Legislación
US (United States) Code. Title 5. Chapter 53: Pay rates and systems
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5 USC CHAPTER 53 - PAY RATES AND SYSTEMS 01/06/03
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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 Repealed.)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 Repealed.)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.
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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.
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5 USC SUBCHAPTER I - PAY COMPARABILITY SYSTEM 01/06/03
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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.
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5 USC Sec. 5301 01/06/03
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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.)
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Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 1171. Oct. 11, 1962, Pub.
L. 87-793, Sec.
502, 76 Stat. 841.
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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
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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