Historical and Revision Notes | ||
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| Oct. 11, 1962, Pub. L. 87–793, § 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.
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, § 3(b)(1)(E)(i)(II),
Levels II, III, and IV of the Executive Schedule, referred to in subsecs. (g) and (h)(1)(D), are set out in sections 5313, 5314, and 5315, respectively, of this title.
For the effective date of section 1912 of the Non-Foreign Area Retirement Equity Assurance Act of 2009 [Pub. L. 111–84], referred to in subsec. (h)(1)(C), see section 1919(b) of Pub. L. 111–84, set out in a note below.
2009—Subsec. (f)(1)(A). Pub. L. 111–84, § 1912(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: “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”.
Subsec. (g)(2)(B), (C). Pub. L. 111–84, § 1912(a)(2)(A), added subpars. (B) and (C) and struck out former subpar. (B) which read as follows: “any positions under subsection (h)(1)(C) as the President may determine.”
Subsec. (g)(3). Pub. L. 111–84, § 1912(a)(2)(B), added par. (3).
Subsec. (h)(1)(C), (D). Pub. L. 111–84, § 1912(a)(3)(A)–(C), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (h)(1)(iv), (v). Pub. L. 111–84, § 1912(a)(3)(D), (E), inserted “, except for a position covered by subparagraph (C)” before the semicolon.
Subsec. (h)(1)(vii). Pub. L. 111–84, § 1912(a)(3)(F), inserted “, except for a position covered by subparagraph (C)” before the period.
Subsec. (h)(2)(B)(i). Pub. L. 111–84, § 1912(a)(4)(A), substituted “through (C)” for “and (B)”.
Subsec. (h)(2)(B)(ii). Pub. L. 111–84, § 1912(a)(4)(B), substituted “(1)(D)” for “(1)(C)”.
2008—Subsec. (g)(2). Pub. L. 110–372, § 2(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for—
“(A) positions under subparagraphs (A)–(C) of subsection (h)(1); and
“(B) any positions under subsection (h)(1)(D) which the President may determine.”
Subsec. (h)(1). Pub. L. 110–372, § 2(a)(2)(A)(ii), which directed amendment of subsec. (h)(1)(D) by striking “or” at end of cl. (v), substituting “; or” for period at end of cl. (vi), and adding at end a new cl. (vii), was executed by making the strike out and substitution in the cls. (v) and (vi) which follow subpar. (D) and by adding cl. (vii) after cl. (vi), to reflect the probable intent of Congress.
Subsec. (h)(1)(A) to (D). Pub. L. 110–372, § 2(a)(2)(A)(i), (iii), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: “a position to which section 5376 applies (relating to certain senior-level positions);”.
Subsec. (h)(2)(B)(i). Pub. L. 110–372, § 2(a)(2)(B)(i), substituted “subparagraphs (A) and (B)” for “subparagraphs (A) through (C)” and “(vi), or (vii)” for “or (vi)”.
Subsec. (h)(2)(B)(ii). Pub. L. 110–372, § 2(a)(2)(B)(ii), substituted “paragraph (1)(C)” for “paragraph (1)(D)” and “(vi), or (vii)” for “or (vi)”.
2004—Subsec. (g)(2)(A). Pub. L. 108–411, § 302(a)(1)(A), substituted “(A)–(C)” for “(A)–(D)”.
Subsec. (h)(2)(B)(i). Pub. L. 108–411, § 302(a)(1)(B), substituted “or (vi)” for “or (vii)”.
2003—Subsec. (g)(2)(A). Pub. L. 108–136, § 1125(a)(1)(A)(i), substituted “subparagraphs (A)–(D)” for “subparagraphs (A)–(E)”.
Subsec. (g)(2)(B). Pub. L. 108–136, § 1125(a)(1)(A)(ii), substituted “subsection (h)(1)(D)” for “subsection (h)(1)(F)”.
Subsec. (h)(1)(B) to (F). Pub. L. 108–136, § 1125(a)(1)(B)(i), (ii), redesignated subpars. (D), (E), and (F) as (B), (C), and (D), respectively, and struck out former subpars. (B) and (C) which read as follows:
“(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;”.
Subsec. (h)(1)(iv) to (vi). Pub. L. 108–136, § 1125(a)(1)(B)(iii)–(v), added cls. (iv) to (vi).
Subsec. (h)(2)(B)(i). Pub. L. 108–136, § 1125(a)(1)(C)(i), substituted “subparagraphs (A) through (C)” for “subparagraphs (A) through (E)” and “clause (i), (ii), (iii), (iv), (v), or (vii)” for “clause (i) or (ii)”.
Subsec. (h)(2)(B)(ii). Pub. L. 108–136, § 1125(a)(1)(C)(ii), substituted “paragraph (1)(D)” for “paragraph (1)(F)” and “clause (i), (ii), (iii), (iv), (v), or (vi)” for “clause (i) or (ii)”.
1992—Subsec. (a)(3). Pub. L. 102–378, § 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, § 2(26)(A)(ii), inserted “and” after semicolon at end.
Subsec. (a)(3)(I). Pub. L. 102–378, § 2(26)(A)(iii), substituted a period for semicolon at end.
Subsec. (d)(1)(A). Pub. L. 102–378, § 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, § 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, § 2(26)(C)(ii), substituted “surveys of pay localities” for “annual survey” and “industries” for “industries,”.
Subsec. (g)(2). Pub. L. 102–378, § 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, § 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, § 2(26)(E)(i)(II)–(IV), added cl. (iii).
Subsec. (h)(2)(C). Pub. L. 102–378, § 2(26)(E)(ii), added subpar. (C).
Subsec. (h)(3)(B). Pub. L. 102–378, § 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.
For effective date of amendment by Pub. L. 111–84, see section 1919 of Pub. L. 111–84, set out in a Non-Foreign Area Retirement Equity Assurance note below.
Amendment by Pub. L. 110–372 effective on the first day of the first pay period beginning on or after the 180th day following
Pub. L. 108–411, title III, § 302(a)(2),
Pub. L. 108–136, div. A, title XI, § 1125(c), “(1) The amendments made by this section [enacting section 7302 of this title and amending this section, sections 5382 and 5383 of this title, and section 207 of Title 18, Crimes and Criminal Procedure] shall take effect on the first day of the first pay period beginning on or after the first January 1 following the date of the enactment of this section [“(2) The amendments made by subsection (a) [amending this section and sections 5382 and 5383 of this title] may not result in a reduction in the rate of basic pay for any senior executive during the first year after the effective date of those amendments.“(3) For the purposes of paragraph (2), the rate of basic pay for a senior executive shall be deemed to be the rate of basic pay set for the senior executive under section 5383 of title 5, United States Code, plus applicable locality pay paid to that senior executive, as of the date of the enactment of this Act [“(4) Until otherwise provided by law, or except as otherwise provided by this section, any reference in a provision of law to a rate of basic pay that is above the minimum payable and below the maximum payable to a member of the Senior Executive Service shall be considered a reference to the rate of basic pay payable for level IV of the Executive Schedule.”
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
Amendment by Pub. L. 96–465 effective
Amendment by Pub. L. 95–454 effective 90 days after
Amendment by Pub. L. 91–375 effective within 1 year after
Pub. L. 117–263, div. I, title XCVII, § 9717, “(a) In this section:“(1) The term ‘civil service’ has the meaning given the term in section 2101 of title 5, United States Code.“(2) The term ‘covered employee’ means an employee who—“(A) occupies a position in the civil service; and“(B) is working overseas under a Domestic Employee Teleworking Overseas agreement.“(3) The term ‘locality pay’ means a locality-based comparability payment paid in accordance with subsection (b).“(4) The term ‘nonforeign area’ has the meaning given the term in section 591.205 of title 5, Code of Federal Regulations, or any successor regulation.“(5) The term ‘overseas’ means any geographic location that is not in—“(A) the continental United States; or“(B) a nonforeign area.“(b) Each covered employee shall be paid locality pay in an amount that is equal to the lesser of—“(1) the amount of a locality-based comparability payment that the covered employee would have been paid under section 5304 or 5304a of title 5, United States Code, had the official duty station of the covered employee not been changed to reflect an overseas location under the applicable Domestic Employee Teleworking Overseas agreement; or“(2) the amount of a locality-based comparability payment that the covered employee would be paid under section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32) [123 Stat. 1904], as limited under section 9802(c)(2) of this Act [136 Stat. 3924], if the covered employee were an eligible member of the Foreign Service (as defined in subsection (b) of such section 1113).“(c) Locality pay paid to a covered employee under this section—“(1) shall begin to be paid not later than 60 days after the date of the enactment of this Act [“(2) shall be treated in the same manner, and subject to the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title 5, United States Code.”
Pub. L. 111–84, div. A, title XIX, subtitle B, “This subtitle may be cited as the ‘Non-Foreign Area Retirement Equity Assurance Act of 2009’ or the ‘Non-Foreign AREA Act of 2009’. [Amended this section.] [Amended section 5941 of this title.]“SEC. 1911. SHORT TITLE.“SEC. 1912. EXTENSION OF LOCALITY PAY.“(a) “(b) “SEC. 1913. ADJUSTMENT OF SPECIAL RATES.
Pub. L. 106–554, § 1(a)(3) [title VI, § 637], “(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 [“(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 “(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 “(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 “(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 “(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.”
Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 902(b)],
Pub. L. 103–329, title VI, § 630(b), (c), “(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
Section 8(b) of Pub. L. 102–378 provided that: “(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.”
Pub. L. 101–509, “(a) 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) (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) (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) (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than “(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, § 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) 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 [“(f) This section shall take effect on the date of enactment of this Act [
[Amendment by Pub. L. 103–89 to section 529 [title III, § 302] of Pub. L. 101–509, set out above, effective
[Amendment by Pub. L. 102–378 to section 529 [title III, § 302] of Pub. L. 101–509, set out above, effective
For designation of agents of President under subsecs. (d)(1) and (h) of this section, see Ex. Ord. No. 12748, § 2(a),
Interim geographic adjustments pursuant to section 529 [title III, § 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,
Ex. Ord. No. 12826,
Ex. Ord. No. 12786,
Ex. Ord. No. 12736,
Ex. Ord. No. 11073,
Ex. Ord. No. 11721,
Ex. Ord. No. 12764,
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 ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], an advisory committee on locality-based comparability payments for General Schedule employees, it is hereby ordered as follows:
(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 [sic].
(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 [see 5 U.S.C. 1001 et seq.], 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.
For adjustment of locality-based comparability payments under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title.
Approvals of locality-based comparability payments recommended by the Director of the Office of Personnel Management were contained in the following:
Memorandum of President of the United States,
Memorandum of President of the United States,