary of the Treasury''.

Par. (58). Pub. L. 92-261 added par. (58) relating to Chairman,

Equal Employment Opportunity Commission.

Par. (59). Pub. L. 92-573 added par. (59) relating to Chairman,

Consumer Product Safety Commission.

1971 - Pars. (1) to (54). Pub. L. 91-644, Sec. 8(a), struck out

par. (1) relating to Deputy Attorney General, now a level II

position under section 5313 of this title, renumbered pars. (2)

through (54) as (1) through (53), respectively.

Par. (55). Pub. L. 91-644, Sec. 7(1), in amending section 505 of

Pub. L. 90-351, renumbered par. (90) ''Administrator of Law

Enforcement Assistance'' of section 5315 of this title as par. (55)

of this section.

Par. (58). Pub. L. 92-181 added par. (58) relating to Governor of

Farm Credit Administration.

1970 - Par. (3). Pub. L. 91-375, Sec. 6(c)(13)(A), struck out

par. (3) relating to Deputy Postmaster General.

Par. (55). Pub. L. 91-375, Sec. 6(c)(13)(B), added par. (55)

relating to Chairman, Postal Rate Commission.

Par. (57). Pub. L. 91-596 added par. (57) relating to Chairman,

Occupational Safety and Health Review Commission.

1969 - Par. (54). Pub. L. 91-175 added par. (54) relating to

President, Overseas Private Investment Corporation.

1968 - Par. (40). Pub. L. 90-407 substituted ''Deputy Director,

National Science Foundation'' for ''Director of the National

Science Foundation''.

Par. (53). Pub. L. 90-623 added par. (53) relating to Urban Mass

Transportation Administrator.

1967 - Pub. L. 90-206 increased annual rate of basic pay from

$28,500 to $29,500.

1966 - Pub. L. 89-670 added pars. (46) to (48), relating to

Administrator of Federal Highway Administration, Administrator of

the Federal Railroad Administration, and Chairman of National

Transportation Safety Board, respectively, and repealed par. (6)

which provided for Under Secretary of Commerce for Transportation,

subject to the provisions of section 1657 of former Title 49,

Transportation.

-CHANGE-

CHANGE OF NAME

''Export-Import Bank of Washington'', referred to in text, was

changed to ''Export-Import Bank of the United States'' in the

Export-Import Bank Act of 1945, section 635 et seq. of Title 12,

Banks and Banking, as provided for in section 1(a) of Pub. L.

90-267, Mar. 13, 1968, 82 Stat. 47.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment 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. 107-110, title X, Sec. 1071(b), Jan. 8, 2002, 115 Stat.

2088, provided that: ''This section (amending this section) shall

take effect on the first day of the first pay period on or after

the date of enactment of this Act (Jan. 8, 2002).''

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-569 effective 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 Dec.

27, 2000, see section 1002(b) of Pub. L. 106-569, set out as a note

under section 5312 of this title.

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section

107(a) of Pub. L. 106-159, set out as a note under section 104 of

Title 49, Transportation.

Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title II, Sec.

238(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-302, provided that:

''The amendment made by this subsection (probably means this

section, amending this section and section 5315 of this title)

shall take effect on January 1, 2000.''

Amendment by section 1000(a)(9) (title IV, Sec. 4720(a)) of 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.

Amendment by section 3293(a) of Pub. L. 106-65 effective Mar. 1,

2000, see section 3299 of Pub. L. 106-65, set out as an Effective

Date note under section 2401 of Title 50, War and National Defense.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1224(2) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of Title 22, Foreign Relations and

Intercourse.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-236 applicable with respect to

officials, offices, and bureaus of Department of State when

executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by Pub. L. 102-552 effective Jan. 1, 1996, see section

201(c)(1) of Pub. L. 102-552, set out as an Effective Date of 1992

Amendment; Transitional Provision note under section 2277a-2 of

Title 12, Banks and Banking.

Amendment by Pub. L. 102-378 effective as of the first day of the

first applicable pay period beginning on or after Nov. 5, 1990, see

section 9(b)(10) of Pub. L. 102-378, set out as a note under

section 6303 of this title.

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section

318 of Pub. L. 102-233, set out as a note under section 1441 of

Title 12, Banks and Banking.

Amendment by Pub. L. 102-103 effective on first day of first pay

period beginning on or after Aug. 17, 1991, see section 203 of Pub.

L. 102-103, set out as a note under section 3412 of Title 20,

Education.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-509 effective on first day of first pay

period beginning on or after Nov. 5, 1990, with continued service

by incumbent Under Secretary of Health and Human Services, Under

Secretary of the Interior, Under Secretary of Education, and Under

Secretary of Housing and Urban Development, see section 529 (title

I, Sec. 112(e)) of Pub. L. 101-509, set out as a note under section

3404 of Title 20, Education.

Section 6 of Pub. L. 101-328 provided that: ''The provisions of

this Act (amending this section and enacting provisions set out as

notes under section 2471 of Title 42, The Public Health and

Welfare) are effective as of October 1, 1989.''

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and

amendment by section 1003(a)(4)(B) of Pub. L. 100-690 repealed on

Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub.

L. 100-690.

Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section

11(e) of Pub. L. 100-679, set out as a note under section 5312 of

this title.

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 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 1985 AMENDMENT

Section 116(d) of Pub. L. 99-64, as amended by Pub. L. 99-441,

Sec. 5, Oct. 3, 1986, 100 Stat. 1118, provided that: ''The

provisions of section 15(a) of the Export Administration Act of

1979 (50 App. U.S.C. 2414(a)), as amended by subsection (a) of this

section, and the amendments made by subsections (b) and (c) of this

section (amending sections 5314 and 5315 of this title) shall take

effect on October 1, 1987.''

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section

301 of Pub. L. 98-497, set out as a note under section 2102 of

Title 44, Public Printing and Documents.

Amendment by section 609J of Pub. L. 98-473 effective Oct. 12,

1984, see section 609AA of Pub. L. 98-473, set out as an Effective

Date note under section 3711 of Title 42, The Public Health and

Welfare.

Section 9(v) of Pub. L. 98-443 provided that: ''The amendments

made by this section (amending sections 5314 and 5315 of this

title, sections 1622 and 2145 of Title 7, Agriculture, sections

4746 and 9746 of Title 10, Armed Forces, sections 18, 21, 1607,

1681s, 1691c, and 1692l of Title 15, Commerce and Trade, section

18b of Title 16, Conservation, sections 47 and 7701 of Title 26,

Internal Revenue Code, section 3726 of Title 31, Money and Finance,

sections 3401, 5005, 5401, and 5402 of Title 39, Postal Service,

section 3502 of Title 44, Public Printing and Documents, and

sections 1159a, 1159b, 1301, 1305, 1377, 1382, 1388, 1389, and 1537

of former Title 49, Transportation) shall take effect on January 1,

1985.''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-63 effective Oct. 1, 1981, see section 6

of Pub. L. 97-63, set out as a note under section 2121 of Title 22,

Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section

10 of Pub. L. 96-355, set out as an Effective Date note under

section 2204b of Title 7, Agriculture.

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section

2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312

of this title.

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-630 effective on expiration of 120 days

after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as

a note under section 1752 of Title 12, Banks and Banking.

Amendment 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.

Section 114(c) of Pub. L. 95-426 provided that: ''The amendments

made by this section (amending sections 5314 and 5315 of this title

and section 2652 of Title 22, Foreign Relations and Intercourse,

and enacting provisions set out as a note under section 2652 of

Title 22) shall take effect on October 1, 1978.''

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of Title 30, Mineral

Lands and Mining.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 6(a), formerly section 6(a)(1), of Pub. L. 94-123, as

renumbered Pub. L. 96-330, title I, Sec. 101, Aug. 26, 1980, 94

Stat. 1030, provided that: ''The amendments made by section 2 of

this Act (enacting former section 4118 of Title 38, Veterans'

Benefits, amending this section, section 5315 of this title, and

former section 4107 of Title 38, and enacting provisions set out as

notes under former section 4118 of Title 38) shall become effective

on October 12, 1975.''

EFFECTIVE DATE OF 1974 AMENDMENTS

Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section

418 of Pub. L. 93-463, set out as a note under section 2 of Title

7, Agriculture.

Amendment by Pub. L. 93-438 effective 120 days after Oct. 11,

1974, or on such earlier date as President may prescribe and

publish in Federal Register, except that officers provided for in

sections 5811 to 5820 of Title 42, The Public Health and Welfare,

may be nominated and appointed at any time after Oct. 11, 1974, see

section 312(a) of Pub. L. 93-438, set out as an Effective Date;

Interim Appointments note under section 5801 of Title 42.

EFFECTIVE DATE OF 1973 AMENDMENT

Offices and salaries modified under amendment by Pub. L. 93-83,

prospectively only, effective on and after Aug. 6, 1973, see

section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3

of Pub. L. 92-302, May 18, 1972, 86 Stat. 149.

EFFECTIVE DATE OF 1970 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 90-407 effective on first day of first

calendar month which begins on or after July 18, 1968, see section

15 (a)(4) of Pub. L. 90-407, set out as a note under section 5313

of this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective at beginning of first pay

period which begins on or after Dec. 16, 1967, see section

220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967 as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Emergency Preparedness, including offices of Director,

Deputy Director, Assistant Directors, and Regional Directors,

abolished and functions vested by law in Office of Emergency

Preparedness or Director of Office of Emergency Preparedness

transferred to President by sections 1 and 3(a)(1) of 1973 Reorg.

Plan No. 1, effective July 1, 1973, set out in the Appendix to this

title.

-MISC5-

SALARY INCREASES

2003 - Salaries of positions at level III increased to $142,500

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2003, as provided by Ex. Ord. No.

13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note under section

5332 of this title.

2002 - Salaries of positions at level III increased to $138,200

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2002, as provided by Ex. Ord. No.

13249, Dec. 28, 2001, 67 F.R. 639.

2001 - Salaries of positions at level III increased to $133,700

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2001, as provided by Ex. Ord. No.

13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057.

2000 - Salaries of positions at level III increased to $130,200

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No.

13144, Dec. 21, 1999, 64 F.R. 72237.

1999 - Salaries of positions at level III continued at $125,900

per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.

1998 - Salaries of positions at level III increased to $125,900

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No.

13071, Dec. 29, 1997, 62 F.R. 68521.

1997 - Salaries of positions at level III continued at $123,100

per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.

1996 - Salaries of positions at level III continued at $123,100

per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.

1995 - Salaries of positions at level III continued at $123,100

per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.

1993 - Salaries of positions at level III increased to $123,100

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No.

12826, Dec. 30, 1992, 57 F.R. 62909.

1992 - Salaries of positions at level III increased to $119,300

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No.

12786, Dec. 26, 1991, 56 F.R. 67453.

1991 - Salaries of positions at level III increased to $115,300

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No.

12736, Dec. 12, 1990, 55 F.R. 51385.

1990 - Salaries of positions at level III increased to $85,500

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1990, and increased to $89,000 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec.

23, 1989, 54 F.R. 53473.

1989 - Salaries of positions at level III continued at $82,500

per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.

1988 - Salaries of positions at level III continued at $82,500

per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.

1987 - Salaries of positions at level III increased to $82,500

per annum, on recommendation of the President of the United States,

see note set out under section 358 of Title 2, The Congress.

Salaries of positions at level III increased to $75,800 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec.

31, 1986, 52 F.R. 505.

1985 - Salaries of positions at level III increased to $73,600

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No.

12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No.

12540, Dec. 30, 1985, 51 F.R. 577.

1984 - Salaries of positions at level III increased to $71,100

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No.

12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477,

May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49

F.R. 36493.

1982 - Salaries of positions at level III increased to $70,500

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No.

12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further

provided that pursuant to section 101(e) of Pub. L. 97-276 funds

are not available to pay a salary at a rate which exceeds the rate

in effect on Sept. 30, 1982, which was $59,500.00.

Maximum rate payable after Dec. 17, 1982, increased from

$59,500.00 to $68,400.00, see Pub. L. 97-377, title I, Sec.

129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under

section 5318 of this title.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of this title.

1981 - Salaries of positions at level III increased to $67,800

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No.

12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further

provided that pursuant to section 101(c) of Pub. L. 97-51 funds are

not available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1981, which was $55,387.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of this title.

1980 - Salaries of positions at level III increased to $64,700

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No.

12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further

provided that pursuant to section 101(c) of Pub. L. 96-369, funds

are not available to pay a salary at a rate which exceeds the rate

in effect on Sept. 30, 1980, which was $55,387.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by an Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of this title.

1979 - Salaries of positions at level III increased to $59,300

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No.

12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No.

12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further

provided that pursuant to section 101(c) of Pub. L. 96-86 funds

appropriated for fiscal year 1980 may not be used to pay a salary

at a rate which exceeds an increase of 5.5 percent over the rate in

effect on Sept. 30, 1978, which is a maximum rate payable of

$55,387.50.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of this title.

1978 - Salaries of positions at level III increased to $55,400

per annum, effective in the first pay period beginning on or after

Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43

F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to

the Legislative Branch Appropriation Act, 1979, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1978, which was $52,500.

Limitations on use of funds for fiscal year ending Sept. 30,

1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of this title.

1977 - Salaries of positions at level III increased to $52,500

per annum, on recommendation of the President of the United States,

see note set out under section 358 of Title 2, The Congress.

1976 - Salaries of positions at level III increased to $44,000

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1,

1976, 41 F.R. 43889, set out as a note under section 5332 of this

title. Ex. Ord. No. 11941, further provided that pursuant to the

Legislative Branch Appropriation Act, 1977, funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1976, which was $42,000.

1975 - Salaries of positions at level III increased to $42,000

per annum, effective on the first day of the first pay period

beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6,

1975, 40 F.R. 47091.

1969 - Salaries of positions at level III increased from $29,500

to $40,000 per annum, commencing on the first day of the pay period

which begins after February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2, The Congress.

PAY INCREASE; EFFECTIVE DATE

Persons occupying a position under the Executive Schedule on May

18, 1972, and later appointed to a position created or authorized

by Pub. L. 92-302, not eligible to an increase in basic pay until

Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86

Stat. 149.

DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE

Director of Federal Bureau of Investigation, Department of

Justice to receive compensation at rate prescribed for level II of

Federal Executive Salary Schedule (section 5313 of this title),

effective as of day following date on which person holding such

office on June 19, 1968 ceases to serve as Director, see section

1101(a) of Pub. L. 90-351, set out as a note under section 532 of

Title 28, Judiciary and Judicial Procedure.

Position of Director of Federal Bureau of Investigation, referred

to in text, placed temporarily in level II during incumbency of

incumbent on Aug. 14, 1964, by Pub. L. 88-426, Aug. 14, 1964, Sec.

303(b)(15), 78 Stat. 416.

Section 1101(a) of the Omnibus Crime Control and Safe Streets Act

of 1968 (Pub. L. 90-351, June 19, 1968, 82 Stat. 236), which is set

out as a note under section 532 of Title 28, Judiciary and Judicial

Procedure, provided in part that when present incumbent of position

of Director leaves office, his successors will be paid at rate

prescribed for level II.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5315, 5377, 5380, 8432 of

this title; title 2 sections 60a-1, 136a-2, 166, 282b, 288, 474,

1151; title 3 sections 105, 106, 107; title 6 section 531; title 10

section 973; title 12 sections 1422b, 2242, 2278a-2, 2278a-3; title

15 sections 205i, 1503b, 3704; title 17 section 701; title 18

section 207; title 19 section 2171; title 20 sections 4512, 9103;

title 22 sections 2651a, 3505, 3961, 6207; title 24 section 415;

title 26 section 3121; title 28 section 591; title 31 section 703;

title 35 section 5; title 42 sections 410, 1864a, 5871, 5872, 6612,

7132, 7134, 7211, 7291, 7293, 10242, 12651c; title 44 section 2103;

title 49 sections 106, 701.

-CITE-

5 USC Sec. 5315 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5315. Positions at level IV

-STATUTE-

Level IV of the Executive Schedule applies to the following

positions, for which the annual rate of basic pay shall be the rate

determined with respect to such level under chapter 11 of title 2,

as adjusted by section 5318 of this title:

Deputy Administrator of General Services.

Associate Administrator of the National Aeronautics and Space

Administration.

Assistant Administrators, Agency for International Development

(6).

Regional Assistant Administrators, Agency for International

Development (4).

Under Secretary of the Air Force.

Under Secretary of the Army.

Under Secretary of the Navy.

Assistant Secretaries of Agriculture (3).

Assistant Secretaries of Commerce (11).

Assistant Secretaries of Defense (9).

Assistant Secretaries of the Air Force (4).

Assistant Secretaries of the Army (5).

Assistant Secretaries of the Navy (4).

Assistant Secretaries of Health and Human Services (6).

Assistant Secretaries of the Interior (6).

Assistant Attorneys General (10).

Assistant Secretaries of Labor (10), one of whom shall be the

Assistant Secretary of Labor for Veterans' Employment and

Training.

Assistant Secretaries of State (24) and 4 other State

Department officials to be appointed by the President, by and

with the advice and consent of the Senate.

Assistant Secretaries of the Treasury (7).

Members, United States International Trade Commission (5).

Assistant Secretaries of Education (10).

General Counsel, Department of Education.

Inspector General, Department of Education.

Director of Civil Defense, Department of the Army.

Deputy Director of the Office of Emergency Planning.

Deputy Director of the Office of Science and Technology.

Deputy Director of the Peace Corps.

Assistant Directors of the Office of Management and Budget (3).

General Counsel of the Department of Agriculture.

General Counsel of the Department of Commerce.

General Counsel of the Department of Defense.

General Counsel of the Department of Health and Human Services.

Solicitor of the Department of the Interior.

Solicitor of the Department of Labor.

General Counsel of the National Labor Relations Board.

General Counsel of the Department of the Treasury.

First Vice President of the Export-Import Bank of Washington.

Members, Council of Economic Advisers.

Members, Board of Directors of the Export-Import Bank of

Washington.

Members, Federal Communications Commission.

Member, Board of Directors of the Federal Deposit Insurance

Corporation.

Directors, Federal Housing Finance Board.

Members, Federal Energy Regulatory Commission.

Members, Federal Trade Commission.

Members, Surface Transportation Board.

Members, National Labor Relations Board.

Members, Securities and Exchange Commission.

Members, Board of Directors of the Tennessee Valley Authority.

Members, Merit Systems Protection Board.

Members, Federal Maritime Commission.

Members, National Mediation Board.

Members, Railroad Retirement Board.

Director of Selective Service.

Associate Director of the Federal Bureau of Investigation,

Department of Justice.

Members, Equal Employment Opportunity Commission (4).

Director, Community Relations Service.

Members, National Transportation Safety Board.

General Counsel, Department of Transportation.

Deputy Administrator, Federal Aviation Administration.

Assistant Secretaries of Transportation (4).

Deputy Federal Highway Administrator.

Administrator of the Saint Lawrence Seaway Development

Corporation.

Assistant Secretary for Science, Smithsonian Institution.

Assistant Secretary for History and Art, Smithsonian

Institution.

Deputy Administrator of the Small Business Administration.

Assistant Secretaries of Housing and Urban Development (8).

General Counsel of the Department of Housing and Urban

Development.

Commissioner of Interama.

Federal Insurance Administrator, Federal Emergency Management

Agency.

Executive Vice President, Overseas Private Investment

Corporation.

Members, National Credit Union Administration Board (2).

Members, Postal Rate Commission (4).

Members, Occupational Safety and Health Review Commission.

Deputy Under Secretaries of the Treasury (or Assistant

Secretaries of the Treasury) (2).

Members, Consumer Product Safety Commission (4).

Members, Commodity Futures Trading Commission.

Director of Nuclear Reactor Regulation, Nuclear Regulatory

Commission.

Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission.

Director of Nuclear Regulatory Research, Nuclear Regulatory

Commission.

Executive Director for Operations, Nuclear Regulatory

Commission.

President, Government National Mortgage Association, Department

of Housing and Urban Development.

Assistant Secretary of Commerce for Oceans and Atmosphere, the

incumbent of which also serves as Deputy Administrator of the

National Oceanic and Atmospheric Administration.

Director, Bureau of Prisons, Department of Justice.

Assistant Secretaries of Energy (6).

General Counsel of the Department of Energy.

Administrator, Economic Regulatory Administration, Department

of Energy.

Administrator, Energy Information Administration, Department of

Energy.

Inspector General, Department of Energy.

Director, Office of Science, Department of Energy.

Assistant Secretary of Labor for Mine Safety and Health.

Members, Federal Mine Safety and Health Review Commission.

President, National Consumer Cooperative Bank.

Inspector General, Department of Health and Human Services.

Inspector General, Department of Agriculture.

Special Counsel of the Merit Systems Protection Board.

Inspector General, Department of Housing and Urban Development.

Chairman, Federal Labor Relations Authority.

Inspector General, Department of Labor.

Inspector General, Department of Transportation.

Inspector General, Department of Veterans Affairs.

Assistant Secretaries, Department of Homeland Security.

General Counsel, Department of Homeland Security.

Officer for Civil Rights and Civil Liberties, Department of

Homeland Security.

Chief Financial Officer, Department of Homeland Security.

Chief Information Officer, Department of Homeland Security.

Inspector General, Department of Homeland Security.

Deputy Director, Institute for Scientific and Technological

Cooperation.

Director of the National Institute of Justice.

Director of the Bureau of Justice Statistics.

Chief Counsel for Advocacy, Small Business Administration.

Inspector General, Department of Defense.

Assistant Administrator for Toxic Substances, Environmental

Protection Agency.

Assistant Administrator, Office of Solid Waste, Environmental

Protection Agency.

Assistant Administrators, Environmental Protection Agency (8).

Director of Operational Test and Evaluation, Department of

Defense.

Special Representatives of the President for arms control,

nonproliferation, and disarmament matters, Department of State.

Administrator of the Health Care Financing Administration.

Director, National Institute of Standards and Technology,

Department of Commerce.

Inspector General, Department of State.

Director of Defense Research and Engineering.

Ambassadors at Large.

Assistant Secretary of Commerce and Director General of the

United States and Foreign Commercial Service.

Inspector General, Department of Commerce.

Inspector General, Department of the Interior.

Inspector General, Department of Justice.

Inspector General, Department of the Treasury.

Inspector General, Agency for International Development.

Inspector General, Environmental Protection Agency.

Inspector General, Export-Import Bank.

Inspector General, Federal Emergency Management Agency.

Inspector General, General Services Administration.

Inspector General, National Aeronautics and Space

Administration.

Inspector General, Nuclear Regulatory Commission.

Inspector General, Office of Personnel Management.

Inspector General, Railroad Retirement Board.

Inspector General, Small Business Administration.

Inspector General, Tennessee Valley Authority.

Inspector General, Federal Deposit Insurance Corporation.

Assistant Secretaries, Department of Veterans Affairs (7).

General Counsel, Department of Veterans Affairs.

Commissioner of Food and Drugs, Department of Health and Human

Services (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

period.

Chairman, Board of Veterans' Appeals.

Administrator, Office of Juvenile Justice and Delinquency

Prevention.

Director, United States Marshals Service.

Inspector General, Resolution Trust Corporation.

Chairman, United States Parole Commission.

Director, Bureau of the Census, Department of Commerce.

Director of the Institute of Museum and Library Services.

Chief Financial Officer, Department of Agriculture.

Chief Financial Officer, Department of Commerce.

Chief Financial Officer, Department of Education.

Chief Financial Officer, Department of Energy.

Chief Financial Officer, Department of Health and Human

Services.

Chief Financial Officer, Department of Housing and Urban

Development.

Chief Financial Officer, Department of the Interior.

Chief Financial Officer, Department of Justice.

Chief Financial Officer, Department of Labor.

Chief Financial Officer, Department of State.

Chief Financial Officer, Department of Transportation.

Chief Financial Officer, Department of the Treasury.

Chief Financial Officer, Department of Veterans Affairs.

Chief Financial Officer, Environmental Protection Agency.

Chief Financial Officer, National Aeronautics and Space

Administration.

Commissioner, Office of Navajo and Hopi Indian Relocation.

Inspector General, Central Intelligence Agency (FOOTNOTE 1)

Deputy Under Secretary of Defense for Policy.

Deputy Under Secretary of Defense for Personnel and Readiness.

General Counsel of the Department of the Army.

General Counsel of the Department of the Navy.

General Counsel of the Department of the Air Force.

Liaison for Community and Junior Colleges, Department of

Education.

Director of the Office of Educational Technology.

Director of the International Broadcasting Bureau.

Inspector General, Social Security Administration.

The (FOOTNOTE 2) Commissioner of Labor Statistics, Department

of Labor.

(FOOTNOTE 2) The word ''The'' probably should not appear.

Administrator, Rural Utilities Service, Department of

Agriculture.

Chief Information Officer, Department of Agriculture.

Chief Information Officer, Department of Commerce.

Chief Information Officer, Department of Defense (unless the

official designated as the Chief Information Officer of the

Department of Defense is an official listed under section 5312,

5313, or 5314 of this title).

Chief Information Officer, Department of Education.

Chief Information Officer, Department of Energy.

Chief Information Officer, Department of Health and Human

Services.

Chief Information Officer, Department of Housing and Urban

Development.

Chief Information Officer, Department of the Interior.

Chief Information Officer, Department of Justice.

Chief Information Officer, Department of Labor.

Chief Information Officer, Department of State.

Chief Information Officer, Department of Transportation.

Chief Information Officer, Department of the Treasury.

Chief Information Officer, Department of Veterans Affairs.

Chief Information Officer, Environmental Protection Agency.

Chief Information Officer, National Aeronautics and Space

Administration.

Chief Information Officer, Agency for International

Development.

Chief Information Officer, Federal Emergency Management Agency.

Chief Information Officer, General Services Administration.

Chief Information Officer, National Science Foundation.

Chief Information Officer, Nuclear Regulatory Agency.

Chief Information Officer, Office of Personnel Management.

Chief Information Officer, Small Business Administration.

Inspector General, United States Postal Service.

Assistant Directors of Central Intelligence (3).

General Counsel of the Central Intelligence Agency.

Principal Deputy Administrator, National Nuclear Security

Administration.

Additional Deputy Administrators of the National Nuclear

Security Administration (3), but if the Deputy Administrator for

Naval Reactors is an officer of the Navy on active duty, (2).

Deputy Under Secretary of Commerce for Intellectual Property

and Deputy Director of the United States Patent and Trademark

Office.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 461; Pub. L. 89-670, Sec.

10(d)(4), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 89-734, Sec.

1(1), Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, Sec. 8(c)(1),

Nov. 6, 1966, 80 Stat. 1364; Pub. L. 90-83, Sec. 1(15), Sept. 11,

1967, 81 Stat. 198; Pub. L. 90-206, title II, Sec. 215(b), Dec. 16,

1967, 81 Stat. 638; Pub. L. 90-351, title I, Sec. 505, June 19,

1968, 82 Stat. 205; Pub. L. 90-448, title XI, Sec. 1105(b), title

XVII, Sec. 1708(b), Aug. 1, 1968, 82 Stat. 567, 606; Pub. L.

90-623, Sec. 1(4), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-121,

title IV, Sec. 404(b), Nov. 19, 1969, 83 Stat. 207; Pub. L. 91-175,

pt. V, Sec. 503(2), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91-206,

Sec. 5(b), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91-375, Sec.

6(c)(14), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-469, Sec. 42(b),

Oct. 21, 1970, 84 Stat. 1038; Pub. L. 91-477, Sec. 3(b), Oct. 21,

1970, 84 Stat. 1072; Pub. L. 91-596, Sec. 12(c)(2), 29(b), Dec. 29,

1970, 84 Stat. 1604, 1619; Pub. L. 91-611, title II, Sec. 211(b),

Dec. 31, 1970, 84 Stat. 1829; Pub. L. 91-644, title I, Sec. 7 (1),

(2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, Sec. 2, June 1,

1971, 85 Stat. 76; Pub. L. 92-181, title V, Sec. 5.41(a), formerly

Sec. 5.27(a), Dec. 10, 1971, 85 Stat. 625, renumbered Pub. L.

99-205, title II, Sec. 205(a)(2), Dec. 23, 1985, 99 Stat. 1703;

Pub. L. 92-215, Sec. 2, Dec. 22, 1971, 85 Stat. 777; Pub. L.

92-255, title II, Sec. 212(b), Mar. 21, 1972, 86 Stat. 69; Pub. L.

92-261, Sec. 9(b), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302,

Sec. 2(c), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, title I,

Sec. 104(3), July 13, 1972, 86 Stat. 490; Pub. L. 92-419, title VI,

Sec. 604(b), Aug. 30, 1972, 86 Stat. 676; Pub. L. 92-573, Sec.

4(h)(2), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 92-603, title IV,

Sec. 404(b), Oct. 30, 1972, 86 Stat. 1488; Pub. L. 90-351, title I,

Sec. 506(a), as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat.

211; Pub. L. 93-126, Sec. 9(b), as added Pub. L. 93-312, Sec. 9,

June 8, 1974, 88 Stat. 238; Pub. L. 93-383, title VIII, Sec.

818(c), Aug. 22, 1974, 88 Stat. 740; Pub. L. 93-400, Sec. 13, Aug.

30, 1974, 88 Stat. 799; Pub. L. 93-438, title III, Sec. 310(3),

Oct. 11, 1974, 88 Stat. 1253; Pub. L. 93-463, title I, Sec. 102(b),

Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, title I, Sec.

172(c)(2), Jan. 3, 1975, 88 Stat. 2010; Pub. L. 94-82, title II,

Sec. 202(b)(4), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-123, Sec.

2(c)(2), Oct. 22, 1975, 89 Stat. 670; Pub. L. 94-183, Sec. 2(18),

Dec. 31, 1975, 89 Stat. 1057; Pub. L. 92-255, title II, Sec.

209(b), as added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat.

243; Pub. L. 94-375, Sec. 17(c), Aug. 3, 1976, 90 Stat. 1077; Pub.

L. 94-461, Sec. 4(b), Oct. 8, 1976, 90 Stat. 1969; Pub. L. 94-503,

title II, Sec. 202(b), Oct. 15, 1976, 90 Stat. 2426; Pub. L.

94-561, Sec. 3(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95-88,

title I, Sec. 124(b), Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-91,

title VII, Sec. 710(f), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-105,

title I, Sec. 109(d), Aug. 17, 1977, 91 Stat. 847; Pub. L. 95-108,

Sec. 2(b), Aug. 17, 1977, 91 Stat. 871; Pub. L. 95-164, title III,

Sec. 302(b), Nov. 9, 1977, 91 Stat. 1319; Pub. L. 95-173, Sec.

9(b), Nov. 12, 1977, 91 Stat. 1360; Pub. L. 95-351, title III, Sec.

302, Aug. 20, 1978, 92 Stat. 514; Pub. L. 95-426, title I, Sec.

114(b)(2), 115(b)(1), Oct. 7, 1978, 92 Stat. 969; Pub. L. 95-452,

Sec. 10(a), Oct. 12, 1978, 92 Stat. 1108; Pub. L. 95-454, title II,

Sec. 202(c)(2), (3), title VII, Sec. 703(d), Oct. 13, 1978, 92

Stat. 1131, 1217;

Pub. L. 95-630, title V, Sec. 502(e), Nov. 10, 1978, 92 Stat.

3681; Pub. L. 96-39, title XI, Sec. 1106(c)(4), July 26, 1979, 93

Stat. 312; Pub. L. 96-53, title IV, Sec. 412(b), Aug. 14, 1979, 93

Stat. 377; Pub. L. 96-54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat.

382; Pub. L. 96-88, title V, Sec. 508(e), (g), Oct. 17, 1979, 93

Stat. 692; Pub. L. 96-107, title VIII, Sec. 820(e)(1), Nov. 9,

1979, 93 Stat. 819; Pub. L. 96-132, Sec. 5, Nov. 30, 1979, 93 Stat.

1045; Pub. L. 96-153, title VI, Sec. 603(b), Dec. 21, 1979, 93

Stat. 1138; Pub. L. 90-351, title I, Sec. 809, as added Pub. L.

96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204; Pub. L. 96-302, title

IV, Sec. 403, July 2, 1980, 94 Stat. 850; Pub. L. 96-511, Sec.

4(d), Dec. 11, 1980, 94 Stat. 2826; Pub. L. 97-31, Sec. 12(1)(B),

Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-35, title III, Sec.

396(h)(4), Aug. 13, 1981, 95 Stat. 441; Pub. L. 97-98, title XIV,

Sec. 1414(b), Dec. 22, 1981, 95 Stat. 1303; Pub. L. 97-195, Sec.

1(b)(2), June 16, 1982, 96 Stat. 115; Pub. L. 97-252, title XI,

Sec. 1117(d), Sept. 8, 1982, 96 Stat. 753; Pub. L. 97-325, Sec.

8(b), Oct. 15, 1982, 96 Stat. 1605; Pub. L. 97-449, Sec. 3(3), Jan.

12, 1983, 96 Stat. 2441; Pub. L. 98-80, Sec. 2(c)(1), Aug. 23,

1983, 97 Stat. 485; Pub. L. 98-94, title XII, Sec. 1211(b),

1212(d), Sept. 24, 1983, 97 Stat. 686, 687; Pub. L. 98-164, title

I, Sec. 125(b)(2), Nov. 22, 1983, 97 Stat. 1026; Pub. L. 98-202,

Sec. 6(b), Dec. 2, 1983, 97 Stat. 1382; Pub. L. 98-216, Sec.

3(a)(3), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98-369, title III, Sec.

2332(b), July 18, 1984, 98 Stat. 1089; Pub. L. 98-443, Sec. 9(e),

Oct. 4, 1984, 98 Stat. 1707; Pub. L. 98-473, title II, Sec.

609J(b), 1701(b), Oct. 12, 1984, 98 Stat. 2102, 2185; Pub. L.

98-594, Sec. 1(b), Oct. 30, 1984, 98 Stat. 3129;

Pub. L. 99-64, title I, Sec. 116(c), July 12, 1985, 99 Stat. 153;

Pub. L. 99-73, Sec. 6(b)(1), July 29, 1985, 99 Stat. 173; Pub. L.

99-93, title I, Sec. 115(b), title VII, Sec. 704(a)(2), Aug. 16,

1985, 99 Stat. 411, 445; Pub. L. 99-399, title I, Sec. 104(c),

title IV, Sec. 412(c), 413(e), formerly 413(a)(5), Aug. 27, 1986,

100 Stat. 856, 867, 868, as renumbered Pub. L. 100-204, title I,

Sec. 134(b), Dec. 22, 1987, 101 Stat. 1344; Pub. L. 99-500, Sec.

101(c) (title X, Sec. 903(b)(2)(B)), Oct. 18, 1986, 100 Stat.

1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) (title X, Sec.

903(b)(2)(B)), Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; Pub. L.

99-619, Sec. 2(b)(2), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 99-659,

title IV, Sec. 407(e)(2), Nov. 14, 1986, 100 Stat. 3740; Pub. L.

99-661, div. A, title IX, formerly title IV, Sec. 903(b)(2)(B),

Nov. 14, 1986, 100 Stat. 3912, as renumbered Pub. L. 100-26, Sec.

3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-204, title I, Sec.

178(a)(2), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 100-297, title

III, Sec. 3001(b)(2), Apr. 28, 1988, 102 Stat. 331; Pub. L.

100-418, title II, Sec. 2301(i), formerly Sec. 2301(h), title V,

Sec. 5112(c)(2), Aug. 23, 1988, 102 Stat. 1341, 1431, as renumbered

Pub. L. 102-429, title II, Sec. 203(b)(1), Oct. 21, 1992, 106 Stat.

2201; Pub. L. 100-485, title VI, Sec. 603(b), Oct. 13, 1988, 102

Stat. 2409; Pub. L. 100-504, title I, Sec. 103(a), Oct. 18, 1988,

102 Stat. 2521; Pub. L. 100-527, Sec. 13(f), Oct. 25, 1988, 102

Stat. 2643; Pub. L. 100-607, title V, Sec. 503(b)(2), Nov. 4, 1988,

102 Stat. 3121; Pub. L. 100-679, Sec. 11(d), Nov. 17, 1988, 102

Stat. 4070; Pub. L. 100-687, div. A, title II, Sec. 201(b)(1),

Nov. 18, 1988, 102 Stat. 4109; Pub. L. 100-690, title I, Sec.

1003(a)(4)(C), 1007(c)(4), title VII, Sec. 7252(b)(3), 7608(e),

Nov. 18, 1988, 102 Stat. 4182, 4188, 4436, 4517; Pub. L. 101-73,

title V, Sec. 501(b)(2)(A), title VII, Sec. 742(a)(2), Aug. 9,

1989, 103 Stat. 393, 436; Pub. L. 101-189, div. A, title XI, Sec.

1112, Nov. 29, 1989, 103 Stat. 1554; Pub. L. 101-319, Sec. 3(a),

July 3, 1990, 104 Stat. 290; Pub. L. 101-509, title V, Sec. 529

(title I, Sec. 113(2)), Nov. 5, 1990, 104 Stat. 1427, 1455; Pub. L.

101-512, title III, Sec. 318 (title II, Sec. 202(a)(2)), Nov. 5,

1990, 104 Stat. 1960, 1975; Pub. L. 101-576, title II, Sec. 207(c),

Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102-138, title I, Sec.

122(d)(1), Oct. 28, 1991, 105 Stat. 659; Pub. L. 102-180, Sec.

3(g), Dec. 2, 1991, 105 Stat. 1231; Pub. L. 102-183, title IV, Sec.

404, Dec. 4, 1991, 105 Stat. 1267;

Pub. L. 102-190, div. A, title IX, Sec. 901(b), 903(a)(1), div.

C, title XXXV, Sec. 3504(a), Dec. 5, 1991, 105 Stat. 1450, 1451,

1586; Pub. L. 102-325, title XV, Sec. 1553(b), July 23, 1992, 106

Stat. 839; Pub. L. 102-359, Sec. 2(b)(1), Aug. 26, 1992, 106 Stat.

962; Pub. L. 102-552, title II, Sec. 201(b)(2), Oct. 28, 1992, 106

Stat. 4105; Pub. L. 103-123, title I, Sec. 108(a)(2), Oct. 28,

1993, 107 Stat. 1234; Pub. L. 103-160, div. A, title IX, Sec.

902(a)(2), 903(c)(2), Nov. 30, 1993, 107 Stat. 1727, 1728; Pub. L.

103-171, Sec. 3(b)(1), Dec. 2, 1993, 107 Stat. 1991; Pub. L.

103-204, Sec. 23(b), Dec. 17, 1993, 107 Stat. 2408; Pub. L.

103-227, title II, Sec. 233(b), Mar. 31, 1994, 108 Stat. 155; Pub.

L. 103-236, title I, Sec. 162(d)(2), title III, Sec. 307(b)(2),

title VII, Sec. 708(b), Apr. 30, 1994, 108 Stat. 405, 436, 494;

Pub. L. 103-272, Sec. 4(b)(2), July 5, 1994, 108 Stat. 1361; Pub.

L. 103-296, title I, Sec. 106(a)(7)(B), 108(e)(3), Aug. 15, 1994,

108 Stat. 1476, 1486; Pub. L. 103-333, title I, Sec. 106, Sept. 30,

1994, 108 Stat. 2548; Pub. L. 103-337, div. A, title IX, Sec.

901(b), Oct. 5, 1994, 108 Stat. 2822; Pub. L. 103-354, title II,

Sec. 218(d), 232(b)(3), Oct. 13, 1994, 108 Stat. 3212, 3219; Pub.

L. 104-88, title III, Sec. 301(b), Dec. 29, 1995, 109 Stat. 943;

Pub. L. 104-105, title II, Sec. 219(b)(2), Feb. 10, 1996, 110 Stat.

184; Pub. L. 104-106, div. A, title IX, Sec. 902(b), div. E,

title LI, Sec. 5125(e), Feb. 10, 1996, 110 Stat. 401, 686; Pub. L.

104-127, title VII, Sec. 723(b), Apr. 4, 1996, 110 Stat. 1119; Pub.

L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

709(b)(1)), (f) (title VI, Sec. 662(c)(1)), Sept. 30, 1996, 110

Stat. 3009-233, 3009-313, 3009-314, 3009-380; Pub. L. 104-293,

title VIII, Sec. 812(b), 813(c), Oct. 11, 1996, 110 Stat. 3482,

3483; Pub. L. 105-85, div. A, title X, Sec. 1073(e)(1), div. C,

title XXXV, Sec. 3550(b), Nov. 18, 1997, 111 Stat. 1906, 2074; Pub.

L. 105-245, title III, Sec. 309(b)(2)(A), Oct. 7, 1998, 112 Stat.

1853; Pub. L. 105-261, div. A, title IX, Sec. 901(b), Oct. 17,

1998, 112 Stat. 2091; Pub. L. 105-277, div. A, Sec. 101(a) (title

X, Sec. 1003), div. G, subdiv. A, title XII, Sec. 1224(3), title

XIII, Sec. 1314(c), 1332(2), subdiv. B, title XXIII, Sec.

2305(b)(2), Oct. 21, 1998, 112 Stat. 2681, 2681-42, 2681-772,

2681-776, 2681-785, 2681-825; Pub. L. 105-368, title IV, Sec.

403(b)(2), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106-65, div. C,

title XXXII, Sec. 3293(b), 3294(a)(1), Oct. 5, 1999, 113 Stat. 969,

970; Pub. L. 106-113, div. B, Sec. 1000(a)(5) (title II, Sec.

238(a)(1)), 1000(a)(9) (title IV, Sec. 4720(b)), Nov. 29, 1999, 113

Stat. 1536, 1501A-302, 1501A-581; Pub. L. 106-422, Sec. 1(c), Nov.

1, 2000, 114 Stat. 1872; Pub. L. 107-107, div. A, title IX, Sec.

901(b), (c)(2), div. C, title XXXI, Sec. 3141(b), Dec. 28, 2001,

115 Stat. 1194, 1370; Pub. L. 107-171, title VI, Sec. 6201(d)(1),

title X, Sec. 10704(b), May 13, 2002, 116 Stat. 419, 518; Pub. L.

107-189, Sec. 22(b), June 14, 2002, 116 Stat. 708; Pub. L. 107-279,

title IV, Sec. 404(b), Nov. 5, 2002, 116 Stat. 1985; Pub. L.

107-287, Sec. 5(d), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 107-296,

title XVII, Sec. 1702(a)(4), (5), Nov. 25, 2002, 116 Stat. 2313;

Pub. L. 107-314, div. A, title IX, Sec. 902(d), Dec. 2, 2002, 116

Stat. 2621.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(1)-(69) 5 U.S.C. 2211(d). Aug. 14, 1964, Pub.

L. 88-426, Sec.

303(d), 78 Stat.

417.

(70), (71) 5 U.S.C. 2211(c)(39) Aug. 14, 1964, Pub.

(proviso), (46) L. 88-426, Sec.

(proviso). 303(c)(39)

(proviso), (46)

(proviso), 78 Stat.

417.

(72)-(77) 5 U.S.C. 2211(g). Aug. 14, 1964, Pub.

L. 88-426, Sec.

303(g), 78 Stat.

422.

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

Paragraphs (72)-(77) are added on authority of former section

2211(g) which authorized the President to place, from Aug. 15,

1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and

V of the Federal Executive Salary Schedule. Pursuant to this

authority, the President by Executive Order No. 11189, Nov. 23,

1964, as amended by Executive Order No. 11195, Jan. 30, 1965,

placed the positions listed in paragraphs (72)-(77) in Level IV.

Standard changes are made to conform with the definitions

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

to the report.

1967 Act

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

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

Large)

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

5315(12) 5 App.: 2211(d)(12). Aug. 26, 1965, Pub.

L. 89-136, Sec.

601(b), 79 Stat.

569.

5315(17) 5 App.: 2211(d)(17). Aug. 9, 1965, Pub.

L. 89-115, Sec.

4(c) (words before

semicolon), 79

Stat. 449. Oct. 2,

1965, Pub. L. 89-

234, Sec. 1(b) (last

sentence), 79 Stat.

903.

(Uncodified). 1966 Reorg. Plan No.

2, Sec. 5(a), eff.

May 10, 1966, 80

Stat. 1609.

5315(18) (Uncodified). 1966 Reorg. Plan No.

2, Sec. 2 (last 20

words), eff. May

10, 1966, 80 Stat.

1609.

5315(21) 5 App.: 2211(d)(21). July 5, 1966, Pub.

L. 89-492, Sec. 3,

80 Stat. 262.

5315(30) 5 App.: 2211(d)(30). July 18, 1966, Pub.

L. 89-504, Sec.

408(b), 80 Stat.

299.

5315(87), (88). 42: 3533(a) (as Sept. 9, 1965, Pub.

applicable to L. 89-174, Sec.

compensation of 4(a) (as applicable

four Assistant to compensation of

Secretaries and four Assistant

General Counsel). Secretaries and

General Counsel),

79 Stat. 668.

5315(89) 22: 2083(a) (1st Feb. 19, 1966, Pub.

sentence, less 1st L. 89-355, Sec.

20 words). 3(a) (1st sentence,

less 1st 20 words),

80 Stat. 6.

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

The deletion of paragraphs (25)-(28) of 5 U.S.C. 5315 reflects

the abolition of the positions of ''Commissioner, Community

Facilities Administration'', ''Commissioner, Federal Housing

Administration'', ''Commissioner, Public Housing Administration'',

and ''Commissioner, Urban Renewal Administration'' by the act of

September 9, 1965, Public Law 89-174, sections 5(a), 9(c), 79 Stat.

669, 671.

The redesignation of paragraphs (78) and (79), added by Public

Law 89-734, and of paragraph (78), added by Public Law 89-779, as

paragraphs ''(84)'', ''(85)'', and ''(86)'', respectively, reflects

the addition of paragraphs (78)-(83) by section 10(d)(4) of Public

Law 89-670.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

The paragraph designation for the positions added or amended by

Pub. L. 96-88 and Pub. L. 96-302 has been omitted in view of the

deletion of all paragraph designations in this section by Pub. L.

96-54.

Amendment by Pub. L. 94-237 to formerly designated par. (95) of

this section has been editorially made to formerly designated par.

(96) of this section relating to the Deputy Director, Office of

Drug Abuse Policy, in view of redesignation of par. (95) as (96) by

Pub. L. 94-183 as the probable intent of Congress.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-314, which directed the repeal of Pub. L.

107-107, Sec. 901(c), was executed by substituting ''(9)'' for

''(8)'' in item relating to Assistant Secretaries of Defense to

reflect the probable intent of Congress. See 2001 Amendment note

below.

Pub. L. 107-296, Sec. 1702(a)(5), struck out item relating to

Commissioner of Immigration and Naturalization, Department of

Justice.

Pub. L. 107-296, Sec. 1702(a)(4), inserted items relating to

Assistant Secretaries, Department of Homeland Security, General

Counsel, Department of Homeland Security, Officer for Civil Rights

and Civil Liberties, Department of Homeland Security, Chief

Financial Officer, Department of Homeland Security, Chief

Information Officer, Department of Homeland Security, and Inspector

General, Department of Homeland Security.

Pub. L. 107-287 substituted ''(7)'' for ''(6)'' in item relating

to Assistant Secretaries, Department of Veterans Affairs.

Pub. L. 107-279 struck out item relating to Commissioner,

National Center for Education Statistics.

Pub. L. 107-189 inserted item relating to Inspector General,

Export-Import Bank.

Pub. L. 107-171, Sec. 10704(b), substituted ''(3)'' for ''(2)''

in item relating to Assistant Secretaries of Agriculture.

Pub. L. 107-171, Sec. 6201(d)(1), struck out item relating to

Executive Director of the Alternative Agricultural Research and

Commercialization Corporation.

2001 - Pub. L. 107-107, Sec. 3141(b), inserted item relating to

Principal Deputy Administrator, National Nuclear Security

Administration and inserted ''Additional'' before ''Deputy

Administrators of the National Nuclear Security Administration''.

Pub. L. 107-107, Sec. 901(c)(2), which substituted ''(8)'' for

''(9)'' in item relating to Assistant Secretaries of Defense, was

repealed by Pub. L. 107-314. See 2002 Amendment note above.

Pub. L. 107-107, Sec. 901(b), inserted item relating to Deputy

Under Secretary of Defense for Personnel and Readiness.

2000 - Pub. L. 106-422 inserted item relating to Inspector

General, Tennessee Valley Authority.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) (title IV, Sec. 4720(b)),

inserted item relating to Deputy Under Secretary of Commerce for

Intellectual Property and Deputy Director of the United States

Patent and Trademark Office.

Pub. L. 106-113, Sec. 1000(a)(5) (title II, Sec. 238(a)(1)),

struck out ''Commissioner of Customs, Department of the Treasury''.

Pub. L. 106-65, Sec. 3294(a)(1), substituted ''(6)'' for ''(8)''

in item relating to Assistant Secretaries of Energy.

Pub. L. 106-65, Sec. 3293(b), inserted item relating to Deputy

Administrators of the National Nuclear Security Administration.

1998 - Pub. L. 105-368 struck out item relating to Director of

the National Cemetery System.

Pub. L. 105-277, Sec. 2305(b)(2), which directed the substitution

of ''Assistant Secretaries of State (24)'' for ''Assistant

Secretaries of State (20)'', was executed by making the

substitution for ''20 Assistant Secretaries of State'' in item

relating to Assistant Secretaries of State and 4 other State

Department officials to be appointed by the President, by and with

the advice and consent of the Senate, to reflect the probable

intent of Congress.

Pub. L. 105-277, Sec. 1332(2), struck out item relating to Deputy

Director of the United States Information Agency and substituted

''Director of the International Broadcasting Bureau.'' for

''Director of the International Broadcasting Bureau, the United

States Information Agency.''

Pub. L. 105-277, Sec. 1314(c), struck out item relating to

Inspector General, United States Information Agency.

Pub. L. 105-277, Sec. 1224(3), struck out item relating to

Assistant Directors, United States Arms Control and Disarmament

Agency (4) and substituted ''Special Representatives of the

President for arms control, nonproliferation, and disarmament

matters, Department of State'' for ''Special Representatives of the

President for arms control, nonproliferation, and disarmament

matters, United States Arms Control and Disarmament Agency''.

Pub. L. 105-277, Sec. 101(a) (title X, Sec. 1003), substituted

''Assistant Secretaries of Agriculture (2)'' for ''Assistant

Secretaries of Agriculture (3)''.

Pub. L. 105-261 substituted ''(9)'' for ''(10)'' in item relating

to Assistant Secretaries of Defense.

Pub. L. 105-245 substituted ''Director, Office of Science,

Department of Energy'' for ''Director, Office of Energy Research,

Department of Energy''.

1997 - Pub. L. 105-85, Sec. 3550(b), struck out item relating to

Administrator of the Panama Canal Commission.

Pub. L. 105-85, Sec. 1073(e)(1), inserted ''the'' before

''Interior'' in item relating to Chief Information Officer of

Department of the Interior and before ''Treasury'' in item relating

to Chief Information Officer of Department of the Treasury.

1996 - Pub. L. 104-293 inserted items relating to Assistant

Directors of Central Intelligence and General Counsel of Central

Intelligence Agency.

Pub. L. 104-208, Sec. 101(f) (title VI, Sec. 662(c)(1)), inserted

item relating to Inspector General, United States Postal Service.

Pub. L. 104-208, Sec. 101(e) (title VII, Sec. 709(b)(1)),

substituted ''Museum and Library Services'' for ''Museum Services''

after ''Director of the Institute of''.

Pub. L. 104-127 inserted item relating to Executive Director of

the Alternative Agricultural Research and Commercialization

Corporation.

Pub. L. 104-106, Sec. 5125(e), inserted items relating to Chief

Information Officer of Departments of Agriculture, Commerce,

Defense, Education, Energy, Health and Human Services, Housing and

Urban Development, Interior, Justice, Labor, State, Transportation,

Treasury, and Veterans Affairs and Chief Information Officer of

Environmental Protection Agency, National Aeronautics and Space

Administration, Agency for International Development, Federal

Emergency Management Agency, General Services Administration,

National Science Foundation, Nuclear Regulatory Agency, Office of

Personnel Management, and Small Business Administration.

Pub. L. 104-106, Sec. 902(b), substituted ''(10)'' for ''(11)''

in item relating to Assistant Secretaries of Defense.

Pub. L. 104-105 struck out item relating to Members, Board of

Directors of the Farm Credit System Insurance Corporation.

1995 - Pub. L. 104-88 substituted ''Members, Surface

Transportation Board'' for ''Members, Interstate Commerce

Commission''.

1994 - Pub. L. 103-354 substituted ''(3)'' for ''(7)'' in item

relating to Assistant Secretaries of Agriculture and inserted item

relating to Administrator, Rural Utilities Service, Department of

Agriculture.

Pub. L. 103-337 substituted ''(11)'' for ''(10)'' in item

relating to Assistant Secretaries of Defense.

Pub. L. 103-333 inserted item relating to Commissioner of Labor

Statistics, Department of Labor.

Pub. L. 103-296, Sec. 108(e)(3), inserted item relating to

Inspector General, Social Security Administration.

Pub. L. 103-296, Sec. 106(a)(7)(B), struck out item relating to

Commissioner of Social Security, Department of Health and Human

Services.

Pub. L. 103-272 substituted ''Saint'' for ''St.'' in item

relating to Administrator of Saint Lawrence Seaway Development

Corporation.

Pub. L. 103-236, Sec. 708(b), substituted ''Special

Representatives of the President for arms control,

nonproliferation, and disarmament matters, United States Arms

Control and Disarmament Agency'' for ''Special Representatives for

Arms Control and Disarmament Negotiations, United States Arms

Control and Disarmament Agency (2)''.

Pub. L. 103-236, Sec. 307(b)(2), inserted item relating to

Director of the International Broadcasting Bureau, United States

Information Agency.

Pub. L. 103-236, Sec. 162(d)(2), directed insertion of item

relating to 20 Assistant Secretaries of State and 4 other State

Department Officials to be appointed by the President, and struck

out ''Assistant Secretaries of State (15).'', ''Legal Adviser of

the Department of State.'', ''Chief of Protocol, Department of

State.'', ''Assistant Secretary for Oceans and International

Environmental and Scientific Affairs, Department of State.'',

''Assistant Secretary for International Narcotics Matters,

Department of State.'', and ''Assistant Secretary for South Asian

Affairs, Department of State.'' New item was inserted in lieu of

''Assistant Secretaries of State (15).'' to reflect the probable

intent of Congress.

Pub. L. 103-227 inserted item relating to Director of the Office

of Educational Technology.

1993 - Pub. L. 103-204 inserted item relating to Inspector

General, Federal Deposit Insurance Corporation.

Pub. L. 103-171 substituted ''(6)'' for ''(5)'' in item relating

to Assistant Secretaries of Health and Human Services.

Pub. L. 103-160 substituted ''(10)'' for ''(11)'' in item

relating to Assistant Secretaries of Defense and struck out item

relating to Chief Financial Officer, Department of Defense.

Pub. L. 103-123 inserted item relating to Commissioner of

Customs, Department of the Treasury.

1992 - Pub. L. 102-552 inserted item relating to Members, Board

of Directors of the Farm Credit System Insurance Corporation.

Pub. L. 102-359 substituted ''(10)'' for ''(6)'' in item relating

to Assistant Secretaries of Education.

Pub. L. 102-325 inserted item relating to Liaison for Community

and Junior Colleges, Department of Education.

1991 - Pub. L. 102-190, Sec. 3504(a), inserted item relating to

Administrator of the Panama Canal Commission.

Pub. L. 102-190, Sec. 903(a)(1), inserted items relating to

General Counsels of the Departments of the Army, Navy, and Air

Force.

Pub. L. 102-190, Sec. 901(b), inserted item relating to Deputy

Under Secretary of Defense for Policy.

Pub. L. 102-183 inserted item relating to Inspector General of

Central Intelligence Agency.

Pub. L. 102-180 inserted item relating to Commissioner, Office of

Navajo and Hopi Indian Relocation.

Pub. L. 102-138 inserted item relating to Assistant Secretary for

South Asian Affairs, Department of State.

1990 - Pub. L. 101-576 inserted items relating to Chief Financial

Officer of Departments of Agriculture, Commerce, Defense,

Education, Energy, Health and Human Services, Housing and Urban

Development, the Interior, Justice, Labor, State, Transportation,

the Treasury, and Veterans Affairs and Chief Financial Officers of

Environmental Protection Agency and National Aeronautics and Space

Administration.

Pub. L. 101-512 inserted item relating to Director of the

Institute of Museum Services.

Pub. L. 101-509 inserted item relating to Director, Bureau of the

Census, Department of Commerce.

Pub. L. 101-319 inserted item relating to Chairman, United States

Parole Commission.

1989 - Pub. L. 101-189 substituted ''(4)'' for ''(3)'' in item

relating to Assistant Secretaries of the Air Force.

Pub. L. 101-73, Sec. 742(a)(2), substituted ''Directors, Federal

Housing Finance Board'' for ''Members, Federal Home Loan Bank

Board''.

Pub. L. 101-73, Sec. 501(b)(2)(A), inserted item relating to

Inspector General, Resolution Trust Corporation.

1988 - Pub. L. 100-690, Sec. 7608(e), inserted item relating to

Director, United States Marshals Service.

Pub. L. 100-690, Sec. 7252(b)(3), inserted item relating to

Administrator, Office of Juvenile Justice and Delinquency

Prevention.

Pub. L. 100-690, Sec. 1007(c)(4), struck out item relating to

Deputy Director of Office of Drug Abuse Policy.

Pub. L. 100-690, Sec. 1003(a)(4)(C), 1009, temporarily inserted

item relating to Associate Director for National Drug Control

Policy, Office of National Drug Control Policy. See Effective and

Termination Dates of 1988 Amendments note below.

Pub. L. 100-687 inserted item relating to Chairman, Board of

Veterans' Appeals.

Pub. L. 100-679 struck out items relating to Administrator for

Federal Procurement Policy and Administrator, Office of Information

and Regulatory Affairs, Office of Management and Budget.

Pub. L. 100-607 inserted item relating to Commissioner of Food

and Drugs, Department of Health and Human Services.

Pub. L. 100-527 substituted ''Inspector General, Department of

Veterans Affairs'' for ''Inspector General, Veterans'

Administration'' and inserted items relating to Assistant

Secretaries, Department of Veterans Affairs (6),

General Counsel, Department of Veterans Affairs, and Director of

the National Cemetery System.

Pub. L. 100-504 inserted items relating to Inspector General for

Departments of Commerce, Interior, Justice, and Treasury and for

following agencies: Agency for International Development,

Environmental Protection Agency, Federal Emergency Management

Agency, General Services Administration, National Aeronautics and

Space Administration, Nuclear Regulatory Commission, Office of

Personnel Management, Railroad Retirement Board, and Small Business

Administration.

Pub. L. 100-485 substituted ''(5)'' for ''(4)'' in item relating

to Assistant Secretaries of Health and Human Services.

Pub. L. 100-418, Sec. 5112(c)(2), substituted ''Director,

National Institute of Standards and Technology, Department of

Commerce'' for ''Director, National Bureau of Standards, Department

of Commerce''.

Pub. L. 100-418, Sec. 2301(h), inserted item relating to

Assistant Secretary of Commerce and Director General of United

States and Foreign Commercial Service.

Pub. L. 100-297 inserted item relating to Commissioner, National

Center for Education Statistics.

1987 - Pub. L. 100-204 inserted item relating to Ambassadors at

Large.

1986 - Pub. L. 99-619 substituted ''Assistant Secretaries of

Labor (10), one of whom shall be the Assistant Secretary of Labor

for Veterans' Employment and Training'' for ''Assistant Secretaries

of Labor (5)''.

Pub. L. 99-659 substituted ''Assistant Secretary of Commerce for

Oceans and Atmosphere, the incumbent of which also serves as Deputy

Administrator of the National Oceanic and Atmospheric

Administration'' for ''Deputy Administrator, National Oceanic and

Atmospheric Administration'' and struck out item relating to

Associate Administrator, National Oceanic and Atmospheric

Administration.

Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, amended

section identically, inserting item relating to Director of Defense

Research and Engineering.

Pub. L. 99-399, Sec. 104(c), substituted ''(15)'' for ''(14)'' in

item relating to Assistant Secretaries of State.

Pub. L. 99-399, Sec. 412(c), 413(e), formerly Sec. 413(a)(5), as

renumbered by Pub. L. 100-204, Sec. 134(b), inserted items relating

to Inspector General, United States Information Agency, and

Inspector General, Department of State.

1985 - Pub. L. 99-93, Sec. 704(a)(2)(A), struck out item relating

to Deputy Director of United States Arms Control and Disarmament

Agency.

Pub. L. 99-93, Sec. 704(a)(2)(B), inserted item relating to

Assistant Directors, United States Arms Control and Disarmament

Agency (4).

Pub. L. 99-93, Sec. 115(b)(1), struck out item relating to

Director, Bureau of Intelligence and Research, Department of State.

Pub. L. 99-93, Sec. 115(b)(2), substituted ''(14)'' for ''(13)''

in item relating to Assistant Secretaries of State.

Pub. L. 99-73 inserted item relating to Director, National Bureau

of Standards, Department of Commerce.

Pub. L. 99-64 substituted ''(11)'' for ''(8)'' in item relating

to Assistant Secretaries of Commerce.

1984 - Pub. L. 98-594 substituted ''(7)'' for ''(5)'' in item

relating to Assistant Secretaries of the Treasury.

Pub. L. 98-473, Sec. 1701(b), struck out items relating to United

States Attorney for Southern District of New York, United States

Attorney for District of Columbia, United States Attorney for

Northern District of Illinois, and United States Attorney for

Central District of California.

Pub. L. 98-473, Sec. 609J(b), struck out item relating to

Administrator of Law Enforcement Assistance.

Pub. L. 98-443 struck out item relating to members of Civil

Aeronautics Board.

Pub. L. 98-369 inserted item relating to Administrator of Health

Care Financing Administration.

Pub. L. 98-216 substituted ''Assistant Directors of Office of

Management and Budget (3)'' for ''Assistant Directors of the Bureau

of the Budget (3)''.

1983 - Pub. L. 98-202, Sec. 6(b)(1), inserted item relating to

two Special Representatives for Arms Control and Disarmament

Negotiations, United States Arms Control and Disarmament Agency.

Pub. L. 98-202, Sec. 6(b)(2), struck out item relating to Special

Representative for Arms Control and Disarmament Negotiations,

United States Arms Control and Disarmament Agency.

Pub. L. 98-164 struck out item relating to Counselor of

Department of State.

Pub. L. 98-94, Sec. 1212(d)(1), substituted ''(11)'' for ''(7)''

in item relating to Assistant Secretaries of Defense.

Pub. L. 98-94, Sec. 1212(d)(2), substituted ''(5)'' for ''(4)''

in item relating to Assistant Secretaries of the Army.

Pub. L. 98-94, Sec. 1212(d)(3), substituted ''(4)'' for ''(3)''

in item relating to Assistant Secretaries of the Navy.

Pub. L. 98-94, Sec. 1211(b), inserted item relating to Director

of Operational Test and Evaluation, Department of Defense.

Pub. L. 98-80 inserted items relating to Assistant Administrator

for Toxic Substances, Environmental Protection Agency, Assistant

Administrator, Office of Solid Waste, Environmental Protection

Agency, and eight Assistant Administrators, Environmental

Protection Agency.

Pub. L. 97-449 substituted ''Deputy Federal Highway

Administrator'' for ''Director of Public Roads''.

1982 - Pub. L. 97-325 substituted ''(7)'' for ''(6)'' in item

relating to Assistant Secretaries of Agriculture.

Pub. L. 97-252 inserted item relating to Inspector General,

Department of Defense.

Pub. L. 97-195 substituted ''(8)'' for ''(7)'' in item relating

to Assistant Secretaries of Commerce.

1981 - Pub. L. 97-98 substituted ''(6)'' for ''(5)'' in item

relating to Assistant Secretaries of Agriculture.

Pub. L. 97-35 struck out item relating to Director, Office of

Self-Help Development and Technical Assistance, National Consumer

Cooperative Bank.

Pub. L. 97-31 substituted ''(7)'' for ''(8)'' in item relating to

Assistant Secretaries of Commerce.

1980 - Pub. L. 96-511 inserted item relating to Administrator,

Office of Information and Regulatory Affairs, Office of Management

and Budget.

Pub. L. 96-302 inserted item relating to Chief Counsel for

Advocacy, Small Business Administration.

1979 - Pub. L. 96-157 inserted items relating to Administrator of

Law Enforcement Assistance, Director of National Institute of

Justice, and Director of Bureau of Justice Statistics, and struck

out items relating to Deputy Administrator for Policy Development

and Deputy Administrator for Administration of Law Enforcement

Assistance Administration.

Pub. L. 96-88, Sec. 508(g), substituted ''Health and Human

Services'' for ''Health, Education, and Welfare'' in items relating

to General Counsel of Department of Health and Human Services,

Commissioner of Social Security, Department of Health and Human

Services, and Inspector General, Department of Health and Human

Services.

Pars. (1) to (128). Pub. L. 96-54 struck out paragraph

designations for positions listed herein.

Pars. (13) to (16). Pub. L. 96-107 in par. (13), relating to

Assistant Secretaries of Defense, substituted ''(7)'' for ''(9)'',

par. (14), relating to Assistant Secretaries of the Air Force,

''(3)'' for ''(4)'', par. (15), relating to Assistant Secretaries

of the Army, ''(4)'' for ''(5)'', and par. (16), relating to

Assistant Secretaries of the Navy, ''(3)'' for ''(4)''.

Par. (17). Pub. L. 96-88, Sec. 508(e)(1), substituted ''(4)'' for

''(5)'' and ''Health and Human Services'' for ''Health, Education,

and Welfare'' in par. (17) relating to Assistant Secretaries of

Health and Human Services. See Codification note above.

Par. (19). Pub. L. 96-132 in par. (19), relating to Assistant

Attorneys General, increased authorized number from nine to ten.

Par. (24). Pub. L. 96-39 inserted ''(5)'' at end of par. (24)

relating to Members, United States International Trade Commission.

Pars. (25) to (27). Pub. L. 96-88, Sec. 508(e)(2), added pars.

(25) to (27) relating to Assistant Secretaries of Education (6),

General Counsel, Department of Education, and Inspector General,

Department of Education, respectively. See Codification note

above.

Par. (91). Pub. L. 96-153 substituted ''Federal Emergency

Management Agency'' for ''Department of Housing and Urban

Development'' in par. (91), relating to Federal Insurance

Administrator, Federal Emergency Management Agency.

Par. (128). Pub. L. 96-53 added par. (128) relating to Deputy

Director, Institute for Scientific and Technological Cooperation.

1978 - Par. (10). Pub. L. 95-426, Sec. 114(b)(2), struck out par.

(10) relating to Deputy Under Secretary of State.

Par. (66). Pub. L. 95-454, Sec. 202(c)(2), substituted ''Merit

Systems Protection Board'' for ''United States Civil Service

Commission''.

Par. (93). Pub. L. 95-630 substituted ''Members, National Credit

Union Administration Board (2)'' for ''Administrator of the

National Credit Union Administration''.

Par. (122). Pub. L. 95-452 added par. (122) relating to Inspector

General, Department of Health, Education, and Welfare.

Pub. L. 95-426, Sec. 115(b)(1), added par. (122) relating to

Assistant Secretary for International Narcotics Matters, Department

of State.

Pub. L. 95-351 added par. (122) relating to President, National

Consumer Cooperative Bank.

Par. (123). Pub. L. 95-454, Sec. 202(c)(3), added par. (123)

relating to Special Counsel of Merit Systems Protection Board.

Pub. L. 95-452 added par. (123) relating to Inspector General,

Department of Agriculture.

Pub. L. 95-351 added par. (123) relating to Director, Office of

Self-Help Development and Technical Assistance, National Consumer

Cooperative Bank.

Par. (124). Pub. L. 95-454, Sec. 703(d), added par. (124)

relating to Chairman of Federal Labor Relations Authority.

Pub. L. 95-452 added par. (124) relating to Inspector General,

Department of Housing and Urban Development.

Pars. (125) to (127). Pub. L. 95-452 added pars. (125) to (127)

relating to Inspectors General for Department of Labor, Department

of Transportation, and Veterans' Administration, respectively.

1977 - Par. (1). Pub. L. 95-105, Sec. 109(d)(1), struck out par.

(1) relating to Administrator, Bureau of Security and Consular

Affairs, Department of State.

Par. (12). Pub. L. 95-173 substituted ''(8)'' for ''(6)'' in par.

(12) relating to Assistant Secretaries of Commerce.

Par. (22). Pub. L. 95-105, Sec. 109(d)(2), substituted ''(13)''

for ''(11)'' in par. (22) relating to Assistant Secretaries of

State.

Par. (50). Pub. L. 95-108 added par. (50) relating to Special

Representative for Arms Control and Disarmament Negotiations,

United States Arms Control and Disarmament Agency. A prior par.

(50), relating to General Manager of Atomic Energy Commission, was

repealed by Pub. L. 93-438, title III, Sec. 310(3), Oct. 11, 1974,

88 Stat. 1253.

Pars. (52), (53). Pub. L. 95-88 struck out par. (52) relating to

Inspector General, Foreign Assistance, and par. (53) relating to

Deputy Inspector General, Foreign Assistance.

Par. (60). Pub. L. 95-91 substituted ''Federal Energy Regulatory

Commission'' for ''Federal Power Commission'' in par. (60) relating

to Members, Federal Energy Regulatory Commission.

Par. (102). Pub. L. 95-91 struck out par. (102) relating to

Assistant Administrators, Energy Research and Development

Administration (6).

Pars. (114) to (119). Pub. L. 95-91 added pars. (114) to (119)

relating to Assistant Secretaries of Energy (8), General Counsel of

Department of Energy, Administrator, Economic Regulatory

Administration, Department of Energy, Administrator, Energy

Information Administration, Department of Energy, Inspector

General, Department of Energy, and Director, Office of Energy

Research, Department of Energy, respectively.

Pars. (120), (121). Pub. L. 95-164 added pars. (120) and (121)

relating to Assistant Secretary of Labor for Mine Safety and Health

and Members, Federal Mine Safety and Health Review Commission,

respectively.

1976 - Par. (11). Pub. L. 94-561 substituted ''(5)'' for ''(4)''

in par. (11) relating to Assistant Secretaries of Agriculture.

Par. (96). Pub. L. 94-237 substituted ''Deputy Director of the

Office of Drug Abuse Policy'' for ''Deputy Director of the Special

Action Office for Drug Abuse Prevention''.

Par. (108). Pub. L. 94-375 added par. (108) relating to

President, Government National Mortgage Association, Department of

Housing and Urban Development.

Par. (109). Pub. L. 94-461 added par. (109) relating to Deputy

Administrator, National Oceanic and Atmospheric Administration.

Pub. L. 94-503 added par. (109) relating to Commissioner of

Immigration and Naturalization.

Par. (110). Pub. L. 94-461 added par. (110) relating to Associate

Administrator, National Oceanic and Atmospheric Administration.

Pub. L. 94-503 added par. (110) relating to United States

Attorney for Northern District of Illinois.

Pars. (111) to (113). Pub. L. 94-503 added pars. (111) to (113)

relating to United States Attorney for Central District of

California, Director, Bureau of Prisons, Department of Justice, and

Deputy Administrator for Administration of the Law Enforcement

Assistance Administration, respectively.

1975 - Pub. L. 94-82 substituted provisions applying level IV 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 IV to positions for which annual

rate of basic pay is $28,750.

Par. (24). Pub. L. 93-618 substituted ''Members, United States

International Trade Commission'' for ''Chairman of the United

States Tariff Commission''.

Par. (31). Pub. L. 94-123 repealed par. (31) relating to Deputy

Chief Medical Director in Department of Medicine and Surgery,

Veterans' Administration.

Pars. (93) to (107). Pub. L. 94-183 redesignated par. (92)

Administrator of the National Credit Union Administration, par.

(93) Members, Postal Rate Commission, par. (94) Members,

Occupational Safety and Health Review Commission, par. (95) Deputy

Director of the Special Action Office for Drug Abuse Prevention,

par. (96) Deputy Under Secretaries of the Treasury (or Assistant

Secretaries of the Treasury), par. (97) Members, Consumer Product

Safety Commission, par. (97) Commissioner of Social Security,

Department of Health, Education, and Welfare, par. (99) Assistant

Secretary for Oceans and International Environmental and Scientific

Affairs, Department of State, par. (100) Administrator for Federal

Procurement Policy, par. (100) Assistant Administrators, Energy

Research and Development Administration, par. (100) Members,

Commodity Futures Trading Commission, par. (101) Director of

Nuclear Reactor Regulation, Nuclear Regulatory Commission, par.

(102) Director of Nuclear Material Safety and Safeguards, Nuclear

Regulatory Commission, par. (103) Director of Nuclear Regulatory

Research, Nuclear Regulatory Commission, par. (104) Executive

Director for Operations, Nuclear Regulatory Commission, as pars.

(93) to (107), respectively.

1974 - Par. (50). Pub. L. 93-438 struck out par. (50) relating to

General Manager of Atomic Energy Commission.

Par. (87). Pub. L. 93-383 increased number of Assistant

Secretaries of Housing and Urban Development from 6 to 8.

Par. (99). Pub. L. 93-126, Sec. 9(b), as added by Pub. L. 93-312,

added par. (99) relating to Assistant Secretary for Oceans and

International Environmental and Scientific Affairs, Department of

State.

Par. (100). Pub. L. 93-463 added par. (100) relating to Members,

Commodity Futures Trading Commission.

Pub. L. 93-438 added par. (100) relating to Assistant

Administrators, Energy Research and Development Administration.

Pub. L. 93-400 added par. (100) relating to Administrator for

Federal Procurement Policy.

Pars. (101) to (104). Pub. L. 93-438 added pars. (101) to (104)

relating to Director of Nuclear Reactor Regulation, Director of

Nuclear Material Safety and Safeguards, Director of Nuclear

Regulatory Research, and Executive Director for Operations,

respectively, of Nuclear Regulatory Commission.

1973 - Par. (90). Pub. L. 93-83 substituted ''Deputy

Administrator for Policy Development of the Law Enforcement

Assistance Administration'' for ''Associate Administrator of Law

Enforcement Assistance (2)''.

1972 - Par. (10). Pub. L. 92-352 substituted ''Secretary of

State'' for ''Secretaries of State (2)''.

Par. (11). Pub. L. 92-419 substituted ''(4)'' for ''(3)'' in par.

(11) relating to Assistant Secretaries of Agriculture.

Par. (23). Pub. L. 92-302, Sec. 2(c)(1), substituted ''(5)'' for

''(4)'' in par. (23) relating to Assistant Secretaries of the

Treasury.

Par. (72). Pub. L. 92-261 substituted ''Members, Equal Employment

Opportunity Commission (4)'' for ''Chairman, Equal Employment

Opportunity Commission''.

Par. (95). Pub. L. 92-255 added par. (95) relating to Deputy

Director of Special Action Office for Drug Abuse Prevention.

Par. (96). Pub. L. 92-302, Sec. 2(c)(2), added par. (96) relating

to Deputy Under Secretaries of the Treasury (or Assistant

Secretaries of the Treasury) (2).

Par. (97). Pub. L. 92-603 added par. (97) relating to

Commissioner of Social Security, Department of Health, Education,

and Welfare.

Pub. L. 92-573 added par. (97) relating to Members, Consumer

Product Safety Commission (4).

1971 - Par. (13). Pub. L. 92-215 substituted ''(9)'' for ''(8)''

in par. (13) relating to Assistant Secretaries of Defense.

Par. (18). Pub. L. 92-22 substituted ''(6)'' for ''(5)'' in par.

(18) relating to Assistant Secretaries of the Interior.

Par. (51). Pub. L. 92-181 struck out par. (51) relating to

Governor of Farm Credit Administration.

Par. (90). Pub. L. 91-644, Sec. 7(1), (2), in amending section

505 of Pub. L. 90-351, struck out par. (90) ''Administrator of Law

Enforcement Assistance'', renumbered as par. (55) of section 5314

of this title, and renumbered par. (126) ''Associate Administrator

of Law Enforcement Assistance (2)'' of section 5316 of this title

as par. (90) of this section, respectively.

1970 - Par. (12). Pub. L. 91-477 substituted ''(6)'' for ''(5)''

in par. (12) relating to Assistant Secretaries of Commerce. Pub. L.

91-469 also substituted ''(6)'' for ''(5)'' in par. (12). Thus, the

correct figure in par. (12) presumably should be seven. See

amendment of par. (12) by Pub. L. 95-173 above.

Par. (15). Pub. L. 91-611 substituted ''(5)'' for ''(4)'' in par.

(15) relating to Assistant Secretaries of the Army.

Par. (20). Pub. L. 91-596, Sec. 29(b), substituted ''(5)'' for

''(4)'' in par. (20) relating to Assistant Secretaries of Labor.

Pars. (21), (45). Pub. L. 91-375, Sec. 6(c)(14)(A), struck out

pars. (21) and (45) relating to Assistant Postmasters General (6)

and General Counsel of Post Office Department, respectively.

Par. (92). Pub. L. 91-206 added par. (92) relating to

Administrator of National Credit Union Administration.

Par. (93). Pub. L. 91-375, Sec. 6(c)(14)(B), added par. (93)

relating to Members, Postal Rate Commission (4).

Par. (94). Pub. L. 91-596, Sec. 12(c)(2), added par. (94)

relating to Members, Occupational Safety and Health Review

Commission.

1969 - Par. (13). Pub. L. 91-121 substituted ''(8)'' for ''(7)''

in par. (13) relating to Assistant Secretaries of Defense.

Par. (92). Pub. L. 91-175 added par. (92) relating to Executive

Vice President, Overseas Private Investment Corporation.

1968 - Pars. (14) to (16). Pub. L. 90-623 substituted ''(4)'' for

''(3)'' in pars. (14) to (16) relating to Assistant Secretaries of

Air Force, Army, and Navy respectively.

Par. (87). Pub. L. 90-448, Sec. 1708(b), substituted ''(6)'' for

''(4)'' in par. (87) relating to Assistant Secretaries of Housing

and Urban Development.

Par. (90). Pub. L. 90-351 added par. (90) relating to

Administrator of Law Enforcement Assistance.

Par. (91). Pub. L. 90-448, Sec. 1105(b), added par. (91) relating

to Federal Insurance Administrator, Department of Housing and Urban

Development.

1967 - Pub. L. 90-206 increased annual rate of basic pay from

$27,000 to $28,750.

1966 - Pub. L. 89-779 added par. (78) relating to Deputy

Administrator of Small Business Administration.

Pub. L. 89-734 added par. (78) relating to Assistant Secretary

for Science, Smithsonian Institution, and par. (79) relating to

Assistant Secretary for History and Art, Smithsonian Institution.

Pub. L. 89-670 added par. (78) relating to Members, National

Transportation Safety Board, par. (79) relating to General Counsel,

Department of Transportation, and pars. (80) to (83), and repealed

par. (2) which provided for Deputy Administrator of Federal

Aviation Agency, subject to the provisions of section 1657 of

former Title 49, Transportation.

-CHANGE-

CHANGE OF NAME

''Export-Import Bank of Washington'', referred to in items

relating to First Vice President and Members, was changed to

''Export-Import Bank of the United States'' in the Export-Import

Bank Act of 1945, section 635 et seq. of Title 12, Banks and

Banking, as provided for in section 1(a) of Pub. L. 90-267, Mar.

13, 1968, 82 Stat. 47.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-296, title XVII, Sec. 1702(b), Nov. 25, 2002, 116

Stat. 2313, provided that: ''Notwithstanding section 4 (enacting

provisions set out as a note under section 101 of Title 6, Domestic

Security), the amendment made by subsection (a)(5) (amending this

section) shall take effect on the date on which the transfer of

functions specified under section 441 (enacting section 251 of

Title 6) takes effect.''

Pub. L. 107-189, Sec. 22(e), June 14, 2002, 116 Stat. 708,

provided that: ''The amendments made by this section (amending this

section and sections 9 and 11 of the Inspector General Act of 1978,

Pub. L. 95-452, set out in the Appendix to this title) shall take

effect on October 1, 2002.''

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title IX, Sec. 901(d), Dec. 28, 2001,

115 Stat. 1194, which provided that amendments made by Pub. L.

107-107, Sec. 901(c) (amending this section and section 138 of

Title 10, Armed Forces), were to take effect on the date on which a

person was first appointed as Deputy Under Secretary of Defense for

Personnel and Readiness, was repealed by Pub. L. 107-314, div. A,

title IX, Sec. 902(d), Dec. 2, 2002, 116 Stat. 2621.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-422 effective 30 days after Nov. 1,

2000, see section 1(d)(1) of Pub. L. 106-422, set out as a note

under section 8G of Pub. L. 95-452 (Inspector General Act of 1978)

in the Appendix to this title.

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by section 1000(a)(5) (title II, Sec. 238(a)(1)) of

Pub. L. 106-113 effective Jan. 1, 2000, see section 1000(a)(5)

(title II, Sec. 238(b)) of Pub. L. 106-113, set out as a note under

section 5314 of this title.

Amendment by section 1000(a)(9) (title IV, Sec. 4720(b)) of 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.

Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section

3299 of Pub. L. 106-65, set out as an Effective Date note under

section 2401 of Title 50, War and National Defense.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 1224(3) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of Title 22, Foreign Relations and

Intercourse.

Amendment by sections 1314(c) and 1332(2) of Pub. L. 105-277

effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277, set

out as an Effective Date note under section 6531 of Title 22,

Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 5125(e) of Pub. L. 104-106 effective 180

days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106,

div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of Title 49, Transportation.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 162(d)(2) of Pub. L. 103-236 applicable with

respect to officials, offices, and bureaus of Department of State

when executive orders, regulations, or departmental directives

implementing the amendments by sections 161 and 162 of Pub. L.

103-236 become effective, or 90 days after Apr. 30, 1994, whichever

comes earlier, see section 161(b) of Pub. L. 103-236, as amended,

set out as a note under section 2651a of Title 22, Foreign

Relations and Intercourse.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 108(b) of Pub. L. 103-123 provided that: ''The amendments

made by this section (amending this section and section 5316 of

this title) shall take effect on the first applicable pay period

after enactment (Oct. 28, 1993).''

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by Pub. L. 102-552 effective Jan. 1, 1996, see section

201(c)(1) of Pub. L. 102-552, set out as an Effective Date of 1992

Amendment; Transitional Provision note under section 2277a-2 of

Title 12, Banks and Banking.

Section 2(b)(3) of Pub. L. 102-359 provided that: ''The

amendments made by paragraphs (1) and (2) (amending this section

and section 5316 of this title) shall take effect on the first day

of the first pay period that begins on or after the date of the

enactment of this Act (Aug. 26, 1992).''

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 122(d)(2) of Pub. L. 102-138 provided that: ''The

amendment made by paragraph (1) (amending this section) shall take

effect on October 1, 1991.''

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section

318 (title IV, Sec. 403(a)) of Pub. L. 101-512, set out as a note

under section 951 of Title 20, Education.

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by sections 1003(a)(4)(C) and 1007(c)(4) of Pub. L.

100-690 effective Jan. 21, 1989, and amendment by section

1003(a)(4)(C) of Pub. L. 100-690 repealed on Sept. 30, 1997, see

sections 1012 and 1009, respectively, of Pub. L. 100-690.

Amendment by section 7252(b)(3) of Pub. L. 100-690 effective Oct.

1, 1988, see section 7296(a) of Pub. L. 100-690, set out as a note

under section 5601 of Title 42, The Public Health and Welfare.

Section 201(b)(2) of Pub. L. 100-687 provided that: ''The

amendment made by paragraph (1) (amending this section) shall take

effect when the President first appoints an individual as Chairman

of the Board of Veterans' Appeals under section 4001(b)(1) (now

7101(b)(1)) of title 38, United States Code (as amended by

subsection (a)).''

Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section

11(e) of Pub. L. 100-679, set out as a note under section 5312 of

this title.

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.

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 (Inspector General Act of 1978) in the

Appendix to this title.

Section 603(c) of Pub. L. 100-485 provided that: ''The amendments

made by this section (amending this section and enacting section

617 of Title 42, The Public Health and Welfare) shall become

effective on February 1, 1989.''

Amendment by Pub. L. 100-297 effective July 1, 1988, but with

amendments authorizing appropriations for fiscal year 1988

effective Apr. 28, 1988, see section 6303 of Pub. L. 100-297, set

out as an Effective Date of 1988 Amendment note under section 1071

of Title 20, Education.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-204 effective 30 days after Dec. 22,

1987, but not to affect salary of any individual holding rank of

Ambassador at Large immediately before Dec. 22, 1987, during the

period such individual continues to serve in such position, see

section 178(b) of Pub. L. 100-204, set out as a note under section

5313 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-619 applicable to incumbent Assistant

Secretary of Labor for Veterans' Employment on Nov. 6, 1986,

serving after such date, see section 2(f)(2) of Pub. L. 99-619, set

out as a Present Incumbent note under section 553 of Title 29,

Labor.

EFFECTIVE DATE OF 1985 AMENDMENTS

Section 6(c) of Pub. L. 99-73 provided that: ''The amendments

made by this section (amending this section and section 5316 of

this title and section 274 of Title 15, Commerce and Trade) shall

be effective October 1, 1985.''

Amendment by Pub. L. 99-64 effective Oct. 1, 1987, see section

116(d) of Pub. L. 99-64, set out as a note under section 5314 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by section 609J of Pub. L. 98-473 effective Oct. 12,

1984, see section 609AA of Pub. L. 98-473, set out as an Effective

Date note under section 3711 of Title 42, The Public Health and

Welfare.

Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section

9(v) of Pub. L. 98-443, set out as a note under section 5314 of

this title.

Amendment by Pub. L. 98-369 applicable to appointments made after

July 18, 1984, see section 2332(c) of Pub. L. 98-369, set out as an

Effective Date note under section 1317 of Title 42, The Public

Health and Welfare.

EFFECTIVE DATE OF 1983 AMENDMENT

Amendment by section 1211(b) of Pub. L. 98-94 effective Nov. 1,

1983, see section 1211(c) of Pub. L. 98-94, set out as an Effective

Date note under section 139 of Title 10, Armed Forces.

Amendment by section 1212(d) of Pub. L. 98-94 effective Oct. 1,

1983, see section 1212(e) of Pub. L. 98-94, set out as a note under

section 138 of Title 10.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-325 effective Oct. 15, 1982, see section

8(e) of Pub. L. 97-325.

EFFECTIVE DATE OF 1981 AMENDMENTS

Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section

1801 of Pub. L. 97-98, set out as an Effective Date note under

section 4301 of Title 7, Agriculture.

Amendment by Pub. L. 97-35 effective on day after Final

Government Equity Redemption Date, see section 396(i) of Pub. L.

97-35, set out as a note under section 3011 of Title 12, Banks and

Banking.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5

of Pub. L. 96-511, set out as a note under section 2904 of Title

44, Public Printing and Documents.

Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section

507 of Pub. L. 96-302, set out as a note under section 631 of Title

15, Commerce and Trade.

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section

2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312

of this title.

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

1114 of Pub. L. 96-39, set out as an Effective Date note under

section 2581 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment by Pub. L. 95-630 effective on expiration of 120 days

after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as

a note under section 1752 of Title 12, Banks and Banking.

Amendment 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.

Amendment by Pub. L. 95-452 effective Oct. 1, 1978, see section

12 of Pub. L. 95-452 set out in the Appendix to this title.

Amendment by section 114(b)(2) of Pub. L. 95-426 effective Oct.

1, 1978, see section 114(c) of Pub. L. 95-426, set out as a note

under section 5314 of this title.

Section 115(b)(2) of Pub. L. 95-426 provided that: ''The

amendment made by paragraph (1) of this subsection (amending this

section) shall take effect on October 1, 1978.''

EFFECTIVE DATE OF 1977 AMENDMENTS

Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,

1977, except as otherwise provided, see section 307 of Pub. L.

95-164, set out as a note under section 801 of Title 30, Mineral

Lands and Mining.

Amendment by Pub. L. 95-88 effective July 1, 1978, see section

124(c) of Pub. L. 95-88, set out as a note under section 2384 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-123 effective Oct. 12, 1975, see section

6(a) of Pub. L. 94-123, set out as a note under section 5314 of

this title.

EFFECTIVE DATE OF 1974 AMENDMENTS

Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section

418 of Pub. L. 93-463, set out as a note under section 2 of Title

7, Agriculture.

Amendment by Pub. L. 93-438 effective 120 days after Oct. 11,

1974, or on such earlier date as President may prescribe and

publish in Federal Register, except that officers provided for in

sections 5811-5820 of Title 42, The Public Health and Welfare, may

be nominated and appointed at any time after Oct. 11, 1974, see

section 312(a) of Pub. L. 93-438, set out as an Effective Date;

Interim Appointments note under section 5801 of Title 42.

EFFECTIVE DATE OF 1973 AMENDMENT

Offices and salaries modified under amendment by Pub. L. 93-83,

prospectively only, effective on and after Aug. 6, 1973, see

section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218.

EFFECTIVE DATE OF 1972 AMENDMENTS

Section 404(c) of Pub. L. 92-603 provided that: ''The amendments

made by the preceding provisions of this section (amending this

section and section 5316 of this title) shall take effect on the

first day of the first pay period of the Commissioner of Social

Security, Department of Health, Education, and Welfare, which

commences on or after the first day of the month which follows the

month in which this Act is enacted (Oct. 30, 1972).''

Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3

of Pub. L. 92-302, May 18, 1972, 86 Stat. 149.

EFFECTIVE DATE OF 1970 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective at beginning of first pay

period which begins on or after Dec. 16, 1967, see section

220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

REPEALS

Pub. L. 93-496, Sec. 16(c), Oct. 28, 1974, 88 Stat. 1533, cited

as a credit to this section, was repealed by Pub. L. 97-449, Sec.

7(b), Jan. 12, 1983, 96 Stat. 2444.

-TRANS-

TRANSFER OF FUNCTIONS

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

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 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.

Office of Emergency Preparedness, including offices of Director,

Deputy Director, Assistant Directors, and Regional Directors,

abolished and functions, vested by law in Office of Emergency

Preparedness or Director of Office of Emergency Preparedness

transferred to President by sections 1 and 3(a)(1) of 1973 Reorg.

Plan No. 1, effective July 1, 1973, set out in the Appendix to this

title.

Office of Deputy Director of Office of Science and Technology

abolished and functions vested by law in such office transferred to

Director of National Science Foundation by sections 2 and 3(a)(5)

of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the

Appendix to this title.

ABOLITION OF ONE POSITION OF ASSISTANT ADMINISTRATOR, AGENCY FOR

INTERNATIONAL DEVELOPMENT

One of the 6 positions of Assistant Administrator, Agency for

International Development, provided for in this section, was

abolished by Reorg. Plan No. 2 of 1979, Sec. 7, 44 F.R. 41165, 93

Stat. 1378, set out in the Appendix to this title.

-MISC5-

INSPECTOR GENERAL, UNITED STATES POSTAL SERVICE

Section 101(f) (title VI, Sec. 662(c)(1)) of Pub. L. 104-208

provided in part that: ''The amendment made by the preceding

sentence (amending this section) shall apply notwithstanding

section 410 or any other provision of title 39, United States

Code.''

COMPENSATION OF DEPUTY ADMINISTRATOR OF DRUG ENFORCEMENT

ADMINISTRATION

Section 6153(c) of Pub. L. 100-690 provided that: ''The Deputy

Administrator of the Drug Enforcement Administration shall receive

compensation at the rate now or hereafter prescribed by law for

positions of Level IV of the Executive Schedule Pay Rate (5 U.S.C.

5315).''

TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE

Number of Assistant Secretaries of Defense authorized at level IV

of Executive Schedule under this section to be increased by one (to

a total of 12) until Jan. 20, 1989, see section 1311 of Pub. L.

100-180, set out as a note under section 138 of Title 10, Armed

Forces.

ASSOCIATE DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION

Position of Associate Director of Federal Bureau of Investigation

placed temporarily in level III during incumbency of incumbent on

Aug. 14, 1964, by Pub. L. 88-426, Aug. 14, 1964, Sec. 303(c)(46),

78 Stat. 417.

SALARY INCREASES

2003 - Salaries of positions at level IV increased to $134,000

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2003, as provided by Ex. Ord. No.

13282, Dec. 31, 2002, 68 F.R. 1133, set out as a note under section

5332 of this title.

2002 - Salaries of positions at level IV increased to $130,000

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2002, as provided by Ex. Ord. No.

13249, Dec. 28, 2001, 67 F.R. 639.

2001 - Salaries of positions at level IV increased to $125,700

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2001, as provided by Ex. Ord. No.

13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057.

2000 - Salaries of positions at level IV increased to $122,400

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No.

13144, Dec. 21, 1999, 64 F.R. 72237.

1999 - Salaries of positions at level IV continued at $118,400

per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.

1998 - Salaries of positions at level IV increased to $118,400

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No.

13071, Dec. 29, 1997, 62 F.R. 68521.

1997 - Salaries of positions at level IV continued at $115,700

per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.

1996 - Salaries of positions at level IV continued at $115,700

per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.

1995 - Salaries of positions at level IV continued at $115,700

per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.

1993 - Salaries of positions at level IV increased to $115,700

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No.

12826, Dec. 30, 1992, 57 F.R. 62909.

1992 - Salaries of positions at level IV increased to $112,100

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No.

12786, Dec. 26, 1991, 56 F.R. 67453.

1991 - Salaries of positions at level IV increased to $108,300

per annum, effective on the first day of the first pay period

beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No.

12736, Dec. 12, 1990, 55 F.R. 51385.

1990 - Salaries of positions at level IV increased to $83,600 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1990, and continued at that rate by Ex. Ord.

No. 12698, Dec. 23, 1989, 54 F.R. 53473.

1989 - Salaries of positions at level IV increased to $80,700 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1989, see Ex. Ord. No. 12663, Jan. 6, 1989, 54

F.R. 791.

1988 - Salaries of positions at level IV continued at $77,500 per

annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.

1987 - Salaries of positions at level IV increased to $77,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

Salaries of positions at level IV increased to $74,500 per annum,

effective on the first day of the first pay period beginning on or

after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31,

1986, 52 F.R. 505.

1985 - Salaries of positions at level IV increased to $72,300 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec.

28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30,

1985, 51 F.R. 577.

1984 - Salaries of positions at level IV increased to $69,900 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec.

30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984,

49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.

1982 - Salaries of positions at level IV increased to $67,200 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct.

8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that

pursuant to section 101(e) of Pub. L. 97-276 funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1982, which was $58,500.00

Maximum rate payable after Dec. 17, 1982, increased from

$58,500.00 to $67,200.00, see Pub. L. 97-377, title I, Sec.

129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under

section 5318 of this title.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of this title.

1981 - Salaries of positions at level IV increased to $64,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct.

15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that

pursuant to section 101(c) of Pub. L. 97-51 funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1981, which was $52,750.00.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of this title.

1980 - Salaries of positions at level IV increased to $61,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct.

16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that

pursuant to section 101(c) of Pub. L. 96-369, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1980, which was $52,750.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of this title.

1979 - Salaries of positions at level IV increased to $56,500 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct.

9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12,

1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that

pursuant to section 101(c) of Pub. L. 96-86 funds appropriated for

fiscal year 1980 may not be used to pay a salary at a rate which

exceeds an increase of 5.5 percent over the rate in effect on Sept.

30, 1978, which is a maximum rate payable of $52,750.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of this title.

1978 - Salaries of positions at level IV increased to $52,800 per

annum, effective in the first pay period beginning on or after Oct.

1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R.

46823. Ex. Ord. No. 12087, further provided that pursuant to the

Legislative Branch Appropriation Act, 1979, funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1978, which was $50,000.

Limitations on use of funds for fiscal year ending Sept. 30,

1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of this title.

1977 - Salaries of positions at level IV increased to $50,000 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

1976 - Salaries of positions at level IV increased to $41,800 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41

F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to

the Legislative Branch Appropriation Act, 1977, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1976, which was $39,900.

1975 - Salaries of positions at level IV increased to $39,900 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40

F.R. 47091.

1969 - Salaries of positions at level IV increased from $28,750

to $38,000 per annum, commencing on the first day of the pay period

which begins after February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2, The Congress.

PAY INCREASE; EFFECTIVE DATE

Persons occupying a position under the Executive Schedule on May

18, 1972, and later appointed to a position created or authorized

by Pub. L. 92-302, not eligible to an increase in basic pay until

Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86

Stat. 149.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5317, 5377, 5380, 7993,

8432 of this title; title 2 sections 61d, 285e, 288, 437c, 474;

title 6 section 531; title 10 sections 180, 973, 2359; title 12

sections 1422b, 2242; title 15 sections 274, 790b, 1507c, 2204;

title 16 section 3181; title 18 section 207; title 19 section 2171;

title 20 sections 76k, 929, 2103, 3501, 3503, 5603, 5608, 9001;

title 21 section 1908; title 22 sections 286a, 290f, 290h-5, 2651a,

3506, 3862, 3961, 6203, 6207; title 25 sections 2704, 3505; title

26 section 3121; title 28 sections 332, 548, 587, 594, 603; title

29 section 792; title 30 sections 1121, 1211; title 31 section 731;

title 36 sections 2303, 2304, 2305; title 38 section 7404; title 42

sections 293l, 294f, 297t, 299c, 300aa-12, 410, 1395b-6, 1975b,

3191, 4346, 5553, 5871, 5872, 7132, 7133, 7134, 7135, 7136, 7139,

7141, 7211, 7291, 7293, 8820, 10224, 12651e, 12651f, 15203, 15323;

title 44 section 303; title 49 section 106.

-CITE-

5 USC Sec. 5316 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5316. Positions at level V

-STATUTE-

Level V of the Executive Schedule applies to the following

positions, for which the annual rate of basic pay shall be the rate

determined with respect to such level under chapter 11 of title 2,

as adjusted by section 5318 of this title:

Administrator, Bonneville Power Administration, Department of

the Interior.

Administrator of the National Capital Transportation Agency.

Associate Administrators of the Small Business Administration

(4).

Associate Administrators, National Aeronautics and Space

Administration (7).

Associate Deputy Administrator, National Aeronautics and Space

Administration.

Deputy Associate Administrator, National Aeronautics and Space

Administration.

Archivist of the United States.

Assistant Secretary of Health and Human Services for

Administration.

Assistant Attorney General for Administration.

Assistant and Science Adviser to the Secretary of the Interior.

Chairman, Foreign Claims Settlement Commission of the United

States, Department of Justice.

Assistant to the Secretary of Defense for Nuclear and Chemical

and Biological Defense Programs, Department of Defense.

Chairman of the Renegotiation Board.

Chairman of the Subversive Activities Control Board.

Chief Counsel for the Internal Revenue Service, Department of

the Treasury.

Commissioner, Federal Supply Service, General Services

Administration.

Director, United States Fish and Wildlife Service, Department

of the Interior.

Commissioner of Indian Affairs, Department of the Interior.

Commissioners, Indian Claims Commission (5).

Commissioner, Public Buildings Service, General Services

Administration.

Commissioner of Reclamation, Department of the Interior.

Commissioner of Vocational Rehabilitation, Department of Health

and Human Services.

Commissioner of Welfare, Department of Health and Human

Services.

Director, Defense Advanced Research Projects Agency, Department

of Defense.

Director, Bureau of Mines, Department of the Interior.

Director, Geological Survey, Department of the Interior.

Deputy Commissioner of Internal Revenue, Department of the

Treasury.

Deputy General Counsel, Department of Defense.

Associate Director of the Federal Mediation and Conciliation

Service.

Associate Director for Volunteers, Peace Corps.

Associate Director for Program Development and Operations,

Peace Corps.

Assistants to the Director of the Federal Bureau of

Investigation, Department of Justice (2).

Assistant Directors, Office of Emergency Planning (3).

Fiscal Assistant Secretary of the Treasury.

General Counsel of the Agency for International Development.

General Counsel of the Nuclear Regulatory Commission.

General Counsel of the National Aeronautics and Space

Administration.

Manpower Administrator, Department of Labor.

Members, Renegotiation Board.

Members, Subversive Activities Control Board.

Deputy Under Secretaries of Defense for Research and

Engineering, Department of Defense (4).

Assistant Administrator of General Services.

Director, United States Travel Service, Department of Commerce.

Administrator, Wage and Hour and Public Contracts Division,

Department of Labor.

Assistant Director (Program Planning, Analysis and Research),

Office of Economic Opportunity.

Deputy Director, National Security Agency.

Director, Bureau of Land Management, Department of the

Interior.

Director, National Park Service, Department of the Interior.

National Export Expansion Coordinator, Department of Commerce.

Special Assistant to the Secretary of Defense.

Staff Director, Commission on Civil Rights.

Assistant Secretary for Administration, Department of

Transportation.

Director, United States National Museum, Smithsonian

Institution.

Director, Smithsonian Astrophysical Observatory, Smithsonian

Institution.

Administrator of the Environmental Science Services

Administration.

Associate Directors of the Office of Personnel Management (5).

Assistant Federal Highway Administrator.

Deputy Administrator of the National Highway Traffic Safety

Administration.

Deputy Administrator of the Federal Motor Carrier Safety

Administration.

Assistant Federal Motor Carrier Safety Administrator.

Director, Bureau of Narcotics and Dangerous Drugs, Department

of Justice.

Vice Presidents, Overseas Private Investment Corporation (3).

Deputy Administrator, Federal Transit Administration,

Department of Transportation.

General Counsel of the Equal Employment Opportunity Commission.

Executive Director, Advisory Council on Historic Preservation.

Additional Officers, Department of Energy (14).

Additional officers, Nuclear Regulatory Commission (5).

Assistant Administrator for Coastal Zone Management, National

Oceanic and Atmospheric Administration.

Assistant Administrator for Fisheries, National Oceanic and

Atmospheric Administration.

Assistant Administrators (3), National Oceanic and Atmospheric

Administration.

General Counsel, National Oceanic and Atmospheric

Administration.

Members, Federal Labor Relations Authority (2) and its General

Counsel.

Additional officers, Institute for Scientific and Technological

Cooperation (2).

Additional officers, Office of Management and Budget (6).

Associate Deputy Secretary, Department of Transportation.

Chief Scientist, National Oceanic and Atmospheric

Administration.

Director, Indian Health Service, Department of Health and Human

Services.

Commissioners, United States Parole Commission (8).

Commissioner, Administration on Children, Youth, and Families.

Director, Bureau of Transportation Statistics.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 463; Pub. L. 89-670, Sec.

10(d)(5), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 89-734, Sec.

1(2), Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, Sec. 8(c)(2),

Nov. 6, 1966, 80 Stat. 1364; Pub. L. 90-9, Sec. 6, Apr. 10, 1967,

81 Stat. 12; Pub. L. 90-83, Sec. 1(16), Sept. 11, 1967, 81 Stat.

198; Pub. L. 90-206, title II, Sec. 215(c), Dec. 16, 1967, 81 Stat.

638; Pub. L. 90-351, title I, Sec. 506, June 19, 1968, 82 Stat.

205; Pub. L. 90-407, Sec. 15(a)(3), July 18, 1968, 82 Stat. 367;

Pub. L. 90-623, Sec. 1(4), (5), Oct. 22, 1968, 82 Stat. 1312; Pub.

L. 91-175, pt. V, Sec. 503(3), Dec. 30, 1969, 83 Stat. 826; Pub.

L. 91-375, Sec. 6(c)(15), Aug. 12, 1970, 84 Stat. 776; Pub. L.

91-453, Sec. 12, Oct. 15, 1970, 84 Stat. 968; Pub. L. 91-644, title

I, Sec. 7(2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, Sec. 3,

June 1, 1971, 85 Stat. 76; Pub. L. 92-255, title II, Sec. 212(c),

Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-261, Sec. 9(c), (d), Mar.

24, 1972, 86 Stat. 110; Pub. L. 92-302, Sec. 2(d), May 18, 1972, 86

Stat. 149; Pub. L. 92-603, title IV, Sec. 404(a), Oct. 30, 1972, 86

Stat. 1488; Pub. L. 93-43, Sec. 2(c), June 18, 1973, 87 Stat. 78;

Pub. L. 93-74, Sec. 8, July 23, 1973, 87 Stat. 175; Pub. L. 90-351,

title I, Sec. 506(b), as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973,

87 Stat. 211; Pub. L. 93-271, Sec. 2, Apr. 22, 1974, 88 Stat. 92;

Pub. L. 93-126, Sec. 9(c), as added Pub. L. 93-312, Sec. 9, June 8,

1974, 88 Stat. 238; Pub. L. 93-383, title VIII, Sec. 818(b), Aug.

22, 1974, 88 Stat. 740; Pub. L. 93-438, title III, Sec. 310(4),

Oct. 11, 1974, 88 Stat. 1253; Pub. L. 93-463, title I, Sec. 102(c),

Oct. 23, 1974, 88 Stat. 1392; Pub. L. 93-618, title I, Sec.

172(c)(3), Jan. 3, 1975, 88 Stat. 2010; Pub. L. 94-82, title II,

Sec. 202(b)(5), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-183, Sec.

2(19), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 94-237, Sec. 4(c)(6),

Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-307, Sec. 7, June 4, 1976,

90 Stat. 681; Pub. L. 94-370, Sec. 15(b), July 26, 1976, 90 Stat.

1032; Pub. L. 94-422, title II, Sec. 202, Sept. 28, 1976, 90 Stat.

1323; Pub. L. 94-503, title II, Sec. 202(c), Oct. 15, 1976, 90

Stat. 2427; Pub. L. 94-561, Sec. 3(b), Oct. 19, 1976, 90 Stat.

2643; Pub. L. 94-582, Sec. 26, Oct. 21, 1976, 90 Stat. 2889; Pub.

L. 95-89, title II, Sec. 209, Aug. 4, 1977, 91 Stat. 558; Pub. L.

95-91, title VII, Sec. 710(g), Aug. 4, 1977, 91 Stat. 609; Pub. L.

95-115, Sec. 3(a)(6), Oct. 3, 1977, 91 Stat. 1049; Pub. L. 95-219,

Sec. 3(b), Dec. 28, 1977, 91 Stat. 1614; Pub. L. 95-452, Sec.

10(b), Oct. 12, 1978, 92 Stat. 1108; Pub. L. 95-454, title II, Sec.

201(b)(3), 202(c)(4), title VII, Sec. 703(e), Oct. 13, 1978, 92

Stat. 1121, 1131, 1217; Pub. L. 95-521, title IV, Sec. 406, Oct.

26, 1978, 92 Stat. 1864; Pub. L. 96-53, title IV, Sec. 412(c), Aug.

14, 1979, 93 Stat. 377; Pub. L. 96-54, Sec. 2(a)(25)(A), Aug. 14,

1979, 93 Stat. 382; Pub. L. 96-70, title III, Sec. 3302(e)(11),

Sept. 27, 1979, 93 Stat. 499; Pub. L. 96-88, title V, Sec. 508(f),

(g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 96-107, title VIII, Sec.

820(e)(2), Nov. 9, 1979, 93 Stat. 819; Pub. L. 96-209, title I,

Sec. 109, Mar. 14, 1980, 94 Stat. 97; Pub. L. 96-466, title V, Sec.

504(d), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97-31, Sec. 12(1)(C),

Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-113, title VII, Sec.

705(b)(3), Dec. 29, 1981, 95 Stat. 1545; Pub. L. 97-258, Sec. 2(a),

Sept. 13, 1982, 96 Stat. 1052; Pub. L. 97-325, Sec. 8(c), Oct. 15,

1982, 96 Stat. 1605; Pub. L. 97-449, Sec. 3(4), (5), Jan. 12, 1983,

96 Stat. 2441; Pub. L. 98-557, Sec. 26(b), Oct. 30, 1984, 98 Stat.

2873; Pub. L. 99-73, Sec. 6(b)(2), July 29, 1985, 99 Stat. 173;

Pub. L. 99-93, title VII, Sec. 704(a)(3), Aug. 16, 1985, 99 Stat.

446; Pub. L. 99-145, title XII, Sec. 1204(c), Nov. 8, 1985, 99

Stat. 721; Pub. L. 99-383, Sec. 7(b)(2), Aug. 21, 1986, 100 Stat.

814; Pub. L. 99-619, Sec. 2(c)(2), (d), Nov. 6, 1986, 100 Stat.

3491; Pub. L. 99-659, title IV, Sec. 407(e)(3), Nov. 14, 1986, 100

Stat. 3740; Pub. L. 100-180, div. A, title XII, Sec. 1245(c), Dec.

4, 1987, 101 Stat. 1165; Pub. L. 100-504, title I, Sec. 103(b),

Oct. 18, 1988, 102 Stat. 2522; Pub. L. 100-527, Sec. 13(g), Oct.

25, 1988, 102 Stat. 2643; Pub. L. 100-598, Sec. 8, Nov. 3, 1988,

102 Stat. 3035; Pub. L. 100-607, title V, Sec. 503(b)(1), Nov. 4,

1988, 102 Stat. 3121; Pub. L. 100-690, title VII, Sec. 7252(b)(4),

Nov. 18, 1988, 102 Stat. 4436; Pub. L. 100-713, title VI, Sec.

601(d), Nov. 23, 1988, 102 Stat. 4826; Pub. L. 101-319, Sec. 3(b),

4, July 3, 1990, 104 Stat. 290, 291; Pub. L. 101-501, title IX,

Sec. 915(b)(1)(B), Nov. 3, 1990, 104 Stat. 1263; Pub. L. 101-509,

title V, Sec. 529 (title I, Sec. 113(1)), Nov. 5, 1990, 104 Stat.

1427, 1455; Pub. L. 102-190, div. A, title IX, Sec. 903(a)(2),

div. C, title XXXV, Sec. 3504(b), Dec. 5, 1991, 105 Stat. 1451,

1586; Pub. L. 102-240, title III, Sec. 3004(d)(2), title VI, Sec.

6006(d), Dec. 18, 1991, 105 Stat. 2088, 2174; Pub. L. 102-359, Sec.

2(b)(2), Aug. 26, 1992, 106 Stat. 962; Pub. L. 103-123, title I,

Sec. 108(a)(1), Oct. 28, 1993, 107 Stat. 1234; Pub. L. 103-333,

title I, Sec. 106, Sept. 30, 1994, 108 Stat. 2549; Pub. L. 103-354,

title II, Sec. 294, Oct. 13, 1994, 108 Stat. 3237; Pub. L. 104-106,

div. A, title IX, Sec. 904(b)(2), Feb. 10, 1996, 110 Stat. 403;

Pub. L. 104-201, div. A, title X, Sec. 1073(e)(1)(A), Sept. 23,

1996, 110 Stat. 2658; Pub. L. 105-85, div. A, title X, Sec.

1073(e)(2), Nov. 18, 1997, 111 Stat. 1906; Pub. L. 105-277, div.

G, subdiv. A, title XII, Sec. 1224(4), title XIII, Sec. 1332(3),

Oct. 21, 1998, 112 Stat. 2681-772, 2681-785; Pub. L. 105-393, title

I, Sec. 103, Nov. 13, 1998, 112 Stat. 3617; Pub. L. 106-44, Sec.

2(b), Aug. 5, 1999, 113 Stat. 223; Pub. L. 106-113, div. B, Sec.

1000(a)(9) (title IV, Sec. 4732(b)(4)), Nov. 29, 1999, 113 Stat.

1536, 1501A-583; Pub. L. 106-159, title I, Sec. 101(d)(2), Dec. 9,

1999, 113 Stat. 1751; Pub. L. 107-171, title X, Sec. 10702(c)(2),

May 13, 2002, 116 Stat. 517.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(1)-(99) 5 U.S.C. 2211(e). Aug. 14, 1964, Pub.

L. 88-426, Sec.

303(e), 78 Stat.

419.

(100)-(116) 5 U.S.C. 2211(g). Aug. 14, 1964, Pub.

L. 88-426, Sec.

303(g), 78 Stat.

422.

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

Paragraphs (100)-(116) are added on authority of former section

2211(g) which authorized the President to place, from Aug. 15,

1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and

V of the Federal Executive Salary Schedule. Pursuant to this

authority, the President by Executive Order No. 11189, Nov. 23,

1964, as amended by Executive Order No. 11195, Jan. 30, 1965,

placed the positions listed in paragraphs (100)-(116) in Level V.

Standard changes are made to conform with the definitions

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

to the report.

1967 Act

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

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

Large)

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

5316(60) 5 App.: 2211(e)(60). July 5, 1966, Pub.

L. 89-492, Sec.

4(1), 80 Stat. 262.

5316(94) 5 App.: 2211(e)(94). Sept. 9, 1965, Pub.

L. 89-174, Sec.

5(b)(as applicable

to Sec. 303(e)(94)

of the Federal

Executive Salary

Act of 1964), 79

Stat. 669.

5316(95) 5 App.: 2211(e)(95). Aug. 9, 1965, Pub.

L. 89-115, Sec.

4(c)(words after

semicolon), 79

Stat. 449.

5316(120) 5 App.: Aug. 26, 1965, Pub.

2211(e)(100). L. 89-136, Sec.

601(c), 79 Stat.

570.

5316(121) (Uncodified). 1965 Reorg. Plan No.

2, Sec. 4(a)(2d

sentence, less 1st

18 words), eff.

July 13, 1965, 79

Stat. 1318.

5316(122) 42:3533(b) (last 29 Sept. 9, 1965, Pub.

words). L. 89-174, Sec.

4(b)(last 29

words), 79 Stat.

668.

5316(123) 5 App.: July 5, 1966, Pub.

2211(e)(101). L. 89-492, Sec.

4(2), 80 Stat. 262.

5316(124) 49: 1652(f)(2) (last Oct. 15, 1966, Pub.

15 words in 2d L. 89-670, Sec.

sentence). 3(f)(2)(last 15

words in 2d

sentence), 80 Stat.

932.

5316(125) 49: 1652(f)(1) (last Oct. 15, 1966, Pub.

15 words in 2d L. 89-670, Sec.

sentence). 3(f)(1)(last 15

words in 2d

sentence), 80 Stat.

932.

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

The deletion of paragraphs (22), (38), and (83) of 5 U.S.C. 5316

reflects (1) the termination, effective June 30, 1965, of the

position of ''Area Redevelopment Administrator, Department of

Commerce'' pursuant to Public Law 87-27 (sec. 29, 75 Stat. 63; 42

U.S.C. 2525); (2) the abolition of the position of ''Chief, Weather

Bureau, Department of Commerce'' by 1965 Reorganization Plan No. 2

(sec. 2(a), 79 Stat. 1318); and (3) the abolition of the position

of ''General Counsel of the Housing and Home Finance Agency'' by

Public Law 89-174 (sec. 5(a), 9(c), 79 Stat. 669, 671).

The redesignation of paragraphs (117) and (118) as paragraphs

''(118)'' and ''(119)'', respectively, eliminates duplicate

paragraph numbering effected by section 10(d)(5) of Public Law

89-670 and section 1(2) of Public Law 89-734.

-COD-

CODIFICATION

The paragraph designations for the positions added by Pub. L.

96-88 have been omitted in view of the deletion of all paragraph

designations in this section by Pub. L. 96-54.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-171 struck out items relating to General

Counsel, Commodity Futures Trading Commission and Executive

Director, Commodity Futures Trading Commission.

1999 - Pub. L. 106-159 inserted items relating to Deputy

Administrator of the Federal Motor Carrier Safety Administration

and Assistant Federal Motor Carrier Safety Administrator.

Pub. L. 106-113 which directed amendment of this section by

striking out items relating to Commissioner of Patents, Department

of Commerce, Deputy Commissioner of Patents and Trademarks,

Assistant Commissioner for Patents, and Assistant Commissioner for

Trademarks, was executed by striking out items relating to Deputy

Commissioner of Patents and Trademarks, Assistant Commissioner for

Patents, and Assistant Commissioner for Trademarks to reflect the

probable intent of Congress and the intervening amendment by Pub.

L. 106-44, Sec. 2(b), which struck out item relating to

Commissioner of Patents, Department of Commerce. See below.

Pub. L. 106-44 struck out item relating to Commissioner of

Patents, Department of Commerce.

1998 - Pub. L. 105-393 struck out item relating to Administrator

for Economic Development.

Pub. L. 105-277, Sec. 1332(3), struck out items relating to

Deputy Director, Policy and Plans, United States Information

Agency, and Associate Director (Policy and Plans), United States

Information Agency.

Pub. L. 105-277, Sec. 1224(4), struck out item relating to

General Counsel of the United States Arms Control and Disarmament

Agency.

1997 - Pub. L. 105-85 substituted ''Nuclear and Chemical and

Biological Defense Programs'' for ''Atomic Energy''.

1996 - Pub. L. 104-201 inserted ''Defense'' before ''Advanced

Research Projects Agency''.

Pub. L. 104-106, which directed amendment of section by

substituting ''Assistant to the Secretary of Defense for Nuclear

and Chemical and Biological Defense Programs, Department of

Defense.'' for ''The Assistant to the Secretary of Defense for

Atomic Energy, Department of Defense.'', could not be executed

because the words to be substituted for did not appear.

1994 - Pub. L. 103-354 struck out following items relating to

Department of Agriculture: Administrator, Agricultural Marketing

Service, Administrator, Agricultural Research Service,

Administrator, Agricultural Stabilization and Conservation Service,

Administrator, Farmers Home Administration, Administrator, Foreign

Agricultural Service, Administrator, Rural Electrification

Administration, Administrator, Soil Conservation Service, Chief

Forester of the Forest Service, Director of Science and Education,

Administrator, Animal and Plant Health Inspection Service, and

Administrator, Federal Grain Inspection Service.

Pub. L. 103-333 struck out item relating to Commissioner of Labor

Statistics, Department of Labor.

1993 - Pub. L. 103-123 struck out item relating to Commissioner

of Customs, Department of the Treasury.

1992 - Pub. L. 102-359 struck out item relating to Additional

Officers, Department of Education.

1991 - Pub. L. 102-240, Sec. 6006(d), inserted item relating to

Director, Bureau of Transportation Statistics.

Pub. L. 102-240, Sec. 3004(d)(2), substituted ''Deputy

Administrator, Federal Transit Administration'' for ''Deputy

Administrator, Urban Mass Transportation Administration''.

Pub. L. 102-190, Sec. 3504(b), struck out item relating to

Administrator of the Panama Canal Commission.

Pub. L. 102-190, Sec. 903(a)(2), struck out items relating to

General Counsels of the Departments of the Air Force, Army, and

Navy.

1990 - Pub. L. 101-509 struck out item relating to Director,

Bureau of the Census, Department of Commerce.

Pub. L. 101-501 inserted item relating to Commissioner,

Administration on Children, Youth, and Families.

Pub. L. 101-319, Sec. 4, inserted items relating to Deputy

Commissioner of Patents and Trademarks, Assistant Commissioner for

Patents, and Assistant Commissioner for Trademarks.

Pub. L. 101-319, Sec. 3(b), inserted item relating to

Commissioners, United States Parole Commission.

1988 - Pub. L. 100-713 inserted item relating to Director, Indian

Health Service, Department of Health and Human Services.

Pub. L. 100-690 struck out item relating to Associate

Administrator, Office of Juvenile Justice and Delinquency

Prevention of Law Enforcement Assistance Administration.

Pub. L. 100-607 struck out item relating to Commissioner of Food

and Drugs, Department of Health and Human Services.

Pub. L. 100-598 struck out item relating to Director of Office of

Government Ethics.

Pub. L. 100-527 struck out items relating to Associate Deputy

Administrator of Veterans' Affairs, Chief Benefits Director,

Veterans' Administration, General Counsel of the Veterans'

Administration, and Director, National Cemetery System, Veterans'

Administration.

Pub. L. 100-504 struck out items relating to Inspectors General

for Departments of Commerce and Interior and for Agency for

International Development, Community Services Administration,

Environmental Protection Agency, General Services Administration,

National Aeronautics and Space Administration, and Small Business

Administration and relating to Deputy Inspectors General for

Departments of Energy and Health and Human Services.

1987 - Pub. L. 100-180 substituted ''Assistant to the Secretary

of Defense for Atomic Energy, Department of Defense'' for

''Chairman of the Military Liaison Committee to the Atomic Energy

Commission, Department of Defense''.

1986 - Pub. L. 99-659 inserted item relating to Chief Scientist,

National Oceanic and Atmospheric Administration.

Pub. L. 99-619, Sec. 2(c)(2), struck out item relating to

Assistant Secretary of Labor for Administration.

Pub. L. 99-619, Sec. 2(d), struck out item relating to Assistant

Secretary of Labor for Veterans' Employment.

Pub. L. 99-383 struck out item relating to Assistant Directors,

National Science Foundation (4).

1985 - Pub. L. 99-145 struck out item relating to Administrator

of Education for Overseas Dependents, Department of Education.

Pub. L. 99-93 struck out item relating to Assistant Directors,

United States Arms Control and Disarmament Agency (4).

Pub. L. 99-73 struck out item relating to Director, National

Bureau of Standards, Department of Commerce.

1984 - Pub. L. 98-557 inserted item relating to Associate Deputy

Secretary, Department of Transportation.

1983 - Pub. L. 97-449, Sec. 3(4), substituted ''Assistant Federal

Highway Administrator'' for ''Director, National Highway Safety

Bureau''.

Pub. L. 97-449, Sec. 3(5), substituted ''Deputy Administrator of

the National Highway Traffic Safety Administration'' for

''Director, National Traffic Safety Bureau''.

1982 - Pub. L. 97-325 struck out item relating to Assistant

Secretary of Agriculture for Administration.

Pub. L. 97-258 inserted item relating to Additional officers,

Office of Management and Budget (6).

1981 - Pub. L. 97-113 substituted ''Inspector General, Agency for

International Development'' for ''Auditor General of the Agency for

International Development''.

Pub. L. 97-31 purported to strike out ''Maritime Administration,

Department of Commerce'' which was executed by striking out

''Maritime Administrator, Department of Commerce.'' as the probable

intent of Congress.

1980 - Pub. L. 96-466 inserted item relating to Assistant

Secretary of Labor for Veterans' Employment.

Pub. L. 96-209, Sec. 109(1), which provided for striking out par.

(31) and inserting in lieu thereof ''(31) Chairman, Foreign Claims

Settlement Commission of the United States, Department of

Justice.'' was executed by striking out the item relating to the

Chairman, Foreign Claims Settlement Commission of the United States

which was designated par. (31) prior to amendment of this section

by Pub. L. 96-54 and inserting the item relating to the Chairman,

Foreign Claims Settlement Commission of the United States,

Department of Justice. See 1979 Amendment note below.

Pub. L. 96-209, Sec. 109(2), which provided for striking out par.

(90) was executed by striking out item relating to Members, Foreign

Claims Settlement Commission of United States which was designated

par. (90) prior to amendment of this section by Pub. L. 96-54. See

1979 Amendment note below.

1979 - Pub. L. 96-88, Sec. 508(f)(1), which provided for striking

out par. (41) was executed by striking out item relating to

Commissioner of Education, Department of Health, Education, and

Welfare which was designated par. (41) prior to amendment of this

section by Pub. L. 96-54. See 1979 Amendment note below.

Pub. L. 96-88, Sec. 508(g), substituted ''Health and Human

Services'' for ''Health, Education, and Welfare'' in items relating

to the Assistant Secretary of Health and Human Services for

Administration, the Commissioner of Food and Drugs, the

Commissioner of Vocational Rehabilitation, the Commissioner of

Welfare, and the Deputy Inspector General of the Department of

Health and Human Services.

Pars. (1) to (152). Pub. L. 96-54 struck out paragraph

designations for positions listed herein.

Pars. (37), (38). Pub. L. 96-88, Sec. 508(f)(2), added pars. (37)

and (38) relating to additional officers and Administrator of

Education for Overseas Dependents in Department of Education,

respectively. See Codification note set out above.

Par. (87). Pub. L. 96-70 substituted ''Administrator of the

Panama Canal Commission'' for ''Governor of the Canal Zone''.

Par. (96). Pub. L. 96-107 substituted ''Deputy Under Secretaries

of Defense for Research and Engineering, Department of Defense''

for ''Deputy Directors of Defense Research and Engineering,

Department of Defense''.

Par. (152). Pub. L. 96-53 added par. (152) relating to two

additional officers in Institute for Scientific and Technological

Cooperation.

1978 - Par. (99). Pub. L. 95-454, Sec. 202(c)(4), struck out par.

(99) relating to Executive Director of United States Civil Service

Commission.

Par. (122). Pub. L. 95-454, Sec. 201(b)(3), added par. (122)

relating to five Associate Directors of Office of Personnel

Management.

Par. (144). Pub. L. 95-452, Sec. 10(b), added par. (144) relating

to Deputy Inspector General, Department of Health, Education, and

Welfare.

Par. (145). Pub. L. 95-454, Sec. 703(e), added par. (145)

relating to Members and General Counsel of Federal Labor Relations

Authority.

Pub. L. 95-452 added par. (145) relating to Inspector General,

Department of Commerce.

Par. (146). Pub. L. 95-521 added par. (146) relating to Director

of Office of Government Ethics.

Pub. L. 95-452 added par. (146) relating to Inspector General,

Department of the Interior.

Pars. (147) to (151). Pub. L. 95-452 added pars. (147) to (151)

relating to Inspector General, Community Services Administration,

Inspector General, Environmental Protection Agency, Inspector

General, General Services Administration, Inspector General,

National Aeronautics and Space Administration, and Inspector

General, Small Business Administration, respectively.

1977 - Par. (11). Pub. L. 95-89 substituted ''(4)'' for ''(3)''

in par. (11) relating to Associate Administrators of the Small

Business Administration.

Par. (135). Pub. L. 95-91 substituted ''Deputy Inspector General,

Department of Energy'' for ''General Counsel, Energy Research and

Development Administration'', covered in section 5315 by item

relating to General Counsel of the Department of Energy.

Par. (136). Pub. L. 95-91 substituted ''Department of Energy

(14)'' for ''Energy Research and Development Administration (8)''.

Par. (140). Pub. L. 95-219 substituted ''Assistant'' for

''Associate'', relating to Assistant Administrator for Coastal Zone

Management, National Oceanic and Atmospheric Administration.

Par. (141). Pub. L. 95-219 added par. (141) relating to Assistant

Administrator for Fisheries.

Pub. L. 95-115 added par. (141) relating to Associate

Administrator Office of Juvenile Justice and Delinquency

Prevention.

Pars. (142), (143). Pub. L. 95-219 added pars. (142) and (143)

relating to three Assistant Administrators, National Oceanic and

Atmospheric Administration and General Counsel, National Oceanic

and Atmospheric Administration, respectively.

1976 - Par. (15). Pub. L. 94-307 substituted ''(7)'' for ''(6)''

in par. (15) relating to Associate Administrators, National

Aeronautics and Space Administration.

Par. (44). Pub. L. 94-503 struck out par. (44) relating to

Commissioner of Immigration and Naturalization, Department of

Justice.

Par. (55). Pub. L. 94-561, Sec. 3(b)(1), struck out par. (55)

relating to Director of Agricultural Economics, Department of

Agriculture.

Par. (58). Pub. L. 94-503 struck out par. (58) relating to

Director, Bureau of Prisons, Department of Justice.

Pars. (115), (116). Pub. L. 94-503 struck out par. (115) relating

to United States Attorney for Northern District of Illinois, and

par. (116) relating to United States Attorney for Southern District

of California.

Par. (131). Pub. L. 94-237 struck out par. (131) relating to

Assistant Directors, Special Action Office for Drug Abuse

Prevention (6).

Par. (134). Pub. L. 94-503 struck out par. (134) relating to

Deputy Administrator for Administration of Law Enforcement

Assistance Administration.

Par. (135). Pub. L. 94-422 added par. (135) relating to Executive

Director, Advisory Council on Historic Preservation.

Par. (137). Pub. L. 94-582 added par. (137) relating to

Administrator, Federal Grain Inspection Service, Department of

Agriculture.

Pub. L. 94-561 added par. (137) relating to Administrator, Animal

and Plant Health Inspection Service, Department of Agriculture.

Par. (140). Pub. L. 94-370 added par. (140) relating to Associate

Administrator for Coastal Zone Management, National Oceanic and

Atmospheric Administration.

1975 - Pub. L. 94-82 substituted provisions applying level V 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 V to positions for which annual rate

of basic pay is $28,000.

Par. (93). Pub. L. 93-613 struck out par. (93) relating to

Members, United States Tariff Commission.

Pars. (134) to (139). Pub. L. 94-183 redesignated par. (133),

Deputy Administrator for Administration of the Law Enforcement

Assistance Administration, par. (134), General Counsel, Energy

Research and Development Administration, par. (135), Additional

officers, Energy Research and Development Administration (8), par.

(135), General Counsel, Commodity Futures Trading Commission, par.

(136), Additional officers, Nuclear Regulatory Commission (5), and

par. (136), Executive Director, Commodity Futures Trading

Commission, as pars. (134) to (139), respectively.

1974 - Par. (29). Pub. L. 93-438 struck out par. (29) relating to

Assistant General Manager, Atomic Energy Commission.

Par. (42). Pub. L. 93-271, Sec. 2, substituted ''Director, United

States Fish and Wildlife'' for ''Commissioner of Fish and

Wildlife''.

Par. (62). Pub. L. 93-438 struck out par. (62) relating to

Director of Regulation, Atomic Energy Commission. See section 5315

of this title.

Par. (69). Pub. L. 93-438 struck out par. (69) relating to Deputy

General Manager, Atomic Energy Commission.

Par. (81). Pub. L. 93-438 substituted ''General Counsel of the

Nuclear Regulatory Commission'' for ''General Counsel of the Atomic

Energy Commission''.

Par. (102). Pub. L. 93-438 struck out par. (102) relating to

Assistant General Managers, Atomic Energy Commission (2).

Par. (109). Pub. L. 93-126, Sec. 9(c), as added by Pub. L.

93-312, repealed par. (109) relating to Director of International

Scientific Affairs, Department of State.

Par. (122). Pub. L. 93-383 struck out par. (122) relating to

Assistant Secretary of Housing and Urban Development for

Administration.

Par. (134). Pub. L. 93-438 added par. (134) relating to General

Counsel, Energy Research and Development Administration.

Pars. (135), (136), Pub. L. 93-463 added pars. (135) and (136)

relating, respectively, to General Counsel, Commodity Futures

Trading Commission, and Executive Director, Commodity Futures

Trading Commission.

Pub. L. 93-438 added pars. (135) and (136) relating,

respectively, to additional officers, Nuclear Regulatory

Commission, and additional officers, Energy Research and

Development Administration.

1973 - Pars. (15) to (17). Pub. L. 93-74 added par. (15),

Associate Administrators, National Aeronautics and Space

Administration (6), and repealed provisions of former pars. (15)

for an Associate Administrator for Advanced Research and

Technology, (16) for Associate Administrator for Space Science and

Applications, and (17) for Associate Administrator for Manned Space

Flight, National Aeronautics and Space Administration.

Pars. (131) to (133). Pub. L. 93-43 redesignated par. (131)

relating to General Counsel of the Equal Employment Opportunity

Commission as par. (132), and added par. (133) relating to

Director, National Cemetery System.

Par. (133). Pub. L. 93-83 added par. (133) relating to Deputy

Administrator for Administration of the Law Enforcement Assistance

Administration.

1972 - Pars. (28), (64). Pub. L. 92-302 struck out pars. (28) and

(64) relating to an Assistant Secretary of the Treasury for

Administration and a Deputy Under Secretary for Monetary Affairs,

Department of the Treasury, respectively.

Par. (51). Pub. L. 92-603 struck out par. (51) relating to

Commissioner of Social Security, Department of Health, Education,

and Welfare. See section 5315 of this title.

Par. (111). Pub. L. 92-261, Sec. 9(c), struck out par. (111)

relating to Members, Equal Employment Opportunity Commission (4).

See section 5315 of this title.

Par. (131). Pub. L. 92-261, Sec. 9(d), added par. (131) relating

to General Counsel of the Equal Employment Opportunity Commission.

Pub. L. 92-255 added par. (131) relating to Assistant Directors,

Special Action Office for Drug Abuse Prevention.

1971 - Par. (25). Pub. L. 92-22 struck out position of Assistant

Secretary of the Interior for Administration. See section 1453a of

Title 43 and section 5315 of this title.

Par. (126). Pub. L. 91-644 struck out par. (126) relating to

Associate Administrator of Law Enforcement Assistance (2). See

section 5315 of this title.

1970 - Pars. (37), (60), (123). Pub. L. 91-375 struck out pars.

(37), (60), and (123) relating to Chief Postal Inspector; Director,

Research and Development; and Director, Construction Engineering,

respectively.

Par. (130). Pub. L. 91-453 added par. (130) relating to Deputy

Administrator, Urban Mass Transportation Administration, Department

of Transportation.

1969 - Pars. (128), (129). Pub. L. 91-175 added pars. (128) and

(129) relating to Auditor-General of the Agency for International

Development, and Vice Presidents, Overseas Private Investment

Corporation (3), respectively.

1968 - Par. (66). Pub. L. 90-407 substituted ''Assistant

Directors, National Science Foundation (4)'' for ''Deputy Director,

National Science Foundation''.

Par. (126). Pub. L. 90-623, Sec. 1(4), inserted ''(2)'' at end of

par. (126) relating to Associate Administrator of Law Enforcement

Assistance.

Pub. L. 90-351 added par. (126) relating to Associate

Administrator of Law Enforcement Assistance.

Par. (127). Pub. L. 90-623, Sec. 1(5), added par. (127) relating

to Director, Bureau of Narcotics and Dangerous Drugs, Department of

Justice.

1967 - Pub. L. 90-206 increased annual rate of basic pay from

$26,000 to $28,000.

Pars. (46), (47). Pub. L. 90-9 struck out par. (46) relating to

Chief Commissioner, Indian Claims Commission, and substituted

''Commissioners, Indian Claims Commission (5)'' for ''Associate

Commissioners, Indian Claims Commission (2)'' in par. (47).

1966 - Pub. L. 89-779 substituted ''Associate Administrators of

the Small Business Administration (3)'' for ''Deputy Administrators

of the Small Business Administration (4)'' in par. (11).

Pub. L. 89-734 added par. (117) relating to Director, United

States National Museum, Smithsonian Institution, and par. (118).

Pub. L. 89-670 added par. (117) relating to Assistant Secretary

for Administration, Department of Transportation, and struck out

pars. (10) Administrator of the Saint Lawrence Seaway Development

Corporation, (12) Associate Administrator for Administration,

Federal Aviation Agency, (13) Associate Administrator for

Development, Federal Aviation Agency, (14) Associate Administrator

for Programs, Federal Aviation Agency, (76) Federal Highway

Administrator, Department of Commerce, and (82) General Counsel of

the Federal Aviation Agency, subject to the provisions of section

1657 of former Title 49, Transportation.

-CHANGE-

CHANGE OF NAME

Bureau of Mines redesignated United States Bureau of Mines by

section 10(b) of Pub. L. 102-285, set out as a note under section 1

of Title 30, Mineral Lands and Mining.

Geological Survey redesignated United States Geological Survey by

provision of title I of Pub. L. 102-154, set out as a note under

section 31 of Title 43, Public Lands.

-MISC4-

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section

107(a) of Pub. L. 106-159, set out as a note under section 104 of

Title 49, Transportation.

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 1998 AMENDMENTS

Amendment by Pub. L. 105-393 effective on date determined by

Secretary of Commerce, but not later than 90 days after Nov. 13,

1998, see section 105 of Pub. L. 105-393, set out as an Effective

Date note under section 3121 of Title 42, The Public Health and

Welfare.

Amendment by section 1224(4) of Pub. L. 105-277 effective Apr. 1,

1999, see section 1201 of Pub. L. 105-277, set out as an Effective

Date note under section 6511 of Title 22, Foreign Relations and

Intercourse.

Amendment by section 1332(3) of Pub. L. 105-277 effective Oct. 1,

1999, see section 1301 of Pub. L. 105-277, set out as an Effective

Date note under section 6531 of Title 22, Foreign Relations and

Intercourse.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-123 effective on first applicable pay

period after Oct. 28, 1993, see section 108(b) of Pub. L. 103-123,

set out as a note under section 5315 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-359 effective on first day of first pay

period that begins on or after Aug. 26, 1992, see section 2(b)(3)

of Pub. L. 102-359, set out as a note under section 5315 of this

title.

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section

7296(a) of Pub. L. 100-690, set out as a note under section 5601 of

Title 42, The Public Health and Welfare.

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.

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as a note under

section 5 of Pub. L. 95-452 (Inspector General Act of 1978) in the

Appendix to this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2(e) of Pub. L. 99-619 provided that: ''Subsection (c) of

this section (amending this section and Reorg. Plan No. 6 of 1950,

set out in the Appendix to this title) shall become effective on

the day upon which the individual who is the incumbent of the

position abolished by such subsection, as of the date of enactment

(Nov. 6, 1986), ceases to hold the position.''

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-73 effective Oct. 1, 1985, see section

6(c) of Pub. L. 99-73, set out as a note under section 5315 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-325 to take effect on the appointment of

a person to fill successor position created by section 2212c of

Title 7, Agriculture, see section 8(e) of Pub. L. 97-325.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section

802(e) of Pub. L. 96-466, set out as a note under section 4101 of

Title 38, Veterans' Benefits.

Amendment by Pub. L. 96-209 effective Mar. 14, 1980, see title VI

of Pub. L. 96-209, set out as an Effective Date note under section

1622a of Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1979 AMENDMENTS

Amendment 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.

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 Jan. 1, 1980, see section

2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312

of this title.

Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section

512(a) of Pub. L. 96-53, set out as a note under section 2151 of

Title 22, Foreign Relations and Intercourse.

EFFECTIVE DATE OF 1978 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 95-452 effective Oct. 1, 1978, see section

12 of Pub. L. 95-452 set out in the Appendix to this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section

263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a

note under section 5601 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-582 effective 30 days after Oct. 21,

1976, see section 27 of Pub. L. 94-582, as amended, set out as a

note under section 74 of Title 7, Agriculture.

EFFECTIVE DATE OF 1974 AMENDMENTS

Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section

418 of Pub. L. 93-463, set out as a note under section 2 of Title

7, Agriculture.

Amendment by Pub. L. 93-438 effective 120 days after Oct. 11,

1974, or on such earlier date as President may prescribe and

publish in Federal Register, except that officers provided for in

sections 5811-5820 of Title 42, The Public Health and Welfare, may

be nominated and appointed at any time after Oct. 11, 1974, see

section 312(a) of Pub. L. 93-438, set out as an Effective Date;

Interim Appointments note under section 5801 of Title 42.

Amendment by Pub. L. 93-271 effective July 1, 1974, see section 3

of Pub. L. 93-271, set out as a note under section 742b of Title

16, Conservation.

EFFECTIVE DATE OF 1973 AMENDMENTS

Offices and salaries modified under amendment by Pub. L. 93-83,

prospectively only, effective on and after Aug. 6, 1973, see

section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218.

Amendment by Pub. L. 93-43 effective June 18, 1973, see section

10(a) of Pub. L. 93-43, set out as an Effective Date note under

section 2400 of Title 38, Veterans' Benefits.

EFFECTIVE DATE OF 1972 AMENDMENTS

Amendment by Pub. L. 92-603 effective on first day of first pay

period of Commissioner of Social Security, Department of Health,

Education, and Welfare, which commences on or after first day of

month which follows month in which Pub. L. 92-603 was enacted, see

section 404(c) of Pub. L. 92-603, set out as a note under section

5315 of this title.

Amendment by Pub. L. 92-302, abolishing offices of Assistant

Secretary of the Treasury for Administration and Deputy Under

Secretary for Monetary Affairs, Department of the Treasury,

effective on confirmation by Senate of Presidential appointees to

fill the successor positions created by Pub. L. 92-302, see,

section 3(b) of Pub. L. 92-302, May 18, 1972, 86 Stat. 149.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-22 effective on Senate confirmation of

Presidential appointment under section 1453a of Title 43 and

section 5315(18) of this title, see note set out under section

1453a of Title 43, Public Lands.

EFFECTIVE DATE OF 1970 AMENDMENT

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.

EFFECTIVE DATE OF 1968 AMENDMENTS

Amendment 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.

Amendment by Pub. L. 90-407 effective on first day of first

calendar month which begins on or after July 18, 1968, see section

15(a)(4) of Pub. L. 90-407, set out as a note under section 5313 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-206 effective as of beginning of first

pay period which begins on or after Dec. 16, 1967, see section

220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Emergency Preparedness, including offices of Director,

Deputy Director, Assistant Directors, and Regional Directors,

abolished and functions vested by law in Office of Emergency

Preparedness or Director of Office of Emergency Preparedness

transferred to President by sections 1 and 3(a)(1) of 1973 Reorg.

Plan No. 1, set out in the Appendix to this title.

Environmental Science Services Administration in Department of

Commerce, including offices of Administrator and Deputy

Administrator thereof, abolished by Reorg. Plan No. 4 of 1970,

eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the

Appendix to this title, which created National Oceanic and

Atmospheric Administration in Department of Commerce and

transferred personnel, property, records, and unexpended balances

of funds of Environmental Science Services Administration to such

newly created National Oceanic and Atmospheric Administration.

Components of Environmental Science Services Administration thus

transferred included Weather Bureau (now National Weather Service),

Coast and Geodetic Survey (now National Ocean Survey),

Environmental Data Service, National Environmental Satellite

Center, and ESSA Research Laboratories.

Bureau of Narcotics and Dangerous Drugs, including office of

Director thereof, in Department of Justice abolished by 1973 Reorg.

Plan No. 2, eff. July 1, 1973, 38 FR 15932, 87 Stat. 1091, set out

in the Appendix to this title, 1973 Reorg. Plan No. 2 also created

in Department of Justice an agency to be known as Drug Enforcement

Administration, with an Administrator and Deputy Administrator

appointed by President with advice and consent of Senate.

INDIAN CLAIMS COMMISSION

Indian Claims Commission terminated on Sept. 30, 1978, pursuant

to Pub. L. 94-465, Sec. 2, Oct. 8, 1976, 90 Stat. 1990.

COMMISSIONER OF PATENTS

Commissioner of Patents redesignated Commissioner of Patents and

Trademarks by Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949,

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

ADMINISTRATOR OF BONNEVILLE POWER ADMINISTRATION

Bonneville Power Administration transferred to Department of

Energy by section 7152 of Title 42, The Public Health and Welfare.

-MISC5-

GENERAL COUNSEL OF MILITARY DEPARTMENTS

Pub. L. 100-456, div. A, title VII, Sec. 703(b), Sept. 29, 1988,

102 Stat. 1996, which provided that, notwithstanding this section,

the General Counsel of each of the military departments was to be

paid at the highest rate of basic pay payable under section 5382 of

this title, to a member of the Senior Executive Service, was

repealed by Pub. L. 102-190, div. A, title IX, Sec. 903(b), Dec.

5, 1991, 105 Stat. 1451.

COMPENSATION OF DEPUTY ASSISTANT SECRETARY OF COMMERCE FOR

COMMUNICATIONS AND INFORMATION

Pub. L. 95-567, title I, Sec. 106(c), Nov. 2, 1978, 92 Stat.

2409, provided that: ''The position of Deputy Assistant Secretary

of Commerce for Communications and Information, established in

Department of Commerce Organization Order Numbered 10-10 (effective

March 26, 1978), shall be compensated at the rate of pay in effect

from time to time for level V of the Executive Schedule under

section 5316 of title 5, United States Code.''

SUBVERSIVE ACTIVITIES CONTROL BOARD

Subversive Activities Control Board, Chairman and Members of

which were compensated under this section, ceased operation on June

3, 1973, as unfunded by Congress.

SALARY INCREASES

2003 - Salaries of positions at level V increased to $125,400 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2003, as provided by Ex. Ord. No. 13282, Dec.

31, 2002, 68 F.R. 1133, set out as a note under section 5332 of

this title.

2002 - Salaries of positions at level V increased to $121,600 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2002, as provided by Ex. Ord. No. 13249, Dec.

28, 2001, 67 F.R. 639.

2001 - Salaries of positions at level V increased to $117,600 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2001, as provided by Ex. Ord. No. 13182, Dec.

23, 2000, 65 F.R. 82879, 66 F.R. 10057.

2000 - Salaries of positions at level V increased to $114,500 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec.

21, 1999, 64 F.R. 72237.

1999 - Salaries of positions at level V continued at $110,700 per

annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.

1998 - Salaries of positions at level V increased to $110,700 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec.

29, 1997, 62 F.R. 68521.

1997 - Salaries of positions at level V continued at $108,200 per

annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.

1996 - Salaries of positions at level V continued at $108,200 per

annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.

1995 - Salaries of positions at level V continued at $108,200 per

annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.

1993 - Salaries of positions at level V increased to $108,200 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec.

30, 1992, 57 F.R. 62909.

1992 - Salaries of positions at level V increased to $104,800 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec.

26, 1991, 56 F.R. 67453.

1991 - Salaries of positions at level V increased to $101,300 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec.

12, 1990, 55 F.R. 51385.

1990 - Salaries of positions at level V increased to $78,200 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1990, and continued at that rate by Ex. Ord.

No. 12698, Dec. 23, 1989, 54 F.R. 53473.

1989 - Salaries of positions at level V increased to $75,500 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1989, as provided by Ex. Ord. No. 12663, Jan.

6, 1989, 54 F.R. 791.

1988 - Salaries of positions at level V continued at $72,500 per

annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.

1987 - Salaries of positions at level V increased to $72,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

Salaries of positions at level V increased to $70,800 per annum,

effective on the first day of the first pay period beginning on or

after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31,

1986, 52 F.R. 505.

1985 - Salaries of positions at level V increased to $68,700 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec.

28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30,

1985, 51 F.R. 577.

1984 - Salaries of positions at level V increased to $66,400 per

annum, effective on the first day of the first pay period beginning

on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec.

30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984,

49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.

1982 - Salaries of positions at level V increased to $63,800 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct.

8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that

pursuant to section 101(e) of Pub. L. 97-276 funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1982, which was $57,500.00.

Maximum rate payable after Dec. 17, 1982, increased from

$57,500.00 to $63,800.00, see Pub. L. 97-377, title I, Sec.

129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under

section 5318 of this title.

Limitations on use of funds for fiscal year ending Sept. 30,

1983, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(e) of Pub. L. 97-276, as amended, set out as a note

under section 5318 of this title.

1981 - Salaries of positions at level V increased to $61,300 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct.

15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that

pursuant to section 101(c) of Pub. L. 97-51 funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1981, which was $50,112.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1982, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

sections 101(g) and 141 of Pub. L. 97-92, set out as a note under

section 5318 of this title.

1980 - Salaries of positions at level V increased to $58,500 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct.

16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that

pursuant to section 101(c) of Pub. L. 96-369, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1980, which was $50,112.50.

Limitations on use of funds for fiscal year ending Sept. 30,

1981, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal to or above level V of the Executive Schedule, see

section 101(c) of Pub. L. 96-536, as amended, set out as a note

under section 5318 of this title.

1979 - Salaries of positions at level V increased to $53,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct.

9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12,

1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that

pursuant to section 101(c) of Pub. L. 96-86 funds appropriated for

fiscal year 1980 may not be used to pay a salary at a rate which

exceeds an increase of 5.5 percent over the rate in effect on Sept.

30, 1978, which is a maximum rate payable of $50,112.50.

Applicability to funds appropriated by any Act for fiscal year

ending Sept. 30, 1980, of limitation of section 304 of Pub. L.

95-391 on use of funds to pay the salary or pay of any individual

in legislative, executive, or judicial branch in position equal to

or above level V of the Executive Schedule, see section 101 of Pub.

L. 96-86, set out as a note under section 5318 of this title.

1978 - Salaries of positions at level V increased to $50,100 per

annum, effective in the first pay period beginning on or after Oct.

1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R.

46823. Ex. Ord. No. 12087, further provided that pursuant to the

Legislative Branch Appropriation Act, 1979, funds are not available

to pay a salary at a rate which exceeds the rate in effect on Sept.

30, 1978, which was $47,500.

Limitations on use of funds for fiscal year ending Sept. 30,

1979, appropriated by any Act to pay the salary or pay of any

individual in legislative, executive, or judicial branch in

position equal or above level V of the Executive Schedule, see

section 304 of Pub. L. 95-391 and section 613 of Pub. L. 95-429,

set out as a note under section 5318 of this title.

1977 - Salaries of positions at level V increased to $47,500 per

annum, on recommendation of the President of the United States, see

note set out under section 358 of Title 2, The Congress.

1976 - Salaries of positions at level V increased to $39,600 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41

F.R. 43889. Ex Ord. No. 11941, further provided that pursuant to

the Legislative Branch Appropriation Act, 1977, funds are not

available to pay a salary at a rate which exceeds the rate in

effect on Sept. 30, 1976, which was $37,800.

1975 - Salaries of positions at level V increased to $37,800 per

annum, effective on the first day of the first pay period beginning

on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40

F.R. 47091.

1969 - Salaries of positions at level V increased from $28,000 to

$36,000 per annum, commencing on the first day of the pay period

which begins after February 14, 1969, on recommendation of the

President of the United States, see note set out under section 358

of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5317, 5377, 5380, 8432 of

this title; title 2 sections 60a-2, 74a-3, 282b, 288, 353, 437c,

1161, 1381, 1382; title 3 section 113; title 10 section 973; title

12 sections 1723a, 4703; title 15 section 2204; title 18 section

207; title 20 sections 1221e, 3501, 3503, 5848, 5933; title 21

sections 1305, 1908; title 22 sections 286a, 1465c, 1622c, 3506,

3612, 3961, 4106, 5510, 6432b; title 25 sections 3505, 4303; title

26 sections 3121, 6103; title 28 sections 537, 548, 625; title 31

section 731; title 38 sections 7404, 7451; title 39 section 206;

title 41 section 422; title 42 sections 300aa-12, 410, 907a, 1108,

1320b-9, 2996d, 5871, 5872, 7211, 7232, 7291, 7293, 7383, 10704,

11314, 15324; title 44 sections 303, 3319; title 47 section 155;

title 49 section 106.

-CITE-

5 USC Sec. 5317 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5317. Presidential authority to place positions at levels IV

and V

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 89-670, Sec.

10(d)(6), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(17),

Sept. 11, 1967, 81 Stat. 199.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

5 U.S.C. 2211(f). Aug. 14, 1964, Pub.

L. 88-426, Sec.

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 ACT

The amendment to 5 U.S.C. 5317 conforms to the style of title 5.

AMENDMENTS

1966 - Pub. L. 89-670 increased from thirty to thirty-four the

number of additional level IV and V positions authorized when

necessary.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

-EXEC-

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 POSITIONS

1-101. The following positions are placed in level IV of the

Executive Schedule:

(a) Counselor to the Secretary, Department of the Treasury.

(b) Deputy Under Secretary for International Labor Affairs,

Department of Labor.

(c) Administrator, Alcohol, Drug Abuse and Mental Health

Administration, Department of Health and Human Services.

(d) Executive Secretary of the National Security Council.

(e) Administrator, Office of Juvenile Justice and Delinquency

Prevention, Department of Justice.

(f) Comptroller of the Department of Defense (now Under Secretary

of Defense (Comptroller)).

(g) Assistant Secretary of the Air Force (1).

(h) Director, Office for Victims of Crime, Department of Justice.

(i) Director, Bureau of Justice Assistance, Department of

Justice.

(j) Director of the National Institutes of Health.

(k) Members, Chemical Safety and Hazard Investigation Board (5).

(k)((l)) Commissioner on Aging (now Assistant Secretary for

Aging), Department of Health and Human Services(.)

1-102. The following positions are placed in level V of the

Executive Schedule:

(a) Deputy Assistant Secretary of Defense for Reserve Affairs,

Department of Defense.

(b) Executive 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 PROVISIONS

1-201. Nothing in this Order shall be deemed to terminate or

otherwise affect the appointment, or to require the reappointment,

of any occupant of any position listed in Section 1-1 of this Order

who was the occupant of that position immediately prior to the

issuance of this Order.

1-202. Executive Order No. 12076, as amended, is hereby revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5377, 5380, 8432 of this

title; title 10 section 973; title 26 section 3121; title 28

sections 548, 587; title 42 section 410.

-CITE-

5 USC Sec. 5318 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

-HEAD-

Sec. 5318. Adjustments in rates of pay

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 94-82, title II, Sec. 202(a), Aug. 9, 1975, 89 Stat.

419; amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), Nov.

30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 (title

I, Sec. 101(b)(4)(A)), Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L.

103-356, title I, Sec. 101(3), Oct. 13, 1994, 108 Stat. 3411.)

-REFTEXT-

REFERENCES IN TEXT

The 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.

-MISC2-

AMENDMENTS

1994 - 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''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 101 of Pub. L. 103-356 provided that the amendment made

by that section is effective as of Dec. 31, 1994.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 704(b) of Pub. L. 101-194 provided that: ''This section

and the amendments made by this section (amending this section,

section 31 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 OFFICIALS

Pub. L. 102-90, title I, Sec. 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.''

Section 703 of Pub. L. 101-194 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 MADE

Section 704(a) of Pub. L. 101-194 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)) 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, 1983

Pub. L. 98-51, title III, Sec. 304, July 14, 1983, 97 Stat. 279,

provided that:

''(a) Except as provided in subsection (b), the rate of salary or

basic pay prescribed by law as of the date of the enactment of this

Act (July 14, 1983) shall be reduced to the salary or basic pay

rate payable as of such date in the case of -

''(1) any office or position at level I, II, or III of the

Executive Schedule,

''(2) any Member of Congress, and

''(3) any other office or position in the legislative,

executive, or judicial branch, or in the government of the

District of Columbia, for which the rate of salary or basic pay

that is payable on such date of enactment is less than the rate

then prescribed by law.

''(b) In the case of any office or position in the legislative,

executive, or judicial branch, or in the government of the District

of Columbia, for which the maximum rate of salary or basic pay that

is payable on the date of the enactment of this Act (July 14, 1983)

is less than the maximum rate then prescribed by law, the maximum

rate prescribed by law as of such date of enactment shall be

reduced to the maximum rate payable as of such date.

''(c) In determining the amount of the reduction under this

section in the case of any Senator, the provisions of section 129,

of Public Law 97-377 (set out as a note below) shall be applied

without regard to subsection (c) of such section.''

LIMITATION ON MAXIMUM RATE OF SALARY INCREASES FOR SENIOR

EXECUTIVE, JUDICIAL, AND LEGISLATIVE POSITIONS (INCLUDING MEMBERS

OF CONGRESS); SERVICES PERFORMED AFTER DECEMBER 17, 1982;

APPLICABILITY TO SENATORS; CONSTRUCTION WITH PROVISIONS RELATING TO

ANNUAL RATES OF COMPENSATION OF OFFICERS AND EMPLOYEES OF THE

SENATE

Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat.

1914, provided that:

''(b) In lieu of payment of salary increases of up to 27.2

percent as authorized by law for senior executive, judicial, and

legislative positions (including Members of Congress), it is the

purpose of this section (enacting this provision and amending

section 101(e) of Pub. L. 97-276, set out below) to limit such

increases to 15 percent. Notwithstanding the provisions of section

306 of S. 2939 (set out below) made applicable by subsection (a) of

this section, nothing in subsection (a) shall (or be construed to)

require that the rate of salary or pay payable to any individual

for or on account of services performed after December 17, 1982, be

limited to an amount less than the rate (or maximum rate, if

higher) of salary or pay payable as of such date for the position

involved increased by 15 percent and rounded in accordance with

section 5318 of title 5, United States Code.

''(c) Subsection (b) shall not apply to Senators.

''(d) For the purposes of any rule, regulation, or order having

the force and effect of law and limiting the annual rates of

compensation of officers and employees of the Senate by reference

to the annual rate of pay of Senators, the annual rate of pay of

Senators shall be deemed to be the annual rate of pay that would be

payable to Senators without regard to subsection (c) of this

section.''

FISCAL YEAR 1983 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, as

amended by Pub. L. 97-377, title I, Sec. 129(a), Dec. 21, 1982, 96

Stat. 1914, provided in part that: ''the provisions of section

306(a), (b), and (d) of S. 2939 (Ninety-seventh Congress, 2nd

Session, as reported Sept. 22, 1982) shall apply to any

appropriation, fund, or authority made available for the period

October 1, 1982, through September 30, 1983, by this or any other

Act.'' Section 306(a), (b), and (d) of S. 2939, Ninety-seventh

Congress, 2nd Session, as reported Sept. 22, 1982, provided that:

''(a) No part of the funds appropriated for the fiscal year

ending September 30, 1983, by this Act or any other Act may be used

to pay the salary or pay of any individual in an office or position

in the legislative, executive, or judicial branch, or in the

government of the District of Columbia, at a rate which exceeds the

rate (or maximum rate, if higher) of salary or basic pay payable

for such office or position for September 30, 1982, if the rate of

salary or basic pay for that office or position is -

''(1) fixed at a rate which is equal to or greater than the

rate of basic pay for level V of the Executive Schedule under

section 5316 of title 5, United States Code, or

''(2) limited to a maximum rate which is equal to or greater

than the rate of basic pay for such level V (or to a percentage

of such a maximum rate) by reason of section 5308 of title 5,

United States Code, or any other provision of law or

congressional resolution.

''(b) For purposes of subsection (a), the rate or maximum rate

(as the case may be) of salary or basic pay payable for September

30, 1982, for any office or position which was not in existence on

such date shall be deemed to be the rate or maximum rate (as the

case may be) of salary or basic pay payable to individuals in

comparable offices or positions for such date, as determined under

regulations prescribed -

''(1) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(2) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(3) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.

''(d) For purposes of administering any provisions of law, rule,

or regulation which provides retirement, life insurance, or other

employee benefit, which requires any deduction or contribution, or

which imposes any requirement or limitation, on the basis of a rate

of salary or basic pay, the rate of salary or basic pay payable

after the application of this section shall be treated as the rate

of salary or basic pay.''

FISCAL YEAR 1982 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 97-92, Sec. 101(g), Dec. 15, 1981, 95 Stat. 1190,

provided that: ''The provisions of section 305(a), (b), and (d) of

H.R. 4120, entitled the Legislative Branch Appropriation Act, 1982,

shall apply to any appropriation, fund, or authority made available

for the period October 1, 1981, through September 30, 1982, by this

or any other Act.'' Section 305(a), (b), and (d) of H.R. 4120, as

reported July 9, 1981, provided that:

''(a) No part of the funds appropriated for the fiscal year

ending September 30, 1982, by this Act or any other Act may be used

to pay the salary or pay of any individual in any office or

position in the legislative, executive, or judicial branch, or in

the government of the District of Columbia, at a rate which exceeds

the rate (or maximum rate, if higher) of salary or basic pay

payable for such office or position for September 30, 1981, if the

rate of salary or basic pay for that office or position is -

''(1) fixed at a rate which is equal to or greater than the

rate of basic pay for level V of the executive Schedule under

section 5316 of title 5, United States Code, or

''(2) limited to a maximum rate which is equal to or greater

than the rate of basic pay for such level V (or to a percentage

of such a maximum rate) by reason of section 5308 of title 5,

United States Code, or any other provision of law or

congressional resolution.

''(b) For purposes of subsection (a), the rate or maximum rate

(as the case may be) of salary or basic pay payable for September

30, 1981, for any office or position which was not in existence on

such date shall be deemed to be the rate or maximum rate (as the

case may be) of salary or basic pay payable to individuals in

comparable offices or positions for such date, as determined under

regulations prescribed -

''(1) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(2) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(3) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.

''(d) For purposes of administering any provision of law, rule,

or regulation which provides retirement, life insurance, or other

employee benefit, which requires any deduction or contribution, or

which imposes any requirement or limitation, on the basis of a rate

of salary or basic pay, the rate of salary or basic pay payable

after the application of this section shall be treated as the rate

of salary or basic pay.''

Similar provisions were contained in Pub. L. 97-51, Sec. 101(c),

Oct. 1, 1981, 95 Stat. 959, as amended Pub. L. 97-85, Nov. 23,

1981, 95 Stat. 1098.

Pub. L. 97-92, Sec. 141, Dec. 15, 1981, 95 Stat. 1200, provided

that:

''(a) Notwithstanding the provisions of section 305 of H.R. 4120

made applicable by section 101(g) of this joint resolution (set out

above), but subject to subsection (b) of this section, nothing in

section 101(g) shall (or shall be construed to) require that the

rate of salary or basic pay, payable to any individual for or on

account of services performed after December 31, 1981, be limited

to or reduced to an amount which is less than -

''(1) $59,500, if such individual has an office or position the

salary or pay for which corresponds to the rate of basic pay for

level III of the Executive Schedule under section 5314 of title

5, United States Code;

''(2) $58,500, if such individual has an office or position the

salary or pay for which corresponds to the rate of basic pay for

level IV of the Executive Schedule under section 5315 of title 5,

United States Code; or

''(3) $57,500, if such individual has an office or position the

salary or pay for which corresponds to the rate of basic pay for

level V of the Executive Schedule under section 5316 of title 5,

United States Code.

''(b)(1) For purposes of subsection (a), any rate of salary or

pay shall be considered to correspond to the basic pay for a level

of the Executive Schedule if the rate of salary or pay for that

office or position is (i) fixed at a rate which is equal to or

greater than the rate of basic pay for that level of the Executive

Schedule or (ii) limited to a maximum rate which is equal to or

greater than the rate of basic pay for such level (or to a

percentage of such a maximum rate) by reason of section 5308 of

title 5, United States Code, or any other provision of law (other

than the provisions of such section 305, as made applicable by

section 101(g) of this joint resolution) or congressional

resolution.

''(2) In applying subsection (a) for any office or position for

which the rate of salary or basic pay is limited to a percentage of

such a maximum rate, there shall be substituted, in lieu of the

amount specified in subsection (a) for that office or position, an

amount equal to such percentage of the specified amount.

''(c) Any adjustment pursuant to this section made to the pay of

any employee or class of employees whose pay is disbursed by the

Clerk of the House should be of such amount as to assure, to the

maximum extent practicable, that such employees are not paid at

rates at less than employees or classes of employees whose pay is

disbursed by the Secretary of the Senate and who hold equivalent

positions.''

FISCAL YEAR 1981 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167, as

amended by Pub. L. 97-12, title IV, Sec. 401, June 5, 1981, 95

Stat. 95, making further continuing appropriations for fiscal year

1981, provided in part that: ''the provisions of section 306(a),

(b), and (d) of H.R. 7593 (providing salary pay cap limitations for

executive, legislative, and judicial employees and officials) (as

passed the House of Representatives, July 21, 1980) shall apply to

any appropriation, fund, or authority made available for the period

October 1, 1980, through September 30, 1981, by this or any other

Act.'' Section 306(a), (b), and (d) of H.R. 7593, as passed the

House of Representatives on July 21, 1980, provided that:

''(a) No part of the funds appropriated for the fiscal year

ending September 30, 1981, by this Act or any other Act may be used

to pay the salary or pay of any individual in any office or

position in the legislative, executive, or judicial branch, or in

the government of the District of Columbia, at a rate which exceeds

the rate (or maximum rate, if higher) of salary or basic pay

payable for such office or position for September 30, 1980, if the

rate of salary or basic pay for that office or position is -

''(1) fixed at a rate which is equal to or greater than the

rate of basic pay for level V of the Executive Schedule under

section 5316 of title 5, United States Code, or

''(2) limited to a maximum rate which is equal to or greater

than the rate of basic pay for such level V (or to a percentage

of such a maximum rate) by reason of section 5308 of title 5,

United States Code, or any other provision of law or

congressional resolution.

''(b) For purposes of subsection (a), the rate or maximum rate

(as the case may be) of salary or basic pay payable for September

3, 1980, for any office or position which was not in existence on

such date shall be deemed to be the rate or maximum rate (as the

case may be) of salary or basic pay payable to individuals in

comparable offices or positions for such date, as determined under

regulations prescribed -

''(1) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(2) jointly by the Speaker of the House of Representatives

and the President pro tempore of the Senate, in the case of any

office or position within the legislative branch; or

''(3) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.

''(d) For purposes of administering any provision of law, rule,

or regulation which provides retirement, life insurance, or other

employee benefit, which requires any deduction or contribution, or

which imposes any requirement or limitation, on the basis of a rate

of salary or basic pay, the rate of salary or basic pay payable

after the application of this section shall be treated as the rate

of salary or basic pay.''

Similar provisions were contained in Pub. L. 96-369, Sec. 101(c),

Oct. 1, 1980, 94 Stat. 1352.

FISCAL YEAR 1980 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 96-86, Sec. 101(c), Oct. 12, 1979, 93 Stat. 657, provided

in part that:

''For the fiscal year 1980, funds available for payment to

executive employees, which includes Members of Congress, who under

existing law are entitled to approximately 12.9 percent increase in

pay, shall not be used to pay any such employee or elected or

appointed official any sum in excess of 5.5 percent increase in

existing pay and such sum if accepted shall be in lieu of the 12.9

percent due for such fiscal year.

''Provided, further, That for the purpose of carrying out this

provision and notwithstanding the provisions of the Federal Pay

Comparability Act of 1970 (Pub. L. 91-656), the Executive Salary

Cost-Of-Living Adjustment Act (Pub. L. 94-82), or any other related

provision of law, which would provide an approximate 12.9 percent

increase in pay for certain Federal officials for pay periods

beginning on or after October 1, 1979, and notwithstanding section

102 of this joint resolution, the provisions of section 304 of the

Legislative Branch Appropriation Act, 1979 (set out below), which

limit the pay for certain Federal offices and positions, shall

apply to funds appropriated by this joint resolution or any Act for

the fiscal year 1980, except that in applying such limitation the

term 'at a rate which exceeds by more than 5.5 percent the rate'

shall be substituted for the term 'at a rate which exceeds the

rate' where it appears in subsection (a) of such section for the

purpose of limiting pay increases to 5.5 percent.''

FISCAL YEAR 1979 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 95-429, title VI, Sec. 613, Oct. 10, 1978, 92 Stat. 1017,

provided that:

''(a) No part of the funds appropriated for the fiscal year

ending September 30, 1979, by this Act or any other Act may be used

to pay the salary or pay of any individual in any office or

position in the legislative, executive, or judicial branch, or in

the government of the District of Columbia, at a rate which exceeds

the rate (or maximum rate, if higher) of salary or basic pay

payable for such office or position for September 30, 1978, if the

rate of salary or basic pay for such office or position is -

''(1) fixed at a rate which is equal to or greater than the

rate of basic pay for level V of the Executive Schedule under

section 5316 of title 5, United States Code, or

''(2) limited to a maximum rate which is equal to or greater

than the rate of basic pay for such level V (or to a percentage

of such a maximum rate) by reason of section 5308 of title 5,

United States Code or any other provision of law or congressional

resolution.

''(b) For purposes of subsection (a), the rate or maximum rate

(as the case may be) of salary or basic pay payable for September

30, 1978, for any office or position which was not in existence on

such date shall be deemed to be the rate or maximum rate (as the

case may be) of salary or basic pay payable to individuals in

comparable offices or positions for such date, as determined under

regulations prescribed -

''(1) by the President, in the case of any office or position

within the executive branch or in the government of the District

of Columbia;

''(2) jointly by the Speaker of the House and the President pro

tempore of the Senate, in the case of any office or position

within the legislative branch; or

''(3) by the Chief Justice of the United States, in the case of

any office or position within the judicial branch.

''(c) For purposes of administering any provision of law, rule,

or regulation which provides retirement, life insurance, or other

employee benefit, which requires any deduction or contribution, or

which imposes any requirement or limitation, on the basis of a rate

of salary or basic pay, the rate of salary or basic pay payable

after the application of this section shall be treated as the rate

of salary or basic pay.''

Identical provisions were enacted by Pub. L. 95-391, title III,

Sec. 304, Sept. 30, 1978, 92 Stat. 788.

1977 COMPARABILITY ADJUSTMENT NOT EFFECTIVE FOR CERTAIN POSITIONS

Pub. L. 95-66, July 11, 1977, 91 Stat. 270, provided that: ''The

first adjustment which, but for this Act, would be made after the

date of enactment of this Act under the following provisions of law

in the salary or rate of pay of positions or individuals to which

such provisions apply, shall not take effect:

''(1) the second sentence of section 104 of title 3, United

States Code, relating to comparability adjustments in the salary

of the Vice President of the United States;

''(2) paragraph (2) of section 601(a) of the Legislative

Reorganization Act of 1946 (2 U.S.C. 31), relating to

comparability adjustments in the annual rate of pay of Members of

Congress;

''(3) section 461 of title 28, United States Code, relating to

comparability adjustments in the salary and rate of pay of

justices, judges, commissioners, and referees; and

''(4) section 5318 of title 5, United States Code, relating to

comparability adjustments in the annual rate of pay for positions

in the Executive Schedule.''

FISCAL YEAR 1977 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR

CERTAIN POSITIONS

Pub. L. 94-440, title II, Sec. 100, Oct. 1, 1976, 90 Stat. 1446,

provided that: ''No part of the funds appropriated in this Act or

any other Act shall be used to pay the salary of an individual in a

position or office referred to in section 225(f) of the Federal

Salary Act of 1967, as amended (2 U.S.C. 356), including a Delegate

to the House of Representatives, at a rate which exceeds the salary

rate in effect on September 30, 1976, for such position or office

except increases submitted by the President pursuant to section 225

of the Federal Salary Act of 1967.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5312, 5313, 5314, 5315,

5316 of this title.

-CITE-

5 USC SUBCHAPTER III - GENERAL SCHEDULE PAY RATES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

.

-HEAD-

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 3102, 3109, 3161,

3374, 4505a, 4802, 5302, 5392, 5541, 5544, 5545, 5753, 5754, 5755,

7204, 9509 of this title; title 2 sections 60e-2, 60e-2a, 60e-2b,

60e-6, 162a, 166, 197, 293, 353, 356, 437c, 1846, 1847, 1848, 2048;

title 4 section 142; title 7 sections 2, 511m, 610, 1507, 1642,

1765a, 6981, 7317, 7657; title 10 sections 1114, 1464, 2006, 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, 278e, 327, 634d, 648, 714g, 714h,

715h, 717q, 1023, 2451, 4105, 7107; title 16 sections 18c,

410cc-36, 410ww-24, 410ccc-22, 450jj-1, 450ss-3, 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, 80o,

80q-4, 1018, 1067j, 1087-2, 1089, 1098, 1102, 1137, 1138b, 1145,

1221e, 1417, 2106, 3413, 3425, 4512, 5509, 5933, 9105, 9252, 9517,

9578, 9621; title 21 sections 393, 1908; title 22 sections 272a,

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

2083, 2421, 2454, 2581, 3008, 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, 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, 7631, 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, 1873, 1962a-4, 2000e-4, 2000g,

2201, 2473, 4276, 4365, 4372, 5149, 5667g-2, 6063, 7383, 10266,

12373, 12619, 12651f, 14196, 15064, 15324; title 43 sections 316n,

1731; 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. 5331 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5331. Definitions; application

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 95-454, title

IV, Sec. 408(b)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 100-325,

Sec. 2(h)(3), May 30, 1988, 102 Stat. 582; Pub. L. 101-509, title

V, Sec. 529 (title I, Sec. 102(c)), Nov. 5, 1990, 104 Stat. 1427,

1444.)

-MISC1-

HISTORICAL AND REVISION NOTES

The section is added on authority of former sections 1081, 1082,

1084, and 1091, which are carried into section 5102.

AMENDMENTS

1990 - Subsec. (b). 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.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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 53

References 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, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 2153.

-CITE-

5 USC Sec. 5332 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5332. The General Schedule

-STATUTE-

(a)(1) The General Schedule, the symbol for which is ''GS'', is

the basic pay schedule for positions to which this subchapter

applies. Each employee to whom this subchapter applies is entitled

to basic pay in accordance with the General Schedule.

(2) The General Schedule is a schedule of annual rates of basic

pay, consisting of 15 grades, designated ''GS-1'' through

''GS-15'', consecutively, with 10 rates of pay for each such

grade. The rates of pay of the General Schedule are adjusted in

accordance with section 5303.

(b) When payment is made on the basis of an hourly, daily,

weekly, or biweekly rate, the rate is computed from the appropriate

annual rate of basic pay named by subsection (a) of this section in

accordance with the rules prescribed by section 5504(b) of this

title.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90-83, Sec.

1(18), Sept. 11, 1967, 81 Stat. 199; Pub. L. 90-206, title II, Sec.

202(a), Dec. 16, 1967, 81 Stat. 624; Pub. L. 95-454, title V, Sec.

503(e), Oct. 13, 1978, 92 Stat. 1184; Pub. L. 98-615, title II,

Sec. 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 102-378, Sec.

2(29), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 103-89, Sec.

3(b)(1)(F), Sept. 30, 1993, 107 Stat. 982.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(a) 5 U.S.C. 1113 (less Oct. 28, 1949, ch.

(c)). 782, Sec. 603 (less

(d)), 63 Stat. 965.

Oct. 24, 1951, ch.

554, Sec. 1(a), 65

Stat. 612.

Sept. 1, 1954, ch.

1208, Sec. 109

(less (c)), 68

Stat. 1108.

June 28, 1955, ch.

189, Sec. 2(a), 69

Stat. 172.

June 20, 1958, Pub.

L. 85-462, Sec.

2(a), 72 Stat. 203.

July 1, 1960, Pub.

L. 86-568, Sec.

112(a), 74 Stat.

298.

Oct. 11, 1962, Pub.

L. 87-793, Sec.

602(a), 76 Stat.

843.

Aug. 14, 1964, Pub.

L. 88-426, Sec.

102(a), 78 Stat.

400.

(b) 5 U.S.C. 1113(c). Oct. 28, 1949, ch.

782, Sec. 603 (d),

63 Stat. 965.

Sept. 1, 1954, ch.

1208, Sec. 109(c),

68 Stat. 1108.

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

In subsection (a), the words ''the symbol for which is 'GS' ''

are added on authority of former section 1111 which is carried into

section 5104. So much as related to the Crafts, Protective, and

Custodial Schedule is omitted as repealed effective not later than

Sept. 11, 1955, by the Act of Sept. 1, 1954, Sec. 109(b), 110(b),

68 Stat. 1108.

In subsection (b), reference to payment made on the basis of a

''monthly'' rate is omitted since section 5504(b), former section

944(c), no longer provides for converting a basic annual rate to a

basic monthly rate.

Standard changes are made to conform with the definitions

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

to the report.

1967 Act

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

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

Large)

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

5332(a) 5 App.: 1113(b). Oct. 29, 1965, Pub.

L. 89-301, Sec.

2(a), 79 Stat.

1111. July 18,

1966, Pub. L. 89-

504, Sec. 102(a), 80

Stat. 288.

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

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-89 struck out '', except an

employee covered by the performance management and recognition

system established under chapter 54,'' after ''whom this subchapter

applies''.

1992 - Subsec. (a). Pub. L. 102-378 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: ''The

General Schedule, the symbol for which is 'GS', is the basic pay

schedule for positions to which this subchapter applies. Each

employee to whom this subchapter applies, except an employee

covered by the performance management and recognition system

established under chapter 54 of this title, is entitled to basic

pay in accordance with the General Schedule.''

1984 - Subsec. (a). 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 inserted in second sentence

reference to an employee covered by the merit pay system

established under section 5402 of this title.

1967 - Subsec. (a). Pub. L. 90-206 increased the compensation in

each step of each grade.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment 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 1992 AMENDMENT

Amendment by Pub. L. 102-378 effective May 4, 1991, see section

9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 504(a) of Pub. L. 95-454 provided that amendment by 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.

EFFECTIVE DATE OF 1967 AMENDMENT

Section 220(a)(2) of Pub. L. 90-206 provided, except as otherwise

expressly provided, that: ''Sections 202 (amending this section and

enacting provisions set out as a note under this section), 203

(amending section 3301 of Title 39, The Postal Service), 204

(enacting section 3512A of Title 39, amending sections 3512, and

3513-3531 of Title 39, and enacting provisions set out as a note

under section 3512A of Title 39), 205 (amending sections 3542-3544

of Title 39, and enacting provisions set out as notes under

sections 3542, 3544, 3552, and 3560 of Title 39), 206 (amending

sections 3560, 3573, and 3575 of Title 39, and enacting provisions

set out as a note under section 3542 of Title 39), 208 (amending

former section 4107 of Title 38, Veterans' Benefits), 209 (amending

sections 867 and 870 of Title 22, Foreign Relations and

Intercourse, and enacting provisions set out as a note under

section 867 of Title 22), 210 (enacting provisions set out as a

note under section 590h of Title 16, Conservation), 211 (enacting

provisions set out as a note under this section and section 548 of

Title 28, Judiciary and Judicial Procedure), 213 (except

subsections (d) and (e)) (enacting provisions set out as notes

under sections 603, 604, and 753 of Title 28), 214 (except

subsections (j), (k), (l), (n), and (o)) (enacting sections 60e-14,

61-2, 74a-2, and 293c of Title 2, The Congress, amending section

1847 of Title 2, and enacting provisions set out as a note under

section 8339 of this title), and 216 (enacting provisions set out

as a note under section 60e-14 of Title 2) shall become effective

as of the beginning of the first pay period which began on or after

October 1, 1967.''

SHORT TITLE

Section 1 of Pub. L. 90-206 provided: ''That this Act (see Tables

for classification) may be cited as the 'Postal Revenue and Federal

Salary Act of 1967'.''

Section 201 of title II of Pub. L. 90-206 provided that: ''This

title (see Tables for classification) may be cited as the 'Federal

Salary Act of 1967'.''

ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1, 1972

Pub. L. 93-549, Dec. 26, 1974, 88 Stat. 1743, provided: ''That

notwithstanding the provisions of any other law or any regulation

issued thereunder, no officer or employee of the United States

shall have his pay reduced by reason of Executive Order 11777,

dated April 12, 1974, relating to the effective date of the 1972

Federal pay comparability adjustment.

''Sec. 2. The Civil Service Commission shall issue regulations

necessary to implement this Act.''

1970 INCREASE IN PAY RATES

Pub. L. 91-231, Apr. 15, 1970, 84 Stat. 195, provided that:

''Sec. 1. (Short Title). This Act may be cited as the 'Federal

Employees Salary Act of 1970'.''

''Sec. 2. (Adjustment of Pay Rates). (a) (1) The President shall

increase the rates of basic pay, basic compensation, and salaries

(as such rates were increased by Executive Order Numbered 11474,

dated June 16, 1969) (formerly set out as a note under this

section) contained in the schedules listed in paragraph (2) of this

subsection by amounts equal, as nearly as may be practicable and

with regard to maintaining approximately equal increments within

any grade, level, or class of any such schedule, to 6 percent.

''(2) The schedules referred to in paragraph (1) of this

subsection are as follows: the General Schedule contained in

section 5332(a) of title 5, United States Code (subsec. (a) of this

section); the Postal Field Service Schedule and the Rural Carrier

Schedule contained in sections 3542(a) and 3543(a), respectively,

of title 39, United States Code; the schedules relating to certain

positions within the Department of Medicine and Surgery of the

Veterans' Administration and contained in (former) section 4107 of

title 38, United States Code; and the Foreign Service schedules

contained in sections 412 and 415 of the Foreign Service Act of

1946 (sections 867 and 870, respectively, of Title 22, Foreign

Relations and Intercourse).

''(b) Rates of basic pay, basic compensation, and salaries of

officers and employees paid under the schedules referred to in

subsection (a) of this section shall be increased initially under

conversion rules prescribed by the President or by such agency as

the President may designate.

''(c) The increases made by the President under this section

shall have the force and effect of law and shall be printed in (1)

the Statutes at Large in the same volume as public laws, (2) the

Federal Register, and (3) the Code of Federal Regulations.

''Sec. 3. (Employees of ASCS County Committees, Legislative and

Judicial Branches; United States Attorneys: Salaries Fixed by

Administrative Action). (a) The rates of pay of personnel subject

to sections 210 and 214 of the Federal Salary Act of 1967 (81 Stat.

633, 635; Public Law 90-206) (which, respectively, were set out as

a note under section 590h of Title 16, Conservation, and amended

sections 60e-14, 60j, 61-1, 61-2, 74a-2, 84-1, 84-2, 293c, and 1847

of Title 2, The Congress, and sections 5533 and 8339 note of this

title), relating to Agricultural Stabilization and Conservation

County Committee employees and to certain employees of the

legislative branch of the Government, respectively, and any minimum

or maximum rate, limitation, or allowance applicable to any such

personnel, shall be adjusted, effective on the first day of the

first pay period which begins on or after December 27, 1969, by

amounts which are identical, insofar as practicable, to the amounts

of the adjustments under section 2 of this Act for corresponding

rates of pay for employees subject to the General Schedule, by the

following authorities -

''(1) the Secretary of Agriculture, with respect to individuals

employed by the county committees established under section

590h(b) of title 16;

''(2) the President pro tempore of the Senate, with respect to

the United States Senate;

''(3) the Finance Clerk of the House of Representatives, with

respect to the United States House of Representatives; and

''(4) the Architect of the Capitol, with respect to the Office

of the Architect of the Capitol.

The provisions of this section shall not be construed to allow

adjustments in the rates of pay of the following officers of the

United States House of Representatives: Parliamentarian, Chaplain,

Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor

Assistants to the Minority whose position titles formerly were

Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and

Minority Postmaster.

''(b) Notwithstanding section 665 of title 31 (sections 1341,

1342, and 1349-1351 and subchapter II of chapter 15 of Title 31,

Money and Finance), the rates of pay of employees in and under the

judicial branch of the Government, whose rates of pay are fixed by

administrative action pursuant to law and are not otherwise

adjusted under this section may be adjusted, effective on the first

day of the first pay period which begins on or after December 27,

1969, by amounts not to exceed the amounts of the adjustments under

section 2(a) of this Act for corresponding rates of pay. The

limitations fixed by law with respect to the aggregate salaries

payable to secretaries and law clerks of circuit and district

judges shall be adjusted, effective on the first day of the first

pay period which begins on or after the date on which adjustments

become effective under this section, by amounts not to exceed the

amounts of the adjustments under this section for corresponding

rates of pay.

''(c) The rates of pay of the United States attorneys and

assistant United States attorneys whose annual salaries are fixed

pursuant to section 548 of title 28, United States Code, shall be

increased, effective on the first day of the first pay period which

begins on or after December 27, 1969, by amounts equal, as nearly

as may be practicable, to the increases provided pursuant to

section 2 of this Act for corresponding rates of pay.

''(d) Notwithstanding section 665 of title 31 (sections 1341,

1342, and 1349-1351 and subchapter II of chapter 15 of Title 31,

Money and Finance), the rates of pay of employees of the Federal

Government and of the government of the District of Columbia whose

rates of pay are fixed by administrative action pursuant to law and

are not otherwise increased pursuant to this section are hereby

authorized to be increased, effective on the first day of the first

pay period which begins on or after December 27, 1969, by amounts

not to exceed the increases provided pursuant to section 2 of this

Act for corresponding rates of pay in the appropriate schedule or

scale of pay.

''Sec. 4. (Stop Increases; Administrative Action; Level V

Limitations). (a) An increase in pay, compensation, or salary which

becomes effective under section 2 of this Act is not an equivalent

increase in pay within the meaning of section 5335 of title 5,

United States Code, or section 3552 of title 39, United States

Code.

''(b) Nothing in this Act shall impair any authority pursuant to

which rates of pay, compensation, or salary may be fixed by

administrative action.

''(c) Notwithstanding any provisions other than section 6 of this

Act -

''(1) any officer or employee of the United States Government

receiving pay, compensation, or salary which is less than the

basic pay for level V of the Executive Schedule in section 5316

of title 5, United States Code, in effect on the date of

enactment of this Act (Apr. 15, 1970), shall not have his pay,

compensation, or salary increased, by reason of the enactment of

this Act, to a rate in excess of the basic pay for such level V;

and

''(2) any officer or employee of the United States Government

receiving pay, compensation, or salary equal to or in excess of

the basic pay for such level V shall not have his pay,

compensation, or salary increased.

''Sec. 5. (Retroactive Pay). (a) Retroactive pay, compensation,

or salary shall be paid by reason of this Act only in the case of

an individual in the service of the United States (including

service in the Armed Forces of the United States) or the municipal

government of the District of Columbia on the date of enactment of

this Act (Apr. 15, 1970), except that such retroactive pay,

compensation, or salary shall be paid -

''(1) to an officer or employee who retired, during the period

beginning on the first day of the first pay period which began on

or after December 27, 1969, and ending on the date of enactment

of this Act (Apr. 15, 1970), for services rendered during such

period; and

''(2) in accordance with subchapter VIII of chapter 55 of title

5, United States Code, relating to settlement of accounts, for

services rendered, during the period beginning on the first day

of the first pay period which began on or after December 27,

1969, and ending on the date of enactment of this Act (Apr. 15,

1970), by an officer or employee who died during such period.

Such retroactive pay, compensation, or salary shall not be

considered as basic pay for the purposes of subchapter III of

chapter 83 of title 5, United States Code, relating to civil

service retirement, or any other retirement law or retirement

system, in the case of any such retired or deceased officer or

employee.

''(b) For the purposes of this section, service in the Armed

Forces of the United States, in the case of an individual relieved

from training and service in the Armed Forces of the United States

or discharged from hospitalization following such training and

service, shall include the period provided by law for the mandatory

restoration of such individual to a position in or under the United

States Government or the municipal government of the District of

Columbia.

''Sec. 6. (District of Columbia Judges; Board of Tax Appeals).

(Section amended sections 11-702(d). 11-902 (d), and 47-2402 of the

District of Columbia Code and is therefore not set out herein.)

''Sec. 7. (Former Presidents' Staffs) (Section amended section

1(b) of Pub. L. 85-745, Aug. 25, 1958, 72 Stat. 838, as amended,

which is set out as a note under section 102 of Title 3, The

President. This section is therefore not set out herein.)

''Sec. 8. (Premium Pay). (Section amended section 5545(c)(2) of

this title, and is therefore not set out herein.)

''Sec. 9. (Effective Date). (a) Sections 1 to 6, inclusive, of

this Act shall become effective on the first day of the first pay

period which begins on or after December 27, 1969.

''(b) This section and sections 7 and 8 of this Act shall become

effective on the date of enactment of this Act (Apr. 15, 1970).

''(c) For purposes of determining the amount of insurance for

which an individual is eligible under chapter 87 of title 5, United

States Code, relating to group life insurance for Government

employees, all changes in rates of pay, compensation, and salary

which result from the enactment of this Act shall be held and

considered to become effective as of the date of such enactment

(Apr. 15, 1970).

''(d) Any deduction to be made as the result of the enactment of

this Act from the pay, compensation, or salary of an officer or

employee enrolled in a retirement system of the United States

Government, and the contribution of the agency employing the

officer or employee, shall be made at the rates of deductions and

contributions in effect for that system on the date of such

enactment (Apr. 15, 1970).''

INITIAL ADJUSTMENT OF 1967 PAY INCREASES

Section 202(b) of Pub. L. 90-206 provided that: ''Except as

provided in section 5303 of title 5, United States Code (section

5303 of this title), the rates of basic pay of officers and

employees to whom the General Schedule set forth in the amendment

made by subsection (a) of this section (amending this section)

applies shall be initially adjusted as of the effective date of

this section, as follows:

''(1) If the officer or employee is receiving basic pay

immediately prior to the effective date of this section (see

Effective Date of 1967 Amendment note under this section) at one

of the rates of a grade in the General Schedule, he shall receive

a rate of basic pay at the corresponding rate in effect on and

after such date.

''(2) If the officer or employee is receiving basic pay

immediately prior to the effective date of this section (see

Effective Date of 1967 Amendment note under this section) at a

rate between two rates of a grade in the General Schedule, he

shall receive a rate of basic pay at the higher of the two

corresponding rates in effect on and after such date.

''(3) If the officer or employee is receiving basic pay

immediately prior to the effective date of this section (see

Effective Date of 1967 Amendment note under this section) at a

rate in excess of the maximum rate for his grade, he shall

receive (A) the maximum rate for his grade in the new schedule,

or (B) his existing rate of basic pay increased by 4.5 per

centum, rounded to the next highest dollar, if such existing rate

as so increased is higher.

''(4) If the officer or employee, immediately prior to the

effective date of this section (see Effective Date of 1967

Amendment note under this section), is receiving, pursuant to

section 2(b)(4) of the Federal Employees Salary Increase Act of

1955, an existing aggregate rate of pay determined under section

208(b) of the Act of September 1, 1954, (68 Stat. 1111), plus

subsequent increases authorized by law, he shall receive an

aggregate rate of pay equal to the sum of his existing aggregate

rate of pay on the day preceding the effective date of this

section, plus the amount of increase made by this section in the

maximum rate of his grade, until (i) he leaves his position, or

(ii) he is entitled to receive aggregate pay at a higher rate by

reason of the operation of this Act or any other provision of

law; but, when such position becomes vacant, the aggregate rate

of pay of any subsequent appointee thereto shall be fixed in

accordance with applicable provisions of law. Subject to clauses

(i) and (ii) of the immediately preceding sentence of this

subparagraph, the amount of the increase provided by this section

shall be held and considered for the purposes of section 208(b)

of the Act of September 1, 1954, to constitute a part of the

existing rate of pay of the employee.

''(5) If the officer or employee, at any time during the period

beginning on the effective date of this section (see Effective

Date of 1967 Amendment note under this section), and ending on

the date of enactment of this title (Dec. 16, 1967), was promoted

from one grade under the General Schedule contained in section

5332(a) of title 5, United States Code (subsec. (a) of this

section) to another such grade at a rate which is above the

minimum rate thereof, his rate of basic pay shall be adjusted

retroactively from the effective date of this section to the date

on which he was so promoted, on the basis of the rate which he

was receiving during the period from such effective date to the

date of such promotion and, from the date of such promotion, on

the basis of the rate for that step of the appropriate grade of

the General Schedule contained in the amendment made by

subsection (a) of this section (amending the section) which

corresponds numerically to the step of the grade of the General

Schedule to which such officer or employee was promoted as in

effect (without regard to this title) at the time of such

promotion.

''(6) If the officer or employee, at any time during the period

beginning on the effective date of this section and ending on the

date of enactment of this title (Dec. 16, 1967) became subject to

the General Schedule and his rate of basic pay was set above the

minimum rate of the grade on the basis of a previously earned

rate above such minimum rate, his rate of basic pay shall be

adjusted retroactively to the date on which he became subject to

the General Schedule on the basis of the rate of the appropriate

grade of the General Schedule contained in this section which

corresponds numerically to the rate of the grade at which the pay

of such officer or employee was set at the time he became subject

to the General Schedule.''

Section 202(b) of Pub. L. 90-206 effective as of the beginning of

the first pay period which begins on or after Oct. 1, 1967, see

section 220(a)(2) of Pub. L. 90-206, set out as a note under this

section.

1967 SALARY INCREASE FOR PERSONS WHOSE COMPENSATION RATES ARE FIXED

BY ADMINISTRATIVE ACTION

Section 211(b)-(d) of Pub. L. 90-206 provided that:

''(b) Notwithstanding section 3679 of the Revised Statutes, as

amended (31 U.S.C. 665) (sections 1341, 1342, and 1349-1351 and

subchapter II of chapter 15 of Title 31, Money and Finance), the

rates of pay of officers and employees of the Federal Government

and of the municipal government of the District of Columbia whose

rates of pay are fixed by administrative action pursuant to law and

are not otherwise increased by this title are hereby authorized to

be increased, effective on the effective date of section 202 of

this title (see Effective Date of 1967 Amendment note under this

section), by amounts not to exceed the increases provided by this

title for corresponding rates of pay in the appropriate schedule or

scale of pay.

''(c) Nothing contained in this section shall be held or

considered to authorize any increase in the rates of pay of

officers and employees whose rates of pay are fixed and adjusted

from time to time as nearly as is consistent with the public

interest in accordance with prevailing rates or practices.

''(d) Nothing contained in this section shall affect the

authority contained in any law pursuant to which rates of pay may

be fixed by administrative action.''

Sections 211(b)-(d) of Pub. L. 90-206 effective as of the

beginning of the first pay period which begins on or after Oct. 1,

1967, see section 220(a)(2) of Pub. L. 90-206, set out as a note

under this section.

RETROACTIVE COMPENSATION UNDER 1967 PAY INCREASES

Section 218 of Pub. L. 90-206 provided that:

''(a) Retroactive pay, compensation, or salary shall be paid by

reason of this title only in the case of an individual in the

service of the United States (including service in the Armed Forces

of the United States) or the municipal government of the District

of Columbia on the date of enactment of this title (Dec. 16, 1967)

except that such retroactive pay, compensation, or salary shall be

paid -

''(1) to an officer or employee who retired, during the period

beginning on the first day of the first pay period which began on

or after October 1, 1967, and ending on the date of enactment of

this title (Dec. 16, 1967), for services rendered during such

period, and

''(2) in accordance with subchapter VIII of chapter 55 of title

5, United States Code, relating to settlement of accounts, for

services rendered, during the period beginning on the first day

of the first pay period which began on or after October 1, 1967,

and ending on the date of enactment of this title (Dec. 16,

1967), by an officer or employee who died during such period.

Such retroactive pay, compensation, or salary shall not be

considered as basic pay for the purposes of subchapter III of

chapter 83 of title 5, United States Code, relating to civil

service retirement, or any other retirement law or retirement

system, in the case of any such retired or deceased officer or

employee.

''(b) For the purposes of this section, service in the Armed

Forces of the United States, in the case of an individual relieved

from training and service in the Armed Forces of the United States

or discharged from hospitalization following such training and

service, shall include the period provided by law for the mandatory

restoration of such individual to a position in or under the

Federal Government or the municipal government of the District of

Columbia.''

Section 218 of Pub. L. 90-206 effective Dec. 16, 1967, see

section 220(a)(1) of Pub. L. 90-206, set out as a note under

section 3110 of this title.

-EXEC-

EXECUTIVE ORDER NO. 11413

Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided

for adjustment of pay rates effective July 1, 1968, was superseded

by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set

out below.

EXECUTIVE ORDER NO. 11474

Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided

for adjustment of pay rates effective July 1, 1969, was superseded

by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set

out below.

EXECUTIVE ORDER NO. 11524

Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided

for adjustment of pay rates effective first pay period on or after

Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974,

39 F.R. 36302, formerly set out below.

EXECUTIVE ORDER NO. 11576

Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for

adjustment of pay rates effective Jan. 1, 1971, was superseded by

Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out

below.

EXECUTIVE ORDER NO. 11637

Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided

for adjustment of pay rates effective Jan. 1, 1972, was superseded

by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set

out below.

EXECUTIVE ORDER NO. 11691

Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, as amended by

Ex. Ord. No. 11777, Apr. 12, 1974, 39 F.R. 13519, which provided

for adjustment of pay rates effective Oct. 1, 1972, was superseded

by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set

out below.

EXECUTIVE ORDER NO. 11739

Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided

for adjustment of pay rates effective Oct. 1, 1973, was superseded

by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set

out below.

EXECUTIVE ORDER NO. 11811

Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, which provided

for adjustment of pay rates effective Oct. 1, 1974, was superseded

by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set

out below.

EXECUTIVE ORDER NO. 11883

Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided

for adjustment of pay rates effective Oct. 1, 1975, was superseded

by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set

out below.

EXECUTIVE ORDER NO. 11941

Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by

Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided

for adjustment of pay rates effective Oct. 1, 1976, was superseded

by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set

out below.

EXECUTIVE ORDER NO. 12010

Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided

for adjustment of pay rates effective Oct. 1, 1977, was superseded

by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set

out below.

EXECUTIVE ORDER NO. 12087

Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided

for adjustment of pay rates effective Oct. 1, 1978, was superseded

by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set

out below.

EXECUTIVE ORDER NO. 12165

Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by

Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided

for adjustment of pay rates effective Oct. 1, 1979, was superseded

by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set

out below.

EXECUTIVE ORDER NO. 12248

Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided

for adjustment of pay rates effective Oct. 1, 1980, was superseded

by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set

out below.

EXECUTIVE ORDER NO. 12330

Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided

for adjustment of pay rates effective Oct. 1, 1981, was superseded

by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set

out below.

EXECUTIVE ORDER NO. 12387

Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided

for adjustment of pay rates effective Oct. 1, 1982, was superseded

by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by

Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041, formerly set out

below.

EXECUTIVE ORDER NO. 12456

Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex.

Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487,

Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay

rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496,

Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec.

30, 1985, 51 F.R. 577, formerly set out below.

EXECUTIVE ORDER NO. 12496

Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex.

Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for

adjustment of pay rates effective Jan. 1, 1985, was superseded by

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out

below.

EXECUTIVE ORDER NO. 12578

Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided

for adjustment of pay rates effective Jan. 1, 1987, was superseded

by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out

below.

EXECUTIVE ORDER NO. 12622

Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided

for adjustment of pay rates effective Jan. 1, 1988, was superseded

by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out

below.

EXECUTIVE ORDER NO. 12663

Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for

adjustment of pay rates effective Jan. 1, 1989, was superseded by

Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out

below.

EXECUTIVE ORDER NO. 12698

Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided

for adjustment of pay rates effective Jan. 1 and 31, 1990, was

superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385,

formerly set out below.

EXECUTIVE ORDER NO. 12736

Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided

for adjustment of pay rates effective Jan. 1, 1991, was superseded

by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set

out below.

EXECUTIVE ORDER NO. 12786

Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided

for adjustment of pay rates effective Jan. 1, 1992, was superseded

by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set

out below.

EXECUTIVE ORDER NO. 12826

Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, as amended by

Ex. Ord. No. 12886, Sec. 3, Dec. 23, 1993, 58 F.R. 68709, which

provided for adjustment of pay rates effective Jan. 1, 1993, was

superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309,

formerly set out below.

EXECUTIVE ORDER NO. 12886

Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, which provided

for adjustment of pay rates for the uniformed services effective

Jan. 1, 1994, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994,

60 F.R. 309, formerly set out below.

EXECUTIVE ORDER NO. 12944

Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided

for adjustment of pay rates effective Jan. 1, 1995, was superseded

by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out

below.

EXECUTIVE ORDER NO. 12984

Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, as amended by Ex.

Ord. No. 12990, Sec. 3, Feb. 29, 1996, 61 F.R. 8467, which provided

for adjustment of pay rates effective Jan. 1, 1996, was superseded

by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set

out below.

EXECUTIVE ORDER NO. 12990

Ex. Ord. No. 12990, Feb. 29, 1996, 61 F.R. 8467, which provided

for adjustment of pay rates for the uniformed services effective

Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996,

61 F.R. 68987, formerly set out below.

EXECUTIVE ORDER NO. 13033

Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided

for adjustment of pay rates effective Jan. 1, 1997, was superseded

by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set

out below.

EXECUTIVE ORDER NO. 13071

Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided

for adjustment of pay rates effective Jan. 1, 1998, was superseded

by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set

out below.

EXECUTIVE ORDER NO. 13106

Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, as amended by

Ex. Ord. No. 13144, Sec. 8, Dec. 21, 1999, 64 F.R. 72238, provided

for adjustment of pay rates effective Jan. 1, 1999, and amendment

of Ex. Ord. No. 12748 (5 U.S.C. 5301 note).

EXECUTIVE ORDER NO. 13144

Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which provided

for adjustment of pay rates effective Jan. 1, 2000, was superseded

by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, formerly set

out below.

EXECUTIVE ORDER NO. 13182

Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057,

which provided for adjustment of pay rates effective Jan. 1, 2001,

was superseded by Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639,

formerly set out below.

EXECUTIVE ORDER NO. 13249

Ex. Ord. No. 13249, Dec. 28, 2001, 67 F.R. 639, which provided

for adjustment of pay rates effective Jan. 1, 2002, was superseded

by Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended, set

out below.

EX. ORD. NO. 13282. ADJUSTMENTS OF CERTAIN RATES OF PAY

Ex. Ord. No. 13282, Dec. 31, 2002, 68 F.R. 1133, as amended by

Ex. Ord. No. 13291, Mar. 21, 2003, 68 F.R. 14525, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the laws

cited herein, it is hereby ordered as follows:

Section 1. Statutory Pay Systems. The rates of basic pay or

salaries of the statutory pay systems (as defined in 5 U.S.C.

5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the

schedules attached hereto and made a part hereof:

(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;

(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2;

and

(c) The schedules for the Veterans Health Administration of the

Department of Veterans Affairs (38 U.S.C. 7306, 7404; section

301(a) of Public Law 102-40 (enacting provisions set out as a note

under section 7451 of Title 38, Veterans' Benefits)) at Schedule 3.

Sec. 2. Senior Executive Service. The rates of basic pay for

senior executives in the Senior Executive Service, as adjusted

under 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto

and made a part hereof.

Sec. 3. Executive Salaries. The rates of basic pay or salaries

for the following offices and positions are set forth on the

schedules attached hereto and made a part hereof:

(a) The Executive Schedule (5 U.S.C. 5311-5318) at Schedule 5;

(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C.

31) at Schedule 6; and

(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and

461(a), section 140 of Public Law 97-92 (enacting provisions set

out as a note under section 461 of Title 28, Judiciary and Judicial

Procedure), and Public Law 108-6 (enacting provisions set out as a

note under section 461 of Title 28)) at Schedule 7.

Sec. 4. Uniformed Services. Pursuant to section 601(a)-(b) of

Public Law 107-314 (enacting provisions set out as a note under

section 1009 of Title 37, Pay and Allowances of the Uniformed

Services), the rates of monthly basic pay (37 U.S.C. 203(a)) for

members of the uniformed services and the rate of monthly cadet or

midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8

attached hereto and made a part hereof.

Sec. 5. Locality-Based Comparability Payments.

(a) Pursuant to section 5304 of title 5, United States Code, and

in accordance with section 637 of Division J of Public Law 108-7

(enacting provisions set out as a note under section 5303 of this

title), locality-based comparability payments shall be paid in

accordance with Schedule 9 attached hereto and made a part hereof.

(b) The Director of the Office of Personnel Management shall take

such actions as may be necessary to implement these payments and to

publish appropriate notice of such payments in the Federal

Register.

Sec. 6. Administrative Law Judges. The rates of basic pay for

administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4),

are set forth on Schedule 10 attached hereto and made a part

hereof.

Sec. 7. Effective Dates. Schedule 8 is effective on January 1,

2003. The other schedules contained herein are effective on the

first day of the first applicable pay period beginning on or after

January 1, 2003.

Sec. 8. Prior Order Superseded. Executive Order 13249 of December

28, 2001, is superseded. George W. Bush.

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

Schedule 1

General Schedule

(Effective on the first day of the first applicable pay period

beginning on or after January 1, 2003)

GS-1

: $15,214

1: $15,722

2: $16,228

3: $16,731

4: $17,238

5: $17,536

6: $18,034

7: $18,538

8: $18,559

9: $19,031

GS-2

: 17,106

1: 17,512

2: 18,079

3: 18,559

4: 18,767

5: 19,319

6: 19,871

7: 20,423

8: 20,975

9: 21,527

GS-3

: 18,664

1: 19,286

2: 19,908

3: 20,530

4: 21,152

5: 21,774

6: 22,396

7: 23,018

8: 23,640

9: 24,262

GS-4

: 20,952

1: 21,650

2: 22,348

3: 23,046

4: 23,744

5: 24,442

6: 25,140

7: 25,838

8: 26,536

9: 27,234

GS-5

: 23,442

1: 24,223

2: 25,004

3: 25,785

4: 26,566

5: 27,347

6: 28,128

7: 28,909

8: 29,690

9: 30,471

GS-6

: 26,130

1: 27,001

2: 27,872

3: 28,743

4: 29,614

5: 30,485

6: 31,356

7: 32,227

8: 33,098

9: 33,969

GS-7

: 29,037

1: 30,005

2: 30,973

3: 31,941

4: 32,909

5: 33,877

6: 34,845

7: 35,813

8: 36,781

9: 37,749

GS-8

: 32,158

1: 33,230

2: 34,302

3: 35,374

4: 36,446

5: 37,518

6: 38,590

7: 39,662

8: 40,734

9: 41,806

GS-9

: 35,519

1: 36,703

2: 37,887

3: 39,071

4: 40,255

5: 41,439

6: 42,623

7: 43,807

8: 44,991

9: 46,175

GS-10

: 39,115

1: 40,419

2: 41,723

3: 43,027

4: 44,331

5: 45,635

6: 46,939

7: 48,243

8: 49,547

9: 50,851

GS-11

: 42,976

1: 44,409

2: 45,842

3: 47,275

4: 48,708

5: 50,141

6: 51,574

7: 53,007

8: 54,440

9: 55,873

GS-12

: 51,508

1: 53,225

2: 54,942

3: 56,659

4: 58,376

5: 60,093

6: 61,810

7: 63,527

8: 65,244

9: 66,961

GS-13

: 61,251

1: 63,293

2: 65,335

3: 67,377

4: 69,419

5: 71,461

6: 73,503

7: 75,545

8: 77,587

9: 79,629

GS-14

: 72,381

1: 74,794

2: 77,207

3: 79,620

4: 82,033

5: 84,446

6: 86,859

7: 89,272

8: 91,685

9: 94,098

GS-15

: 85,140

1: 87,978

2: 90,816

3: 93,654

4: 96,492

5: 99,330

6: 102,168

7: 105,006

8: 107,844

9: 110,682

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

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

Schedule 2

Foreign Service Schedule

(Effective on the first day of the first applicable pay period

beginning on or after January 1, 2003)

1

Step: $85,140

Class 1: $68,988

Class 2: $55,901

Class 3: $45,296

Class 4: $36,703

Class 5: $32,811

Class 6: $29,332

Class 7: $26,222

Class 8: $23,442

2

Step: 87,694

Class 1: 71,058

Class 2: 57,578

Class 3: 46,655

Class 4: 37,804

Class 5: 33,795

Class 6: 30,212

Class 7: 27,009

Class 8: 24,145

3

Step: 90,325

Class 1: 73,189

Class 2: 59,305

Class 3: 48,055

Class 4: 38,938

Class 5: 34,809

Class 6: 31,118

Class 7: 27,819

Class 8: 24,870

4

Step: 93,035

Class 1: 75,385

Class 2: 61,085

Class 3: 49,496

Class 4: 40,106

Class 5: 35,853

Class 6: 32,052

Class 7: 28,653

Class 8: 25,616

5

Step: 95,826

Class 1: 77,647

Class 2: 62,917

Class 3: 50,981

Class 4: 41,310

Class 5: 36,929

Class 6: 33,013

Class 7: 29,513

Class 8: 26,384

6

Step: 98,701

Class 1: 79,976

Class 2: 64,805

Class 3: 52,510

Class 4: 42,549

Class 5: 38,037

Class 6: 34,004

Class 7: 30,398

Class 8: 27,176

7

Step: 101,662

Class 1: 82,375

Class 2: 66,749

Class 3: 54,086

Class 4: 43,825

Class 5: 39,178

Class 6: 35,024

Class 7: 31,310

Class 8: 27,991

8

Step: 104,711

Class 1: 84,847

Class 2: 68,751

Class 3: 55,708

Class 4: 45,140

Class 5: 40,353

Class 6: 36,075

Class 7: 32,250

Class 8: 28,831

9

Step: 107,853

Class 1: 87,392

Class 2: 70,814

Class 3: 57,380

Class 4: 46,494

Class 5: 41,564

Class 6: 37,157

Class 7: 33,217

Class 8: 29,696

10

Step: 110,682

Class 1: 90,014

Class 2: 72,938

Class 3: 59,101

Class 4: 47,889

Class 5: 42,811

Class 6: 38,272

Class 7: 34,214

Class 8: 30,586

11

Step: 110,682

Class 1: 92,714

Class 2: 75,126

Class 3: 60,874

Class 4: 49,326

Class 5: 44,095

Class 6: 39,420

Class 7: 35,240

Class 8: 31,504

12

Step: 110,682

Class 1: 95,496

Class 2: 77,380

Class 3: 62,700

Class 4: 50,806

Class 5: 45,418

Class 6: 40,602

Class 7: 36,297

Class 8: 32,449

13

Step: 110,682

Class 1: 98,360

Class 2: 79,701

Class 3: 64,581

Class 4: 52,330

Class 5: 46,781

Class 6: 41,820

Class 7: 37,386

Class 8: 33,423

14

Step: 110,682

Class 1: 101,311

Class 2: 82,093

Class 3: 66,519

Class 4: 53,900

Class 5: 48,184

Class 6: 43,075

Class 7: 38,508

Class 8: 34,425

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

Schedule 3

Veterans Health Administration Schedules, Department of Veterans

Affairs

(Effective on the first day of the first applicable pay period

beginning on or after January 1, 2003)

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

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

Deputy Under (FOOTNOTE 2)

Secretary for $144,591

Health

Associate Deputy (FOOTNOTE 3)

Under Secretary for 138,491

Health

Assistant Under (FOOTNOTE 3)

Secretaries for 134,408

Health

Minimum Maximum

Medical Directors $114,678 (FOOTNOTE 3)

$129,972

Service Directors 99,853 124,011

Director, National 85,140 124,011

Center for

Preventive Health

Physician and

Dentist Schedule

Director Grade $99,853 $124,011

Executive Grade 92,204 117,511

Chief Grade 85,140 110,682

Senior Grade 72,381 94,098

Intermediate Grade 61,251 79,629

Full Grade 51,508 66,961

Associate Grade 42,976 55,873

Clinical Podiatrist

and Optometrist

Schedule

Chief Grade $85,140 $110,682

Senior Grade 72,381 94,098

Intermediate Grade 61,251 79,629

Full Grade 51,508 66,961

Associate Grade 42,976 55,873

Physician Assistant

and Expanded-

Function Dental

Auxiliary Schedule

(FOOTNOTE 4)

Director Grade $85,140 $110,682

Assistant Director 72,381 94,098

Grade

Chief Grade 61,251 79,629

Senior Grade 51,508 66,961

Intermediate Grade 42,976 55,873

Full Grade 35,519 46,175

Associate Grade 30,565 39,736

Junior Grade 26,130 33,969

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

(FOOTNOTE 1) This schedule does not apply to the Assistant Under

Secretary for Nursing Programs or the Director of Nursing Services.

Pay for these positions is set by the Under Secretary for Health

under 38 U.S.C. 7451.

(FOOTNOTE 2) Pursuant to section 7404(d)(1) of title 38, United

States Code, the rate of basic pay payable to this employee is

limited to the rate for level IV of the Executive Schedule, which

is $134,000.

(FOOTNOTE 3) Pursuant to section 7404(d)(2) of title 38, United

States Code, the rate of basic pay payable to these employees is

limited to the rate for level V of the Executive Schedule, which is

$125,400.

(FOOTNOTE 4) Pursuant to section 301(a) of Public Law 102-40,

these positions are paid according to the Nurse Schedule in 38

U.S.C. 4107(b) (former section 4107(b) of Title 38, Veterans'

Benefits) as in effect on August 14, 1990, with subsequent

adjustments.

SCHEDULE 4

SENIOR EXECUTIVE SERVICE

(EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD

BEGINNING ON OR AFTER JANUARY 1, 2003)

ES-1 $116,500

ES-2 122,000

ES-3 127,500

ES-4 133,800

ES-5 134,000

ES-6 134,000

SCHEDULE 5

EXECUTIVE SCHEDULE

(EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD

BEGINNING ON OR AFTER JANUARY 1, 2003)

level I $171,900

level II 154,700

level III 142,500

level IV 134,000

level V 125,400

SCHEDULE 6

VICE PRESIDENT AND MEMBERS OF CONGRESS

(EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD

BEGINNING ON OR AFTER JANUARY 1, 2003)

Vice President $198,600

Senators 154,700

Members of the House of Representatives 154,700

Delegates to the House of Representatives 154,700

Resident Commissioner from Puerto Rico 154,700

President pro tempore of the Senate 171,900

Majority leader and minority leader of the Senate 171,900

Majority leader and minority leader of the House of Representatives

171,900

Speaker of the House of Representatives 198,600

SCHEDULE 7

JUDICIAL SALARIES

(EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD

BEGINNING ON OR AFTER JANUARY 1, 2003)

Chief Justice of the United States $198,600

Associate Justices of the Supreme Court 190,100

Circuit Judges 164,000

District Judges 154,700

Judges of the Court of International Trade 154,700

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

Schedule 8

Pay of the Uniformed Services

(Effective on January 1, 2003)

part i - monthly basic pay

Years of Service (computed under 37 U.S.C. 205)

Commissioned Officers

O-10 (FOOTNOTE 1)

Pay Grade:

2 or less:

Over 2:

Over 3:

Over 4:

O-9

Pay Grade:

2 or less:

Over 2:

Over 3:

Over 4:

O-8

Pay Grade: $7,474.50

2 or less: $7,719.30

Over 2: $7,881.60

Over 3: $7,927.20

Over 4: $8,129.40

O-7

Pay Grade: 6,210.90

2 or less: 6,499.20

Over 2: 6,633.00

Over 3: 6,739.20

Over 4: 6,930.90

O-6

Pay Grade: 4,603.20

2 or less: 5,057.10

Over 2: 5,388.90

Over 3: 5,388.90

Over 4: 5,409.60

O-5

Pay Grade: 3,837.60

2 or less: 4,323.00

Over 2: 4,622.40

Over 3: 4,678.50

Over 4: 4,864.80

O-4

Pay Grade: 3,311.10

2 or less: 3,832.80

Over 2: 4,088.70

Over 3: 4,145.70

Over 4: 4,383.00

O-3 (FOOTNOTE 2)

Pay Grade: 2,911.20

2 or less: 3,300.30

Over 2: 3,562.20

Over 3: 3,883.50

Over 4: 4,069.50

O-2 (FOOTNOTE 2)

Pay Grade: 2,515.20

2 or less: 2,864.70

Over 2: 3,299.40

Over 3: 3,410.70

Over 4: 3,481.20

O-1 (FOOTNOTE 2)

Pay Grade: 2,183.70

2 or less: 2,272.50

Over 2: 2,746.80

Over 3: 2,746.80

Over 4: 2,746.80

---------

---------

O-10 (FOOTNOTE 1)

Over 8:

Over 10:

Over 12:

Over 14:

Over 16:

O-9

Over 8:

Over 10:

Over 12:

Over 14:

Over 16:

O-8

Over 8: $8,468.70

Over 10: $8,547.30

Over 12: $8,868.90

Over 14: $8,961.30

Over 16: $9,238.20

O-7

Over 8: 7,120.80

Over 10: 7,340.40

Over 12: 7,559.40

Over 14: 7,779.00

Over 16: 8,468.70

O-6

Over 8: 5,641.20

Over 10: 5,672.10

Over 12: 5,672.10

Over 14: 5,994.60

Over 16: 6,564.30

O-5

Over 8: 4,977.00

Over 10: 5,222.70

Over 12: 5,403.00

Over 14: 5,635.50

Over 16: 5,991.90

O-4

Over 8: 4,637.70

Over 10: 4,954.50

Over 12: 5,201.40

Over 14: 5,372.70

Over 16: 5,471.10

O-3 (FOOTNOTE 2)

Over 8: 4,273.50

Over 10: 4,405.80

Over 12: 4,623.30

Over 14: 4,736.10

Over 16: 4,736.10

O-2 (FOOTNOTE 2)

Over 8: 3,481.20

Over 10: 3,481.20

Over 12: 3,481.20

Over 14: 3,481.20

Over 16: 3,481.20

O-1 (FOOTNOTE 2)

Over 8: 2,746.80

Over 10: 2,746.80

Over 12: 2,746.80

Over 14: 2,746.80

Over 16: 2,746.80

---------

---------

O-10 (FOOTNOTE 1)

Over 18:

Over 20: *$12,077.70

Over 22: *$12,137.10

Over 24: *$12,389.40

Over 26: *$12,829.20

O-9

Over 18:

Over 20: 10,563.60

Over 22: 10,715.70

Over 24: 10,935.60

Over 26: 11,319.60

O-8

Over 18: $9,639.00

Over 20: 10,008.90

Over 22: 10,255.80

Over 24: 10,255.80

Over 26: 10,255.80

O-7

Over 18: 9,051.30

Over 20: 9,051.30

Over 22: 9,051.30

Over 24: 9,051.30

Over 26: 9,096.90

O-6

Over 18: 6,898.80

Over 20: 7,233.30

Over 22: 7,423.50

Over 24: 7,616.10

Over 26: 7,989.90

O-5

Over 18: 6,161.70

Over 20: 6,329.10

Over 22: 6,519.60

Over 24: 6,519.60

Over 26: 6,519.60

O-4

Over 18: 5,528.40

Over 20: 5,528.40

Over 22: 5,528.40

Over 24: 5,528.40

Over 26: 5,528.40

O-3 (FOOTNOTE 2)

Over 18: 4,736.10

Over 20: 4,736.10

Over 22: 4,736.10

Over 24: 4,736.10

Over 26: 4,736.10

O-2 (FOOTNOTE 2)

Over 18: 3,481.20

Over 20: 3,481.20

Over 22: 3,481.20

Over 24: 3,481.20

Over 26: 3,481.20

O-1 (FOOTNOTE 2)

Over 18: 2,746.80

Over 20: 2,746.80

Over 22: 2,746.80

Over 24: 2,746.80

Over 26: 2,746.80

(FOOTNOTE 1) For officers serving as Chairman or Vice Chairman

of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of

Naval Operations, Chief of Staff of the Air Force, Commandant of

the Marine Corps, or Commandant of the Coast Guard, basic pay for

this grade is calculated to be $14,155.50 per month, regardless of

cumulative years of service computed under section 205 of title 37,

United States Code. Nevertheless, actual basic pay for these

officers is limited to the rate of basic pay for level III of the

Executive Schedule, which is $11,874.90 per month.

(FOOTNOTE 2) Does not apply to commissioned officers who have

been credited with over 4 years of active duty service as an

enlisted member or warrant officer.

* Basic pay for these officers is limited to the rate of basic

pay for level III of the Executive Schedule, which is $11,874.90

per month.

per month.

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

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

COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE DUTY SERVICE AS AN

ENLISTED MEMBER OR WARRANT OFFICER

Pay Grade

O-3E

Over 4: $3,883.50

Over 6: $4,069.50

Over 8: $4,273.50

Over 10: $4,405.80

O-2E

Over 4: 3,410.70

Over 6: 3,481.20

Over 8: 3,591.90

Over 10: 3,778.80

O-1E

Over 4: 2,746.80

Over 6: 2,933.70

Over 8: 3,042.00

Over 10: 3,152.70

---------

---------

O-3E

Over 12: $4,623.30

Over 14: $4,806.30

Over 16: $4,911.00

Over 18: $5,054.40

O-2E

Over 12: 3,923.40

Over 14: 4,031.10

Over 16: 4,031.10

Over 18: 4,031.10

O-1E

Over 12: 3,261.60

Over 14: 3,410.70

Over 16: 3,410.70

Over 18: 3,410.70

---------

---------

O-3E

Over 20: $5,054.40

Over 22: $5,054.40

Over 24: $5,054.40

Over 26: $5,054.40

O-2E

Over 20: 4,031.10

Over 22: 4,031.10

Over 24: 4,031.10

Over 26: 4,031.10

O-1E

Over 20: 3,410.70

Over 22: 3,410.70

Over 24: 3,410.70

Over 26: 3,410.70

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

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

WARRANT OFFICERS

Pay Grade

W-5

2 or less:

Over 2:

Over 3:

Over 4:

Over 6:

W-4

2 or less: $3,008.10

Over 2: $3,236.10

Over 3: $3,329.10

Over 4: $3,420.60

Over 6: $3,578.10

W-3

2 or less: 2,747.10

Over 2: 2,862.00

Over 3: 2,979.30

Over 4: 3,017.70

Over 6: 3,141.00

W-2

2 or less: 2,416.50

Over 2: 2,554.50

Over 3: 2,675.10

Over 4: 2,763.00

Over 6: 2,838.30

W-1

2 or less: 2,133.90

Over 2: 2,308.50

Over 3: 2,425.50

Over 4: 2,501.10

Over 6: 2,662.50

---------

---------

W-5

Over 8:

Over 10:

Over 12:

Over 14:

Over 16:

W-4

Over 8: $3,733.50

Over 10: $3,891.00

Over 12: $4,044.60

Over 14: $4,203.60

Over 16: $4,356.00

W-3

Over 8: 3,281.70

Over 10: 3,467.40

Over 12: 3,580.50

Over 14: 3,771.90

Over 16: 3,915.60

W-2

Over 8: 2,993.10

Over 10: 3,148.50

Over 12: 3,264.00

Over 14: 3,376.50

Over 16: 3,453.90

W-1

Over 8: 2,782.20

Over 10: 2,888.40

Over 12: 3,006.90

Over 14: 3,085.20

Over 16: 3,203.40

---------

---------

W-5

Over 18:

Over 20: $5,169.30

Over 22: $5,346.60

Over 24: $5,524.50

Over 26: $5,703.30

W-4

Over 18: $4,512.00

Over 20: 4,664.40

Over 22: 4,822.50

Over 24: 4,978.20

Over 26: 5,137.50

W-3

Over 18: 4,058.40

Over 20: 4,201.50

Over 22: 4,266.30

Over 24: 4,407.00

Over 26: 4,548.00

W-2

Over 18: 3,579.90

Over 20: 3,705.90

Over 22: 3,831.00

Over 24: 3,957.30

Over 26: 3,957.30

W-1

Over 18: 3,320.70

Over 20: 3,409.50

Over 22: 3,409.50

Over 24: 3,409.50

Over 26: 3,409.50

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

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

ENLISTED MEMBERS

Pay Grade

E-9 (FOOTNOTE 1)

2 or less:

Over 2:

Over 3:

Over 4:

Over 6:

E-8

2 or less:

Over 2:

Over 3:

Over 4:

Over 6:

E-7

2 or less: $2,068.50

Over 2: $2,257.80

Over 3: $2,343.90

Over 4: $2,428.20

Over 6: $2,516.40

E-6

2 or less: 1,770.60

Over 2: 1,947.60

Over 3: 2,033.70

Over 4: 2,117.10

Over 6: 2,204.10

E-5

2 or less: 1,625.40

Over 2: 1,733.70

Over 3: 1,817.40

Over 4: 1,903.50

Over 6: 2,037.00

E-4

2 or less: 1,502.70

Over 2: 1,579.80

Over 3: 1,665.30

Over 4: 1,749.30

Over 6: 1,824.00

E-3

2 or less: 1,356.90

Over 2: 1,442.10

Over 3: 1,528.80

Over 4: 1,528.80

Over 6: 1,528.80

E-2

2 or less: 1,290.00

Over 2: 1,290.00

Over 3: 1,290.00

Over 4: 1,290.00

Over 6: 1,290.00

E-1 (FOOTNOTE 2)

2 or less: 1,150.80

Over 2: 1,150.80

Over 3: 1,150.80

Over 4: 1,150.80

Over 6: 1,150.80

E-1 (FOOTNOTE 3)

2 or less: 1,064.70

Over 2:

Over 3:

Over 4:

Over 6:

---------

---------

E-9 (FOOTNOTE 1)

Over 8:

Over 10: $3,564.30

Over 12: $3,645.00

Over 14: $3,747.00

Over 16: $3,867.00

E-8

Over 8: $2,975.40

Over 10: 3,061.20

Over 12: 3,141.30

Over 14: 3,237.60

Over 16: 3,342.00

E-7

Over 8: 2,667.90

Over 10: 2,753.40

Over 12: 2,838.30

Over 14: 2,990.40

Over 16: 3,066.30

E-6

Over 8: 2,400.90

Over 10: 2,477.40

Over 12: 2,562.30

Over 14: 2,636.70

Over 16: 2,663.10

E-5

Over 8: 2,151.90

Over 10: 2,236.80

Over 12: 2,283.30

Over 14: 2,283.30

Over 16: 2,283.30

E-4

Over 8: 1,824.00

Over 10: 1,824.00

Over 12: 1,824.00

Over 14: 1,824.00

Over 16: 1,824.00

E-3

Over 8: 1,528.80

Over 10: 1,528.80

Over 12: 1,528.80

Over 14: 1,528.80

Over 16: 1,528.80

E-2

Over 8: 1,290.00

Over 10: 1,290.00

Over 12: 1,290.00

Over 14: 1,290.00

Over 16: 1,290.00

E-1 (FOOTNOTE 2)

Over 8: 1,150.80

Over 10: 1,150.80

Over 12: 1,150.80

Over 14: 1,150.80

Over 16: 1,150.80

E-1 (FOOTNOTE 3)

Over 8:

Over 10:

Over 12:

Over 14:

Over 16:

---------

---------

E-9 (FOOTNOTE 1)

Over 18: $3,987.30

Over 20: $4,180.80

Over 22: $4,344.30

Over 24: $4,506.30

Over 26: $4,757.40

E-8

Over 18: 3,530.10

Over 20: 3,625.50

Over 22: 3,787.50

Over 24: 3,877.50

Over 26: 4,099.20

E-7

Over 18: 3,138.60

Over 20: 3,182.70

Over 22: 3,331.50

Over 24: 3,427.80

Over 26: 3,671.40

E-6

Over 18: 2,709.60

Over 20: 2,709.60

Over 22: 2,709.60

Over 24: 2,709.60

Over 26: 2,709.60

E-5

Over 18: 2,283.30

Over 20: 2,283.30

Over 22: 2,283.30

Over 24: 2,283.30

Over 26: 2,283.30

E-4

Over 18: 1,824.00

Over 20: 1,824.00

Over 22: 1,824.00

Over 24: 1,824.00

Over 26: 1,824.00

E-3

Over 18: 1,528.80

Over 20: 1,528.80

Over 22: 1,528.80

Over 24: 1,528.80

Over 26: 1,528.80

E-2

Over 18: 1,290.00

Over 20: 1,290.00

Over 22: 1,290.00

Over 24: 1,290.00

Over 26: 1,290.00

E-1 (FOOTNOTE 2)

Over 18: 1,150.80

Over 20: 1,150.80

Over 22: 1,150.80

Over 24: 1,150.80

Over 26: 1,150.80

E-1 (FOOTNOTE 3)

Over 18:

Over 20:

Over 22:

Over 24:

Over 26:

(FOOTNOTE 1) For noncommissioned officers serving as Sergeant

Major of the Army, Master Chief Petty Officer of the Navy or Coast

Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of

the Marine Corps, basic pay for this grade is $5,732.70 per month,

regardless of cumulative years of service under section 205 of

title 37, United States Code.

(FOOTNOTE 2) Applies to personnel who have served 4 months or

more on active duty.

(FOOTNOTE 3) Applies to personnel who have served less than 4

months on active duty.

months on active duty.

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

PART II - RATE OF MONTHLY CADET OR MIDSHIPMAN PAY

The rate of monthly cadet or midshipman pay authorized by section

203(c) of title 37, United States Code, is $764.40.

Note: As a result of the enactment of sections 602-694 (604) of

Public Law 105-85 (see Tables for classification), the National

Defense Authorization Act for Fiscal Year 1998, the Secretary of

Defense now has the authority to adjust the rates of basic

allowances for subsistence and housing. Therefore, these

allowances are no longer adjusted by the President in conjunction

with the adjustment of basic pay for members of the uniformed

services. Accordingly, the tables of allowances included in

previous orders are not included here.

Schedule 9

Locality-Based Comparability Payments

(Effective on the first day of the first applicable pay period

beginning on or after January 1, 2003)

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

Locality Pay Area (FOOTNOTE 1) Rate

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

Atlanta, GA 10.85%

Boston-Worcester-Lawrence, MA-NH- 15.00%

ME-CT-RI

Chicago-Gary-Kenosha, IL-IN-WI 16.15%

Cincinnati-Hamilton, OH-KY-IN 13.44%

Cleveland-Akron, OH 11.50%

Columbus, OH 11.78%

Dallas-Fort Worth, TX 12.10%

Dayton-Springfield, OH 10.67%

Denver-Boulder-Greeley, CO 14.77%

Detroit-Ann Arbor-Flint, MI 16.27%

Hartford, CT 15.56%

Houston-Galveston-Brazoria, TX 20.53%

Huntsville, AL 10.06%

Indianapolis, IN 9.83%

Kansas City, MO-KS 10.26%

Los Angeles-Riverside-Orange 17.71%

County, CA

Miami-Fort Lauderdale, FL 13.81%

Milwaukee-Racine, WI 11.20%

Minneapolis-St. Paul, MN-WI 12.84%

New York-Northern New Jersey-Long 16.83%

Island, NY-NJ-CT-PA

Orlando, FL 9.65%

Philadelphia-Wilmington-Atlantic 13.43%

City, PA-NJ-DE-MD

Pittsburgh, PA 10.52%

Portland-Salem, OR-WA 12.97%

Richmond-Petersburg, VA 10.75%

Sacramento-Yolo, CA 13.29%

St. Louis, MO-IL 9.99%

San Diego, CA 14.07%

San Francisco-Oakland-San Jose, 21.08%

CA

Seattle-Tacoma-Bremerton, WA 13.11%

Washington-Baltimore, DC-MD-VA-WV 12.74%

Rest of U.S. 9.62%

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

(FOOTNOTE 1) Locality Pay Areas are defined in 5 CFR 531.603.

SCHEDULE 10

ADMINISTRATIVE LAW JUDGES

(EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD

BEGINNING ON OR AFTER JANUARY 1, 2003)

AL-3/A $89,200

AL-3/B 96,000

AL-3/C 102,900

AL-3/D 109,800

AL-3/E 116,600

AL-3/F 123,400

AL-2 130,400

AL-1 134,000

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 595, 3109, 3161, 5374,

5948, 6301, 8141, 8143 of this title; title 2 sections 60a-1,

60a-2, 166, 353, 437c, 476, 601, 1107, 1108; title 3 sections 105,

106, 107, 113, 114; title 7 sections 16, 1505, 1765a, 3127; title 8

sections 1324b, 1711; title 10 sections 1482a, 1504, 2195; title 12

sections 634, 636, 2405, 3013; title 15 sections 205h, 205i, 278,

1275, 2218, 2412, 2451, 4102; title 16 sections 79l, 469j, 470m,

825q-1, 1401, 1403; title 17 section 701; title 18 sections 207,

3153, 4202, 4204, 4351, 4352; title 19 sections 1331, 2171; title

20 sections 80q-10, 955, 957, 1102, 1505, 2011, 2012, 3413, 3462,

4512, 4513, 4710, 5608, 9105; title 21 sections 113a, 376, 379h,

379j; title 22 sections 290n-3, 1469, 1622d, 2385, 2386, 2456,

2511, 2512, 2669, 2903, 2905, 3507, 3508, 3963, 4110, 4135, 4155,

4356, 4605; title 25 section 2707; title 28 sections 530C, 548,

602, 625; title 29 sections 183, 656, 661, 676; title 30 sections

812, 1229, 1315; title 31 section 731; title 32 section 509; title

33 sections 1320, 1325, 1374; title 37 section 1009; title 38

section 7455; title 41 section 351; title 42 sections 242q-1, 294o,

300j-10, 1320a-1, 1320c-2, 1395oo, 1395ww, 1873, 1962a-4, 1962b-4,

1975b, 3788, 4365, 4372, 4845, 5055, 5841, 6614, 6616, 6632, 7211,

7213, 7231, 7233, 8103, 10248, 11221, 12374, 12651f; title 44

sections 2706, 3319; title 46 sections 4508, 9307, 70112; title 50

sections 405, 2051; title 50 App. section 1989b-5.

-CITE-

5 USC Sec. 5333 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5333. Minimum rate for new appointments

-STATUTE-

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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90-83, Sec.

1(19), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, title IX, Sec.

906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec.

2(a)(26)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 101-509, title V,

Sec. 529 (title I, Sec. 106, title II, Sec. 211(b)(1)), Nov. 5,

1990, 104 Stat. 1427, 1449, 1461.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(a) 5 U.S.C. 1131. Oct. 28, 1949, ch.

782, Sec. 801, 63

Stat. 969. Aug. 14,

1964, Pub. L. 88-

426, Sec. 103(a), 78

Stat. 401.

(b) 5 U.S.C. 1133. Oct. 28, 1949, ch.

782, Sec. 803, 63

Stat. 970.

Sept. 1, 1954, ch.

1208, Sec. 104, 68

Stat. 1106.

Oct. 11, 1962, Pub.

L. 87-793, Sec.

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 5 Source (U.S. Code) Source (Statutes at

Large)

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

5333(a) 5 App.: 1131. July 18, 1966, Pub.

L. 89-504, Sec.

103, 80 Stat. 289.

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

AMENDMENTS

1990 - 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.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment 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, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 84.

-CITE-

5 USC Sec. 5334 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5334. Rate on change of position or type of appointment;

regulations

-STATUTE-

(a) The rate of basic pay to which an employee is entitled is

governed by regulations prescribed by the Office of Personnel

Management in conformity with this subchapter and chapter 51 of

this title when -

(1) he is transferred from a position in the legislative,

judicial, or executive branch to which this subchapter does not

apply;

(2) he is transferred from a position in the legislative,

judicial, or executive branch to which this subchapter applies to

another such position;

(3) he is demoted to a position in a lower grade;

(4) he is reinstated, reappointed, or reemployed in a position

to which this subchapter applies following service in any

position in the legislative, judicial, or executive branch;

(5) his type of appointment is changed;

(6) his employment status is otherwise changed; or

(7) his position is changed from one grade to another grade.

For the purpose of this subsection, an individual employed by the

Appalachian Regional Commission under section 106(2) of the

Appalachian Regional Development Act of 1965 (FOOTNOTE 1) (40

U.S.C. App.), who was a Federal employee immediately prior to such

employment by a commission and within 6 months after separation

from such employment is employed in a position to which this

subchapter applies, shall be treated as if transferred from a

position in the executive branch to which this subchapter does not

apply.

(FOOTNOTE 1) See References in Text note below.

(b) An employee who is promoted or transferred to a position in a

higher grade is entitled to basic pay at the lowest rate of the

higher grade which exceeds his existing rate of basic pay by not

less than two step-increases of the grade from which he is promoted

or transferred. If, in the case of an employee so promoted or

transferred who is receiving basic pay at a rate in excess of the

maximum rate of his grade, there is no rate in the higher grade

which is at least two step-increases above his existing rate of

basic pay, he is entitled to -

(1) the maximum rate of the higher grade; or

(2) his existing rate of basic pay, if that rate is the higher.

If an employee so promoted or transferred is receiving basic pay at

a rate saved to him under subchapter VI of this chapter on

reduction in grade, he is entitled to -

(A) basic pay at a rate two steps above the rate which he would

be receiving if subchapter VI of this chapter were not applicable

to him; or

(B) his existing rate of basic pay, if that rate is the higher.

(c) An employee in the legislative branch who is paid by the

Secretary of the Senate or the Chief Administrative Officer of the

House of Representatives, and who has completed two or more years

of service as such an employee, and a Member of the Senate or House

of Representatives who has completed two or more years of service

as such a Member, may, on appointment to a position to which this

subchapter applies, have his initial rate of pay fixed -

(1) at the minimum rate of the appropriate grade; or

(2) at a step of the appropriate grade that does not exceed the

highest previous rate of pay received by him during that service

in the legislative branch.

(d) The rate of pay established for a teaching position as

defined by section 901 of title 20 held by an individual who

becomes subject to subsection (a) of this section is deemed

increased by an amount determined under regulations which the

Secretary of Defense shall prescribe for the determination of the

yearly rate of pay of the position. The amount by which a rate of

pay is increased under the regulations may not exceed the amount

equal to 20 percent of that rate of pay.

(e) An employee of a county committee established pursuant to

section 8(b) of the Soil Conservation and Domestic Allotment Act

(16 U.S.C. 590h(b)) may, on appointment to a position subject to

this subchapter, have the initial rate of basic pay of the employee

fixed at -

(1) the lowest rate of the higher grade that exceeds the rate

of basic pay of the employee with the county committee by not

less than 2 step-increases of the grade from which the employee

was promoted, if the Federal Civil Service position under this

subchapter is at a higher grade than the last grade the employee

had while an employee of the county committee;

(2) the same step of the grade as the employee last held during

service with the county committee, if the Federal Civil Service

position under this subchapter is at the same grade as the last

grade the employee had while an employee of the county committee;

or

(3) the lowest step of the Federal grade for which the rate of

basic pay is equal to or greater than the highest previous rate

of pay of the employee, if the Federal Civil Service position

under this subchapter is at a lower grade than the last grade the

employee had while an employee of the county committee.

(f) An employee of a nonappropriated fund instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c) who moves, without a break in service of more than 3 days,

to a position in the Department of Defense or the Coast Guard,

respectively, that is subject to this subchapter, may have such

employee's initial rate of basic pay fixed at the minimum rate of

the appropriate grade or at any step of such grade that does not

exceed the highest previous rate of basic pay received by that

employee during the employee's service described in section

2105(c). In the case of a nonappropriated fund employee who is

moved involuntarily from such nonappropriated fund instrumentality

without a break in service of more than 3 days and without

substantial change in duties to a position that is subject to this

subchapter, the employee's pay shall be set at a rate (not above

the maximum for the grade, except as may be provided for under

section 5365) that is not less than the employee's rate of basic

pay under the nonappropriated fund instrumentality immediately

prior to so moving.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 468; Pub. L. 90-103, title

I, Sec. 105, Oct. 11, 1967, 81 Stat. 257; Pub. L. 90-367, Sec. 1,

June 29, 1968, 82 Stat. 277; Pub L. 90-623, Sec. 1(6), (24), Oct.

22, 1968, 82 Stat. 1312, 1314; Pub. L. 95-454, title V, Sec.

503(f), title VIII, Sec. 801(a)(2), (3)(F), (G), title IX, Sec.

906(a)(2), Oct. 13, 1978, 92 Stat. 1184, 1221, 1222, 1224; Pub. L.

96-54, Sec. 2(a)(27), Aug. 14, 1979, 93 Stat. 383; Pub. L. 98-615,

title II, Sec. 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L.

99-251, title III, Sec. 306(b), Feb. 27, 1986, 100 Stat. 27; Pub.

L. 101-508, title VII, Sec. 7202(d), Nov. 5, 1990, 104 Stat.

1388-335; Pub. L. 103-89, Sec. 3(b)(1)(G), Sept. 30, 1993, 107

Stat. 982; Pub. L. 104-186, title II, Sec. 215(4), Aug. 20, 1996,

110 Stat. 1745; Pub. L. 105-85, div. A, title XI, Sec. 1104(a),

Nov. 18, 1997, 111 Stat. 1923; Pub. L. 105-393, title II, Sec. 223,

Nov. 13, 1998, 112 Stat. 3626; Pub. L. 107-171, title X, Sec.

10701, May 13, 2002, 116 Stat. 515.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(a)-(d) 5 U.S.C. 1132. Oct. 28, 1949, ch.

782, Sec. 802, 63

Stat. 969.

Sept. 1, 1954, ch.

1208, Sec. 112 (as

applicable to Sec.

802(b)), 68 Stat.

1108.

May 29, 1958, Pub.

L. 85-432, Sec.

4(a), (b), 72 Stat.

151.

July 31, 1959, Pub.

L. 86-122, Sec.

2(a), 73 Stat. 268.

Oct. 11, 1962, Pub.

L. 87-793, Sec.

604(a), (b), 76

Stat. 847.

(e) 5 U.S.C. 2357. July 17, 1959, Pub.

L. 86-91. Sec. 9,

73 Stat. 216.

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

In subsection (b), the words ''under any provision of law'' are

omitted from the second sentence as unnecessary.

In subsection (e), the words ''as defined by section 901 of title

20'' are added on authority of former section 2351, which section

is scheduled for transfer to section 901 of title 20.

Standard changes are made to conform with the definitions

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

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 106(2) of the Appalachian Regional Development Act of

1965, referred to in subsec. (a), is section 106(2) of Pub. L.

89-4, title I, Mar. 9, 1965, 79 Stat. 8, as amended, which was

classified to the Appendix to former Title 40, Public Buildings,

Property, and Works, and was repealed and reenacted as sections

14301(e), (f) and 14306(a)(2) of Title 40, Public Buildings,

Property, and Works, by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21,

2002, 116 Stat. 1062, 1304.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-171 added subsec. (e) and struck

out former subsec. (e) which read as follows: ''An employee of a

county committee established pursuant to section 590h(b) of title

16 may, upon appointment to a position subject to this subchapter,

have his initial rate of basic pay fixed at the minimum rate of the

appropriate grade, or at any step of such grade that does not

exceed the highest previous rate of basic pay received by him

during service with such county committee.''

1998 - Subsec. (a). Pub. L. 105-393 substituted ''the Appalachian

Regional Development Act of 1965 (40 U.S.C. App.)'' for ''title 40,

appendix, or by a regional commission established pursuant to

section 3182 of title 42, under section 3186(a)(2) of that title''.

1997 - Subsec. (d). Pub. L. 105-85 substituted ''an amount

determined under regulations which the Secretary of Defense shall

prescribe for the determination of the yearly rate of pay of the

position. The amount by which a rate of pay is increased under the

regulations may not exceed the amount equal to 20 percent of that

rate of pay.'' for ''20 percent to determine the yearly rate of pay

of the position.''

1996 - Subsec. (c). Pub. L. 104-186 substituted ''Chief

Administrative Officer'' for ''Clerk''.

1993 - Subsec. (c)(2). Pub. L. 103-89, Sec. 3(b)(1)(G)(i),

substituted ''step'' for ''step, or for an employee appointed to a

position covered by the performance management and recognition

system established under chapter 54 of this title, any dollar

amount,''.

Subsecs. (f), (g). Pub. L. 103-89, Sec. 3(b)(1)(G)(ii),

redesignated subsec. (g) as (f) and struck out former subsec. (f)

which read as follows: ''In the case of an employee covered by the

performance management and recognition system established under

chapter 54 of this title, all references in this section to 'two

steps' or 'two step-increases' shall be deemed to mean 6 percent.''

1990 - Subsec. (g). Pub. L. 101-508 added subsec. (g).

1986 - Subsec. (e). Pub. L. 99-251 substituted ''may, upon

appointment to a position'' for ''may upon appointment to a

position under the Department of Agriculture,''.

1984 - Subsecs. (c)(2), (f). Pub. L. 98-615 substituted ''the

performance management and recognition system established under

chapter 54'' for ''the merit pay system established under section

5402''.

1979 - Subsec. (a). Pub. L. 96-54 substituted ''106(2)'' for

''106(a)'' and ''3186(a)(2)'' for ''3186(2)''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), substituted

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

Commission''.

Subsec. (b). Pub. L. 95-454, Sec. 801(a)(3)(F), substituted

''subchapter VI of this chapter'' for ''section 5337 of this

title'' wherever appearing.

Subsec. (c). Pub. L. 95-454, Sec. 503(f)(1), in par. (2) inserted

reference to an employee appointed to a position covered by the

merit pay system established under section 5402 of this title.

Subsecs. (d) to (f). Pub. L. 95-454, Sec. 801(a)(2), (3)(G),

redesignated subsecs. (e) and (f) as (d) and (e), respectively.

Former subsec. (d), which related to regulations governing the

retention of the rate of basic pay of an employee and his position

covered by this subchapter and chapter 51 of this title, was struck

out.

Pub. L. 95-454, Sec. 503(f)(2), added a new subsec. (f).

1968 - Subsec. (a). Pub. L. 90-623, Sec. 1(6), substituted

''title 40, appendix'' for ''the Appalachian Regional Development

Act of 1965'', ''section 3182 of title 42, under section 3186(2) of

that title'' for ''section 502 of the Public Works and Economic

Development Act of 1965, under section 506(2) of such Act'', and

''6'' for ''six''.

Subsec. (f). Pub. L. 90-623, Sec. 1(24), substituted ''section

590h(b) of title 16'' for ''section 8(b) of the Soil Conservation

and Domestic Allotment Act (16 U.S.C. 590h(b))''.

Pub. L. 90-367 added subsec. (f).

1967 - Subsec. (a). Pub. L. 90-103 provided for treatment as a

transfer from a position in the executive branch to which this

subchapter does not apply of certain regional commission employees

who were Federal employees immediately prior to employment by a

commission and were employed within six months after separation

from the commission in a position subject to this subchapter.

EFFECTIVE DATE OF 1997 AMENDMENT

Section 1104(b) of Pub. L. 105-85 provided that:

''(1) The amendment made by subsection (a) (amending this

section) shall take effect 180 days after the date of the enactment

of this Act (Nov. 18, 1997).

''(2) In the case of a person who is employed in a teaching

position referred to in section 5334(d) of title 5, United States

Code, on the day before the effective date under paragraph (1), the

rate of pay of that person determined under that section (as in

effect on that day) may not be reduced by reason of the amendment

made by subsection (a) for so long as the person continues to serve

in that position or another such position without a break in

service of more than three days on or after that day.''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment 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 AMENDMENT

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 AMENDMENT

Section 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.

EFFECTIVE DATE OF 1979 AMENDMENT

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

Section 504(a) of Pub. L. 95-454 provided that amendment by

section 503(f) 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 801(a)(2), (3)(F), (G) 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(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.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 6 of Pub. L. 90-623 provided that:

''(a) Sections 1-5 of this Act (amending this section, sections

559, 2108, 3102, 3502, 5314, 5315, 5316, 5352, 5353, 5516, 5521,

5527, 5537, 5546, 5724, 6104, 6305, 6312, 6323, 6324, 8143, 8191,

8331, and 8347 of this title, sections 101, 510 (now 12102), 815,

1124, 3534, 4342, 5149, 6483, 6954, and 9342 of Title 10, Armed

Forces, sections 101, 212, 205, 305, 306, 307, 308, 311, 406, 417,

554, 703, 904, 1001, and 1006 of Title 37, Pay and Allowances of

the Uniformed Services, and sections 2727 and 2994b of Title 42,

The Public Health and Welfare, and repealing section 8339 note of

this title) restate, without substantive change, the laws replaced

by those sections on the effective date of this Act. Laws effective

after June 30, 1968, that are inconsistent with this Act (Oct. 22,

1968) supersede it to the extent of the inconsistency.

''(b) References made by other laws, regulations, and orders to

the laws restated by this Act are deemed to refer to the

corresponding provisions of this Act.

''(c) Actions taken under the laws restated by this Act are

deemed to have been taken under the corresponding provisions of

this Act.

''(d) Sections 1(2) and 1(14) of this Act (amending sections 2108

and 5724 of this title) are effective as of September 11, 1967, for

all purposes.

''(e) Sections 1(13)(B) and 1(17) of this Act (amending sections

5546 and 6323 of this title) are effective as of September 6, 1966,

for all purposes.''

-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.

-CITE-

5 USC Sec. 5335 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5335. Periodic step-increases

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 90-83, Sec.

1(20), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-251, Sec. 2(a)(1),

Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title V, Sec. 503(g),

title IX, Sec. 906(a)(2), (8), Oct. 13, 1978, 92 Stat. 1184, 1224,

1225; Pub. L. 96-54, Sec. 2(a)(28), Aug. 14, 1979, 93 Stat. 383;

Pub. L. 98-615, title II, Sec. 203, 204(a)(1), Nov. 8, 1984, 98

Stat. 3216; Pub. L. 101-508, title VII, Sec. 7202(e), Nov. 5, 1990,

104 Stat. 1388-336; Pub. L. 101-509, title V, Sec. 529 (title I,

Sec. 104(d)(2)), Nov. 5, 1990, 104 Stat. 1427, 1447; Pub. L.

103-89, Sec. 3(b)(1)(H), Sept. 30, 1993, 107 Stat. 982.)

-MISC1-

Historical and Revision Notes

1966 Act

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(a)-(c) 5 U.S.C. 1121. Oct. 11, 1962, Pub.

L. 87-793, Sec. 603

''Sec. 701'', 76

Stat. 847.

(d) 5 U.S.C. 1123 (as Oct. 11, 1962, Pub.

applicable to 5 L. 87-793, Sec. 603

U.S.C. 1121). ''Sec. 703 (as

applicable to Sec.

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, Sec. 603, 76 Stat. 847,

which is carried into this section and section 5336:

June 28, 1950, ch. 382, Sec. 2, 64 Stat. 262.

Sept. 30, 1950, ch. 1123, Sec. 9, 10, 64 Stat. 1100.

Oct. 24, 1951, ch. 554, Sec. 1(e), 65 Stat. 613.

Sept. 1, 1954, ch. 1208, Sec. 102(a), 103(a), 112 (less

applicability to Sec. 802(b)), 305(a), 68 Stat. 1105, 1108, 1113.

June 28, 1955, ch. 189, Sec. 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 5 Source (U.S. Code) Source (Statutes at

Large)

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

5335(c) 5 App.: 1121(c). Oct. 29, 1965, Pub.

L. 89-301, Sec. 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.

AMENDMENTS

1993 - Subsec. (e). Pub. L. 103-89, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 906(a)(2), substituted ''Office

of Personnel Management'' for ''Civil Service Commission''.

Subsec. (c). Pub. L. 95-454, Sec. 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, Sec. 503(g), inserted reference to

merit pay system established under section 5402 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment 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 AMENDMENTS

Amendment 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, Sec. 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 AMENDMENT

Section 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.

EFFECTIVE DATE OF 1979 AMENDMENT

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

Section 504(a) of Pub. L. 95-454 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.

-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.

-MISC5-

PAY INCREASES DEEMED EQUIVALENT INCREASES IN PAY

Section 5(a) of Pub. L. 103-89 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 559, 1305, 5303, 5305,

5336, 9508 of this title; title 13 section 24.

-CITE-

5 USC Sec. 5336 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5336. Additional step-increases

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 469; Pub. L. 95-454, title

V, Sec. 503(h), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat.

1184, 1224; Pub. L. 98-615, title II, Sec. 204(a)(1), Nov. 8, 1984,

98 Stat. 3216; Pub. L. 103-89, Sec. 3(b)(1)(I), Sept. 30, 1993, 107

Stat. 982.)

-MISC1-

Historical and Revision Notes

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

Derivation U.S. Code Revised Statutes and

Statutes at Large

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

(a), (b) 5 U.S.C. 1122. Oct. 11, 1962, Pub.

L. 87-793, Sec. 603

''Sec. 702'', 76

Stat. 847.

(c) 5 U.S.C. 1123 (less Oct. 11, 1962, Pub.

applicability to 5 L. 87-793, Sec. 603

U.S.C. 1121). ''Sec. 703 (less

applicability to

Sec. 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.

AMENDMENTS

1993 - 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, Sec. 906(a)(2), substituted

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

Commission''.

Subsec. (c). Pub. L. 95-454, Sec. 503(h), inserted reference to

merit pay system established under section 5402 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment 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 AMENDMENT

Section 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 504(a) of Pub. L. 95-454 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 13 section 24.

-CITE-

5 USC Sec. 5337 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

(Sec. 5337. Repealed. Pub. L. 95-454, title VIII, Sec. 801(a)(2),

Oct. 13, 1978, 92 Stat. 1221)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 470; Pub. L.

92-392, Sec. 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.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of first applicable pay period

beginning on or after 90th day after Oct. 13, 1978, and an employee

receiving pay on day before such effective date not to have such

pay reduced or terminated and, unless section 5362 applies,

employee is entitled to continuation of such pay, etc., see section

801(a)(4) of Pub. L. 95-454, set out as an Effective Date note

under section 5361 of this title.

-CITE-

5 USC Sec. 5338 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

-HEAD-

Sec. 5338. Regulations

-STATUTE-

The Office of Personnel Management may prescribe regulations

necessary for the administration of this subchapter.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 95-454, title

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

-MISC1-

HISTORICAL AND REVISION NOTES

The section is added on authority of former sections 1072 and

1072a, which are carried into section 5115.

AMENDMENTS

1978 - Pub. L. 95-454 substituted ''Office of Personnel

Management'' for ''Civil Service Commission''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment 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.

-CITE-

5 USC SUBCHAPTER IV - PREVAILING RATE SYSTEMS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER IV - PREVAILING RATE SYSTEMS

.

-HEAD-

SUBCHAPTER IV - PREVAILING RATE SYSTEMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5304, 5361, 5541,

7201, 7204, 9509 of this title; title 2 sections 1846, 2048; title

10 sections 4540, 7212, 9540; title 31 section 1515.

-CITE-

5 USC Sec. 5341 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER IV - PREVAILING RATE SYSTEMS

-HEAD-

Sec. 5341. Policy

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 92-392, Sec. 1(a), Aug. 19, 1972, 86 Stat. 564.)

-MISC1-

PRIOR PROVISIONS

A prior section 5341, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

471; Pub. L. 90-83, Sec. 1(97), Sept. 11, 1967, 81 Stat. 220; Pub.

L. 90-560, Sec. 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.

EFFECTIVE DATE

Section 15(a) of Pub. L. 92-392 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 60a-1 and 60a-2 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.''

REPEALS

Section 13 of Pub. L. 92-392 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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1602; title 41

section 351.

-CITE-

5 USC Sec. 5342 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart D - Pay and Allowances

CHAPTER 53 - PAY RATES AND SYSTEMS

SUBCHAPTER IV - PREVAILING RATE SYSTEMS

-HEAD-

Sec. 5342. Definitions; application

-STATUTE-

(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 General Accounting Office; or (FOOTNOTE 1)

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

not appear.

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

of Defense; or

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

subpar. (I).

(K) the National Imagery and Mapping 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.

-SOURCE-

(Added Pub. L. 92-392, Sec. 1(a), Aug. 19, 1972, 86 Stat. 564;

amended Pub. L. 96-70, title III, Sec. 3302(e)(1), Sept. 27, 1979,

93 Stat. 498; Pub. L. 96-191, Sec. 8(d), Feb. 15, 1980, 94 Stat.

33; Pub. L. 97-468, title VI, Sec. 615(b)(1)(D), Jan. 14, 1983, 96

Stat. 2578; Pub. L. 98-618, title V, Sec. 502(b), Nov. 8, 1984, 98

Stat. 3303; Pub. L. 102-54, Sec. 13(b)(1), June 13, 1991, 105 Stat.

274; Pub. L. 103-359, title V, Sec. 501(h), Oct. 14, 1994, 108

Stat. 3429; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1),

div. C, title XXXV, Sec. 3548(a)(3)(A), Sept. 23, 1996, 110 Stat.

2687, 2868.)

-MISC1-

PRIOR PROVISIONS

A 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.

AMENDMENTS

1996 - Sub