05 USC 3372. General provisions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) On request from or with the concurrence of a State or local
government, and with the consent of the employee concerned, the head of
a Federal agency may arrange for the assignment of --
(1) an employee of his agency, other than a noncareer appointee,
limited term appointee, or limited emergency appointee (as such terms
are defined in section 3132(a) of this title) in the Senior Executive
Service and an employee in a position which has been excepted from the
competitive service by reason of its confidential, policy-determining,
policy-making, or policy-advocating character, to a State or local
government; and
(2) an employee of a State or local government to his agency;
for work of mutual concern to his agency and the State or local
government that he determines will be beneficial to both. The period of
an assignment under this subchapter may not exceed two years. However,
the head of a Federal agency may extend the period of assignment for not
more than two additional years. In the case of assignments made to
Indian tribes or tribal organizations as defined in section 3371(2)(C)
of this subchapter, /1/ the head of an executive agency may extend the
period of assignment for any period of time where it is determined that
this will continue to benefit both the executive agency and the Indian
tribe or tribal organization. If the assigned employee fails to
complete the period of assignment and there is another employee willing
and available to do so, the Secretary may assign the employee to
complete the period of assignment and may execute an agreement with the
tribal organization with respect to the replacement employee. That
agreement may provide for a different period of assignment as may be
agreed to by the Secretary and the tribal organization.
(b) This subchapter is authority for and applies to the assignment of
--
(1) an employee of a Federal agency to an institution of higher
education;
(2) an employee of an institution of higher education to a Federal
agency;
(3) an employee of a Federal agency to any other organization; and
(4) an employee of an other organization to a Federal agency.
(c)(1) An employee of a Federal agency may be assigned under this
subchapter only if the employee agrees, as a condition of accepting an
assignment under this subchapter, to serve in the civil service upon the
completion of the assignment for a period equal to the length of the
assignment.
(2) Each agreement required under paragraph (1) of this subsection
shall provide that in the event the employee fails to carry out the
agreement (except for good and sufficient reason, as determined by the
head of the Federal agency from which assigned) the employee shall be
liable to the United States for payment of all expenses (excluding
salary) of the assignment. The amount shall be treated as a debt due
the United States.
(d) Where the employee is assigned to a tribal organization, the
employee shall be eligible for promotions, periodic step-increases,
additional step-increases, merit pay, and cash awards, as defined in
chapters 53 and 54 of this title, on the same basis as other Federal
employees.
(Added Pub. L. 91-648, title IV, 402(a), Jan. 5, 1971, 84 Stat.
1921, and amended Pub. L. 93-638, title I, 104(k), (l), as added Pub.
L. 100-472, title II, 203(f), Oct. 5, 1988, 102 Stat. 2290; Pub. L.
95-454, title VI, 603(b), (c), Oct. 13, 1978, 92 Stat. 1190; Pub. L.
98-146, title II, Nov. 4, 1983, 97 Stat. 946.)
1988 -- Subsecs. (a), (d). Pub. L. 100-472 added Pub. L. 93-638,
104(k), (l). See 1975 Amendment note below.
1983 -- Subsec. (a). Pub. L. 98-146 inserted sentence providing
that, in the case of assignments made to Indian tribes or tribal
organizations as defined in section 3371(2)(C) of this title, the head
of an executive agency may extend the period of assignment for any
period of time where it is determined that this will continue to benefit
both the executive agency and the Indian tribe or tribal organization.
1978 -- Subsec. (a). Pub. L. 95-454, 603(b), (c)(1), substituted ''a
Federal'' for ''an executive'' wherever appearing, and in cl. (1)
inserted provisions relating to a noncareer appointee, limited term
appointee, or limited emergency appointee, and an employee excepted from
the competitive service.
Subsec. (b). Pub. L. 95-454, 603(b), (c)(2)-(4), in cls. (1) and (2)
substituted ''a Federal'' for ''an executive'', and added cls. (3) and
(4).
Subsec. (c). Pub. L. 95-454, 603(c)(5), added subsec. (c).
1975 -- Subsec. (a). Pub. L. 93-638, 104(k), as added by Pub. L.
100-472, inserted at end ''If the assigned employee fails to complete
the period of assignment and there is another employee willing and
available to do so, the Secretary may assign the employee to complete
the period of assignment and may execute an agreement with the tribal
organization with respect to the replacement employee. That agreement
may provide for a different period of assignment as may be agreed to by
the Secretary and the tribal organization.''
Subsec. (d). Pub. L. 93-638, 104(l), as added by Pub. L. 100-472,
added subsec. (d).
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.
/1/ So in original. Probably should be ''this title,''.
05 USC 3373. Assignment of employees to State and local governments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee of a Federal agency assigned to a State or local
government under this subchapter is deemed, during the assignment, to be
either --
(1) on detail to a regular work assignment in his agency; or
(2) on leave without pay from his position in the agency.
An employee assigned either on detail or on leave without pay remains
an employee of his agency. The Federal Tort Claims Act and any other
Federal tort liability statute apply to an employee so assigned. The
supervision of the duties of an employee on detail may be governed by
agreement between the Federal agency and the State or local government
concerned.
(b) The assignment of an employee of a Federal agency either on
detail or on leave without pay to a State or local government under this
subchapter may be made with or without reimbursement by the State or
local government for the travel and transportation expenses to or from
the place of assignment and for the pay, or supplemental pay, or a part
thereof, of the employee during assignment. Any reimbursements shall be
credited to the appropriation of the Federal agency used for paying the
travel and transportation expenses or pay.
(c) For any employee so assigned and on leave without pay --
(1) if the rate of pay for his employment by the State or local
government is less than the rate of pay he would have received had he
continued in his regular assignment in the agency, he is entitled to
receive supplemental pay from the agency in an amount equal to the
difference between the State or local government rate and the agency
rate;
(2) he is entitled to annual and sick leave to the same extent as if
he had continued in his regular assignment in the agency; and
(3) he is entitled, notwithstanding other statutes --
(A) to continuation of his insurance under chapter 87 of this title,
and coverage under chapter 89 of this title or other applicable
authority, so long as he pays currently into the Employee's Life
Insurance Fund and the Employee's Health Benefits Fund or other
applicable health benefits system (through his employing agency) the
amount of the employee contributions;
(B) to credit the period of his assignment under this subchapter
toward periodic step-increases, retention, and leave accrual purposes,
and, on payment into the Civil Service Retirement and Disability Fund or
other applicable retirement system of the percentage of his State or
local government pay, and of his supplemental pay, if any, that would
have been deducted from a like agency pay for the period of the
assignment and payment by the Federal agency into the fund or system of
the amount that would have been payable by the agency during the period
of the assignment with respect to a like agency pay, to treat his
service during that period as service of the type performed in the
agency immediately before his assignment; and
(C) for the purpose of subchapter I of chapter 85 of this title, to
credit the service performed during the period of his assignment under
this subchapter as Federal service, and to consider his State or local
government pay (and his supplemental pay, if any) as Federal wages. To
the extent that the service could also be the basis for entitlement to
unemployment compensation under a State law, the employee may elect to
claim unemployment compensation on the basis of the service under either
the State law or subchapter I of chapter 85 of this title.
However, an employee or his beneficiary may not receive benefits
referred to in subparagraphs (A) and (B) of this paragraph (3), based on
service during an assignment under this subchapter for which the
employee or, if he dies without making such an election, his beneficiary
elects to receive benefits, under any State or local government
retirement or insurance law or program, which the Office of Personnel
Management determines to be similar. The Federal agency shall deposit
currently in the Employee's Life Insurance Fund, the Employee's Health
Benefits Fund or other applicable health benefits system, respectively,
the amount of the Government's contributions on account of service with
respect to which employee contributions are collected as provided in
subparagraphs (A) and (B) of this paragraph (3).
(d)(1) An employee so assigned and on leave without pay who dies or
suffers disability as a result of personal injury sustained while in the
performance of his duty during an assignment under this subchapter shall
be treated, for the purpose of subchapter I of chapter 81 of this title,
as though he were an employee as defined by section 8101 of this title
who had sustained the injury in the performance of duty. When an
employee (or his dependents in case of death) entitled by reason of
injury or death to benefits under subchapter I of chapter 81 of this
title is also entitled to benefits from a State or local government for
the same injury or death, he (or his dependents in case of death) shall
elect which benefits he will receive. The election shall be made within
one year after the injury or death, or such further time as the
Secretary of Labor may allow for reasonable cause shown. When made, the
election is irrevocable unless otherwise provided by law.
(2) An employee who elects to receive benefits from a State or local
government may not receive an annuity under subchapter III of chapter 83
of this title and benefits from the State or local government for injury
or disability to himself covering the same period of time. This
provision does not --
(A) bar the right of a claimant to the greater benefit conferred by
either the State or local government or subchapter III of chapter 83 of
this title for any part of the same period of time;
(B) deny to an employee an annuity accruing to him under subchapter
III of chapter 83 of this title on account of service performed by him;
or
(C) deny any concurrent benefit to him from the State or local
government on account of the death of another individual.
(Added Pub. L. 91-648, title IV, 402(a), Jan. 5, 1971, 84 Stat.
1921, and amended Pub. L. 95-454, title VI, 603(b), title IX, 906(a)(
2), Oct. 13, 1978, 92 Stat. 1190, 1224.)
The Federal Tort Claims Act, referred to in subsec. (a), is
classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary
and Judicial Procedure.
1978 -- Subsecs. (a), (b). Pub. L. 95-454, 603(b), substituted ''a
Federal'' for ''an executive'' and ''Federal agency'' for ''executive
agency''.
Subsec. (c). Pub. L. 95-454, 603(b), 906(a)(2), substituted ''Federal
agency'' for ''executive agency'' wherever appearing, and ''Office of
Personnel Management'' for ''Civil Service Commission''.
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.
05 USC 3374. Assignments of employees from State or local governments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee of a State or local government who is assigned to a
Federal agency under an arrangement under this subchapter may --
(1) be appointed in the Federal agency without regard to the
provisions of this title governing appointment in the competitive
service for the agreed period of the assignment; or
(2) be deemed on detail to the Federal agency.
(b) An employee given an appointment is entitled to pay in accordance
with chapter 51 and subchapter III of chapter 53 of this title or other
applicable law, and is deemed an employee of the Federal agency for all
purposes except --
(1) subchapter III of chapter 83 of this title or other applicable
retirement system;
(2) chapter 87 of this title; and
(3) chapter 89 of this title or other applicable health benefits
system unless his appointment results in the loss of coverage in a group
health benefits plan the premium of which has been paid in whole or in
part by a State or local government contribution.
The above exceptions shall not apply to non-Federal employees who are
covered by chapters 83, 87, and 89 of this title by virtue of their
non-Federal employment immediately before assignment and appointment
under this section.
(c) During the period of assignment, a State or local government
employee on detail to a Federal agency --
(1) is not entitled to pay from the agency, except to the extent that
the pay received from the State or local government is less than the
appropriate rate of pay which the duties would warrant under the
applicable pay provisions of this title or other applicable authority;
(2) is deemed an employee of the agency for the purpose of chapter 73
of this title, sections 203, 205, 207, 208, 209, 602, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, sections 1343, 1344, and 1349(b)
of title 31, and the Federal Tort Claims Act and any other Federal tort
liability statute; and
(3) is subject to such regulations as the President may prescribe.
The supervision of the duties of such an employee may be governed by
agreement between the Federal agency and the State or local government
concerned. A detail of a State or local government employee to a
Federal agency may be made with or without reimbursement by the Federal
agency for the pay, or a part thereof, of the employee during the period
of assignment, or for the contribution of the State or local government,
or a part thereof, to employee benefit systems.
(d) A State or local government employee who is given an appointment
in a Federal agency for the period of the assignment or who is on detail
to a Federal agency and who suffers disability or dies as a result of
personal injury sustained while in the performance of his duty during
the assignment shall be treated, for the purpose of subchapter I of
chapter 81 of this title, as though he were an employee as defined by
section 8101 of this title who had sustained the injury in the
performance of duty. When an employee (or his dependents in case of
death) entitled by reason of injury or death to benefits under
subchapter I of chapter 81 of this title is also entitled to benefits
from a State or local government for the same injury or death, he (or
his dependents in case of death) shall elect which benefits he will
receive. The election shall be made within 1 year after the injury or
death, or such further time as the Secretary of Labor may allow for
reasonable cause shown. When made, the election is irrevocable unless
otherwise provided by law.
(e) If a State or local government fails to continue the employer's
contribution to State or local government retirement, life insurance,
and health benefit plans for a State or local government employee who is
given an appointment in a Federal agency, the employer's contributions
covering the State or local government employee's period of assignment,
or any part thereof, may be made from the appropriations of the Federal
agency concerned.
(Added Pub. L. 91-648, title IV, 402(a), Jan. 5, 1971, 84 Stat.
1923, and amended Pub. L. 95-454, title VI, 603(b), (d), Oct. 13, 1978,
92 Stat. 1190; Pub. L. 97-258, 3(a)(6), Sept. 13, 1982, 96 Stat.
1063.)
The Federal Tort Claims Act, referred to in subsec. (c)(2), is
classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary
and Judicial Procedure.
1982 -- Subsec. (c)(2). Pub. L. 97-258 substituted ''sections 1343,
1344, and 1349(b)'' for ''section 638a''.
1978 -- Subsec. (a). Pub. L. 95-454, 603(b), substituted ''a
Federal'' for ''an executive'', and ''Federal agency'' for ''executive
agency'' in two places.
Subsec. (b). Pub. L. 95-454, 603(b), (d)(1), inserted provisions
relating to nonapplicability of exceptions to non-Federal employees, and
substituted ''Federal'' for ''executive''.
Subsec. (c). Pub. L. 95-454, 603(b), (d)(2), (3), inserted provisions
relating to pay received from the State or local government at less than
the appropriate rate of pay, and provisions relating to contributions to
employee benefit systems, and substituted ''a Federal'' for ''an
executive'' and ''Federal agency'' for ''executive agency'' wherever
appearing.
Subsec. (d). Pub. L. 95-454, 603(b), substituted ''a Federal'' for
''an executive'' in two places.
Subsec. (e). Pub. L. 95-454, 603(b), substituted ''a Federal'' for
''an executive'' and ''Federal'' for ''executive''.
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.
25 section 2804.
05 USC 3375. Travel expenses
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Appropriations of a Federal agency are available to pay, or
reimburse, a Federal or State or local government employee in accordance
with --
(1) subchapter I of chapter 57 of this title, for the expenses of --
(A) travel, including a per diem allowance, to and from the
assignment location;
(B) a per diem allowance at the assignment location during the period
of the assignment; and
(C) travel, including a per diem allowance, while traveling on
official business away from his designated post of duty during the
assignment when the head of the Federal agency considers the travel in
the interest of the United States;
(2) section 5724 of this title, for the expenses of transportation of
his immediate family and of his household goods and personal effects to
and from the assignment location;
(3) section 5724a(a)(1) of this title, for the expenses of per diem
allowances for the immediate family of the employee to and from the
assignment location;
(4) section 5724a(a)(3) of this title, for subsistence expenses of
the employee and his immediate family while occupying temporary quarters
at the assignment location and on return to his former post of duty;
(5) section 5724a(b) of this title, to be used by the employee for
miscellaneous expenses related to change of station where movement or
storage of household goods is involved; and
(6) section 5726(c) of this title, for the expenses of nontemporary
storage of household goods and personal effects in connection with
assignment at an isolated location.
(b) Expenses specified in subsection (a) of this section, other than
those in paragraph (1)(C), may not be allowed in connection with the
assignment of a Federal or State or local government employee under this
subchapter, unless and until the employee agrees in writing to complete
the entire period of his assignment or one year, whichever is shorter,
unless separated or reassigned for reasons beyond his control that are
acceptable to the Federal agency concerned. If the employee violates
the agreement, the money spent by the United States for these expenses
is recoverable from the employee as a debt due the United States. The
head of the Federal agency concerned may waive in whole or in part a
right of recovery under this subsection with respect to a State or local
government employee on assignment with the agency.
(c) Appropriations of a Federal agency are available to pay expenses
under section 5742 of this title with respect to a Federal or State or
local government employee assigned under this subchapter.
(Added Pub. L. 91-648, title IV, 402(a), Jan. 5, 1971, 84 Stat.
1924, and amended Pub. L. 95-454, title VI, 603(b), (e), Oct. 13, 1978,
92 Stat. 1190, 1191.)
1978 -- Subsec. (a). Pub. L. 95-454, 603(b), (e), substituted ''a
Federal agency'' for ''an executive agency'' in introductory text,
substituted ''Federal'' for ''executive'' in cl. (1), added cl. (5),
and redesignated former cl. (5) as (6).
Subsec. (b). Pub. L. 95-454, 603(b), substituted ''the Federal'' for
''the executive''.
Subsec. (c). Pub. L. 95-454, 603(b), substituted ''a Federal agency''
for ''an executive agency''.
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.
05 USC 3376. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe regulations for the administration of
this subchapter.
(Added Pub. L. 91-648, title IV, 402(a), Jan. 5, 1971, 84 Stat.
1925.)
Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, it is
ordered as follows:
Section 1. The Office of Personnel Management is hereby designated
and empowered to exercise, without the approval, ratification, or other
action of the President, the following:
(a) The authority of the President under section 3376 of title 5 of
the United States Code (this section) to prescribe regulations for the
administration of subchapter VI, ''Assignments to and from States,'' of
chapter 33 of that title (this chapter).
(b) The authority of the President under section 205 (a)(4) of the
Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2286(a)(
4)), and as affected by Reorganization Plan No. 1 of 1958 (72 Stat.
1799) (set out in the Appendix to this title), relating to the
establishment and maintenance of personnel standards on the merit basis.
Sec. 2. To the extent that section 1(b) of this order is inconsistent
with the provisions of Executive Order No. 10952 of July 20, 1961, as
amended (set out as a note under section 2271 of Title 50, Appendix, War
and National Defense), section 1(b) shall control.
05 USC SUBCHAPTER VII -- AIR TRAFFIC CONTROLLERS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3381. Training
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An air traffic controller with 5 years of service as a controller
who is to be removed as a controller because the Secretary has
determined --
(1) he is medically disqualified for duties as a controller;
(2) he is unable to maintain technical proficiency as a controller;
or
(3) such removal is necessary for the preservation of the physical or
mental health of the controller;
is entitled to not more than the full-time equivalent of 2 years of
training.
(b) During a period of training under this section, a controller
shall be --
(1) retained at his last assigned grade and rate of basic pay as a
controller;
(2) entitled to each increase in rate of basic pay provided under
law; and
(3) excluded from staffing limitations otherwise applicable.
(c) Upon completion of training under this section, a controller may
be --
(1) assigned to other duties in the Executive agency in which the
controller is employed;
(2) released for transfer to another Executive agency; or
(3) involuntarily separated from the service.
The involuntary separation of a controller under this subsection is
not a removal for cause on charges of misconduct, delinquency, or
inefficiency for purposes of section 5595 or section 8336 of this title.
(d) The Secretary, without regard to section 3324(a) and (b) of title
31, may pay, or reimburse a controller for, all or part of the necessary
expenses of training provided under this section, including expenses
authorized to be paid under chapter 41 and subchapter I of chapter 57 of
this title, and the costs of other services or facilities directly
related to the training of a controller.
(e) Except as provided by subsection (d) of this section, the
provisions of chapter 41 of this title, other than sections 4105(a),
4107(a) and (b), and 4111, shall not apply to training under this
section.
(f) The provisions of this section shall not otherwise affect the
authority of the Secretary to provide training under chapter 41 of this
title or under any other provision of law.
(Added Pub. L. 92-297, 3(a), May 16, 1972, 86 Stat. 142, and amended
Pub. L. 96-347, 1(b), (c)(1), Sept. 12, 1980, 94 Stat. 1150; Pub. L.
97-258, 3(a)(7), Sept. 13, 1982, 96 Stat. 1063.)
For definition of Secretary, referred to in subsec. (a), see section
2109 of this title.
1982 -- Subsec. (d). Pub. L. 97-258 substituted ''section 3324(a)
and (b)'' for ''section 529''.
1980 -- Subsec. (a). Pub. L. 96-347, 1(b), substituted ''Secretary''
for ''Secretary of Transportation''.
Subsec. (c)(1). Pub. L. 96-347, 1(c)(1), substituted ''in the
Executive agency in which the controller is employed'' for ''in the
Department of Transportation''.
Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,
1980, see section 3 of Pub. L. 96-347, set out as a note under section
2109 of this title.
Section 10 of Pub. L. 92-297 provided that: ''This Act (enacting
this subchapter and section 2109 of this title, amending sections 3307,
8332, 8334 to 8336, 8339, 8341, 8344 of this title, enacting provisions
set out as notes under this section and section 8335 of this title, and
repealing provisions set out as a note under section 3307 of this title)
shall become effective at the beginning of the ninetieth day after the
date of enactment of this Act (May 16, 1972).''
Section 9 of Pub. L. 92-297 directed the Secretary of Transportation
to report to Congress no later than 5 years after May 16, 1972,
concerning his operations under the amendments made by Pub. L. 92-297,
including a detailed statement of the effectiveness of Pub. L. 92-297
in meeting the needs of the Air Traffic Controller career program and of
the air traffic control system plus recommendations for the management
of the program or the system.
05 USC 3382. Involuntary separation for retirement
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An air traffic controller who is eligible for immediate retirement
under section 8336 of this title may be separated involuntarily from the
service if the Secretary determines that the separation of the
controller is necessary in the interest of --
(1) aviation safety;
(2) the efficient control of air traffic; or
(3) the preservation of the physical or mental health of the
controller.
Chapter 75 of this title does not apply to a determination or action
under this section. Separation under this section shall not become
final, without the consent of the controller, until the last day of the
second month following the day the controller receives a notification of
the determination by the Secretary under this section, or, if a review
is requested under section 3383 of this title, the last day of the month
in which a final decision is issued by a board of review under section
3383(c) of this title, whichever is later. A controller who is to be
separated under this section is entitled to training under section 3381
of this title. Separation of such a controller who elects to receive
training under section 3381 shall not become final until the last day of
the month following the completion of his training.
(Added Pub. L. 92-297, 3(a), May 16, 1972, 86 Stat. 142, and amended
Pub. L. 96-347, 1(b), Sept. 12, 1980, 94 Stat. 1150.)
For definition of Secretary, referred to in text, see section 2109 of
this title.
1980 -- Pub. L. 96-347 in provisions preceding par. (1) substituted
''Secretary determines'' for ''Secretary of Transportation determines''.
Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,
1980, see section 3 of Pub. L. 96-347, set out as a note under section
2109 of this title.
Section effective on 90th day after May 16, 1972, see section 10 of
Pub. L. 92-297, set out as a note under section 3381 of this title.
05 USC 3383. Determinations; review procedures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An air traffic controller subject to a determination by the
Secretary under section 3381(a) or section 3382 of this title, shall be
furnished a written notice of the determination and the reasons
therefor, and a notification that the controller has 15 days after the
receipt of the notification within which to file a written request for
reconsideration of the determination. Unless the controller files such
a request within the 15 days, or unless the determination is rescinded
by the Secretary within the 15 days, the determination shall be final.
(b) If the Secretary does not rescind his determination within 15
days after his receipt of the written request filed by the controller
under subsection (a) of this section, the Secretary shall immediately
convene a board of review, consisting of --
(1) a person designated by the controller;
(2) a representative of the Executive agency in which the controller
is employed designated by the Secretary; and
(3) a representative of the Merit Systems Protection Board,
designated by the Chairman, who shall serve as chairman of the board of
review.
(c) The board of review shall review evidence supporting and
inconsistent with the determination of the Secretary and, within a
period of 30 days after being convened, shall issue its findings and
furnish copies thereof to the Secretary and the controller. The board
may approve or rescind the determination of the Secretary. A decision
by the board under this subsection is final. The Secretary shall take
such action as may be necessary to carry out the decision of the board.
(d) Except as provided under section 3382 of this title, the review
procedure of this section is in addition to any other review or appeal
procedures provided under any other provision of law, but is the sole
and exclusive administrative remedy available to a controller within the
Executive agency in which such controller is employed.
(Added Pub. L. 92-297, 3(a), May 16, 1972, 86 Stat. 143, and amended
Pub. L. 95-454, title IX, 906(a)(6), Oct. 13, 1978, 92 Stat. 1225; Pub.
L. 96-347, 1(b), (c)(2), (3), Sept. 12, 1980, 94 Stat. 1150.)
For definition of Secretary, referred to in text, see section 2109 of
this title.
1980 -- Subsec. (a). Pub. L. 96-347, 1(b), substituted ''Secretary
under'' for ''Secretary of Transportation under''.
Subsec. (b)(2). Pub. L. 96-347, 1(c)(2), substituted ''the Executive
agency in which the controller is employed'' for ''the Department of
Transportation''.
Subsec. (d). Pub. L. 96-347, 1(c)(3), substituted ''within the
Executive agency in which such controller is employed'' for ''within the
Department of Transportation''.
1978 -- Subsec. (b)(3). Pub. L. 95-454 substituted ''Merit Systems
Protection Board'' for ''Civil Service Commission''.
Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,
1980, see section 3 of Pub. L. 96-347, set out as a note under section
2109 of this title.
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 effective on 90th day after May 16, 1972, see section 10 of
Pub. L. 92-297, set out as a note under section 3381 of this title.
05 USC 3384. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Secretary is authorized to issue regulations to carry out the
provisions of this subchapter.
(Added Pub. L. 92-297, 3(a), May 16, 1972, 86 Stat. 143, and amended
Pub. L. 96-347, 1(b), Sept. 12, 1980, 94 Stat. 1150.)
For definition of Secretary, referred to in text, see section 2109 of
this title.
1980 -- Pub. L. 96-347 substituted ''Secretary'' for ''Secretary of
Transportation''.
Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,
1980, see section 3 of Pub. L. 96-347, set out as a note under section
2109 of this title.
Section effective on 90th day after May 16, 1972, see section 10 of
Pub. L. 92-297, set out as a note under section 3381 of this title.
05 USC 3385. Effect on other authority
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
This subchapter shall not limit the authority of the Secretary to
reassign temporarily an air traffic controller to other duties with or
without notice, in the interest of the safe or efficient separation and
control of air traffic or the physical or mental health of a controller;
or to reassign permanently or separate a controller under any other
provision of law.
(Added Pub. L. 92-297, 3(a), May 16, 1972, 86 Stat. 143, and amended
Pub. L. 96-347, 1(b), Sept. 12, 1980, 94 Stat. 1150.)
For definition of Secretary, referred to in text, see section 2109 of
this title.
1980 -- Pub. L. 96-347 substituted ''Secretary'' for ''Secretary of
Transportation''.
Amendment by Pub. L. 96-347 effective on 90th day after Sept. 12,
1980, see section 3 of Pub. L. 96-347, set out as a note under section
2109 of this title.
Section effective on 90th day after May 16, 1972, see section 10 of
Pub. L. 92-297, set out as a note under section 3381 of this title.
05 USC SUBCHAPTER VIII -- APPOINTMENT, REASSIGNMENT, TRANSFER, AND
DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
A prior subchapter VIII, added Pub. L. 95-437, 3(a), Oct. 10, 1978,
92 Stat. 1056, which related to part-time career employment
opportunities, was redesignated as chapter 34 of this title by Pub. L.
95-454, title IX, 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226.
05 USC 3391. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter, ''agency'', ''Senior Executive
Service position'', ''senior executive'', ''career appointee'',
''limited term appointee'', ''limited emergency appointee'', ''noncareer
appointee'', and ''general position'' have the meanings set forth in
section 3132(a) of this title.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1161.)
A prior section 3391, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1056, which related to definitions for part-time career
employment opportunities, was renumbered as section 3401 of this title
by Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92 Stat.
1226.
Subchapter effective 9 months after Oct. 13, 1978, and congressional
review of provisions of sections 401 through 412 of Pub. L. 95-454, see
section 415(a)(1), (b) of Pub. L. 95-454, set out as an Effective Date
note under section 3131 of this title.
05 USC 3392. General appointment provisions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Qualification standards shall be established by the head of each
agency for each Senior Executive Service position in the agency --
(1) in accordance with requirements established by the Office of
Personnel Management, with respect to standards for career reserved
positions, and
(2) after consultation with the Office, with respect to standards for
general positions.
(b) Not more than 30 percent of the Senior Executive Service
positions authorized under section 3133 of this title may at any time be
filled by individuals who did not have 5 years of current continuous
service in the civil service immediately preceding their initial
appointment to the Senior Executive Service, unless the President
certifies to the Congress that the limitation would hinder the
efficiency of the Government. In applying the preceding sentence, any
break in service of 3 days or less shall be disregarded.
(c)(1) If a career appointee is appointed by the President, by and
with the advice and consent of the Senate, to a civilian position in the
executive branch which is not in the Senior Executive Service, and the
rate of basic pay payable for which is equal to or greater than the rate
payable for level V of the Executive Schedule, the career appointee may
elect (at such time and in such manner as the Office may prescribe) to
continue to have the provisions of this title relating to basic pay,
performance awards, awarding of ranks, severance pay, leave, and
retirement apply as if the career appointee remained in the Senior
Executive Service position from which he was appointed. Such provisions
shall apply in lieu of the provisions which would otherwise apply --
(A) to the extent provided under regulations prescribed by the
Office, and
(B) so long as the appointee continues to serve under such
Presidential appointment.
(2) An election under paragraph (1) may also be made by any career
appointee who is appointed to a civilian position in the executive
branch --
(A) which is not in the Senior Executive Service; and
(B) which is covered by the Executive Schedule, or the rate of basic
pay for which is fixed by statute at a rate equal to 1 of the levels of
the Executive Schedule.
An election under this paragraph shall remain effective so long as
the appointee continues to serve in the same position.
(d) Appointment or removal of a person to or from any Senior
Executive Service position in an independent regulatory commission shall
not be subject, directly or indirectly, to review or approval by any
officer or entity within the Executive Office of the President.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1161, and amended Pub. L. 101-335, 7(a), July 17, 1990, 104 Stat. 325.)
The Executive Schedule, referred to in subsec. (c), is set out as
section 5311 et seq. of this title.
A prior section 3392, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1056, which related to the establishment of part-time career
employment programs, was renumbered as section 3402 of this title by
Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
1990 -- Subsec. (c). Pub. L. 101-335 designated existing provisions
as par. (1), redesignated former pars. (1) and (2) as subpars. (A)
and (B), respectively, and added par. (2).
Section 7(b)(1) of Pub. L. 101-335 provided that: ''The amendments
made by this section (amending this section) shall take effect on the
date of enactment of this Act (July 17, 1990).''
Section 7(b)(2) of Pub. L. 101-335 provided that: ''The Office of
Personnel Management shall prescribe regulations (including procedures
and deadlines) under which an election under section 3392(c)(2) of title
5, United States Code (as amended by this section) may be made by any
individual who --
''(A) on the date of enactment of this Act (July 17, 1990), is
serving in a civilian position in the executive branch which --
''(i) is not in the Senior Executive Service; and
''(ii) satisfies section 3392(c)(2)(B) of such title 5 (as so
amended);
''(B) was appointed to that position on or after November 1, 1986,
and has served continuously in such position since then;
''(C) was a career appointee (within the meaning of section 3132(a)(
4) of such title 5) immediately before having been so appointed; and
''(D) was not, based on such individual's appointment to the position
described in subparagraph (A), eligible to make an election under
section 3392(c) of such title 5 (as then in effect).
An election under this paragraph shall be effective as of the date of
appointment to the position described in subparagraph (A).''
05 USC 3393. Career appointments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each agency shall establish a recruitment program, in accordance
with guidelines which shall be issued by the Office of Personnel
Management, which provides for recruitment of career appointees from --
(1) all groups of qualified individuals within the civil service;
or
(2) all groups of qualified individuals whether or not within the
civil service.
(b) Each agency shall establish one or more executive resources
boards, as appropriate, the members of which shall be appointed by the
head of the agency from among employees of the agency or commissioned
officers of the uniformed services serving on active duty in such
agency. The boards shall, in accordance with merit staffing
requirements established by the Office, conduct the merit staffing
process for career appointees, including --
(1) reviewing the executive qualifications of each candidate for a
position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing
authority concerning such candidates.
(c)(1) The Office shall establish one or more qualifications review
boards, as appropriate. It is the function of the boards to certify the
executive qualifications of candidates for initial appointment as career
appointees in accordance with regulations prescribed by the Office. Of
the members of each board more than one-half shall be appointed from
among career appointees. Appointments to such boards shall be made on a
non-partisan basis, the sole selection criterion being the professional
knowledge of public management and knowledge of the appropriate
occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification
review boards, prescribe criteria for establishing executive
qualifications for appointment of career appointees. The criteria shall
provide for --
(A) consideration of demonstrated executive experience;
(B) consideration of successful participation in a career executive
development program which is approved by the Office; and
(C) sufficient flexibility to allow for the appointment of
individuals who have special or unique qualities which indicate a
likelihood of executive success and who would not otherwise be eligible
for appointment.
(d) An individual's initial appointment as a career appointee shall
become final only after the individual has served a 1-year probationary
period as a career appointee.
(e) Each career appointee shall meet the executive qualifications of
the position to which appointed, as determined in writing by the
appointing authority.
(f) The title of each career reserved position shall be published in
the Federal Register.
(g) A career appointee may not be removed from the Senior Executive
Service or civil service except in accordance with the applicable
provisions of sections 1215, 3393a, 3592, 3595, 7532, or 7543 of this
title.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1161, and amended Pub. L. 97-35, title XVII, 1704(c), Aug. 13, 1981, 95
Stat. 758; Pub. L. 98-615, title III, 306(b)(1), Nov. 8, 1984, 98 Stat.
3220; Pub. L. 101-12, 9(b), Apr. 10, 1989, 103 Stat. 35; Pub. L.
101-194, title V, 506(b)(2), Nov. 30, 1989, 103 Stat. 1758; Pub. L.
101-280, 6(d)(1), May 4, 1990, 104 Stat. 160.)
A prior section 3393, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1057, which related to limitations concerning part-time career
employment opportunities, was renumbered as section 3403 of this title
by Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92 Stat.
1226.
1990 -- Subsec. (g). Pub. L. 101-280 made technical correction to
directory language of Pub. L. 101-194, see 1989 Amendment below.
1989 -- Subsec. (g). Pub. L. 101-194, as amended by Pub. L.
101-280, inserted ''3393a,'' after ''1215,''.
Pub. L. 101-12 substituted ''1215'' for ''1207''.
1984 -- Subsec. (b). Pub. L. 98-615 inserted provision referring to
commissioned officers of the uniformed services serving on active duty
in such agency in provisions preceding par. (1).
1981 -- Subsec. (g). Pub. L. 97-35 added subsec. (g).
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this
title.
Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,
1989, see section 11 of Pub. L. 101-12, set out as a note under section
1201 of this title.
Amendment by Pub. L. 98-615 effective following expiration of 90-day
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615,
set out as a note under section 3135 of this title.
Amendment by Pub. L. 97-35 effective June 1, 1981, with certain
exceptions and conditions, see section 1704(e) of Pub. L. 97-35, set
out as an Effective Date note under section 3595 of this title.
05 USC 3393a. Recertification
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) In order to ensure that the performance of career appointees
demonstrates the excellence needed to meet the goals of the Senior
Executive Service, as set forth in section 3131, each career appointee
shall be subject to recertification by the employing agency in
accordance with the provisions of this section.
(2) Beginning in calendar year 1991, and recurring every third
calendar year thereafter, the head of an agency shall determine a time
during such calendar year when the performance of career appointees in
the agency shall be subject to recertification. Recertification shall
not be required of any career appointee who has not been continuously
employed as a senior executive for the 156 weeks preceding the time
determined for the recertification. For the purposes of the previous
sentence, a break in service of 6 months shall be deemed not to
interrupt the 156 weeks of continuous employment.
(b) The supervising official of each career appointee shall submit to
a performance review board established by the agency under section 4314
a recommendation as to whether the career appointee's performance
justifies recertification as a senior executive, based on such factors
as the career appointee's performance ratings for the 3 preceding years
under section 4314, any award or other recognition received by the
career appointee, any developmental activities of the career appointee,
and any other relevant factors. The supervising official's
recommendation shall reflect that official's view as to whether the
career appointee's overall performance over the 3 preceding years has
demonstrated the excellence expected of a senior executive in relation
to the written performance requirements for the career appointee's
senior executive position as established under section 4312(b). The
career appointee may submit to the performance review board a statement
of accomplishments and other documentation giving evidence of the
quality of the career appointee's performance.
(c)(1) After considering the recommendation and other information
received under subsection (b), the performance review board shall submit
to the appointing authority a recommendation as to whether the career
appointee should be recertified, conditionally recertified, or not
recertified as a senior executive. If the board proposes to recommend
conditional recertification or nonrecertification, then the affected
appointee shall be so notified and shall have the opportunity to appear
before the performance review board. If the board is recommending that
the career appointee be recertified, the board may also recommend that
the career appointee's rate of basic pay be increased to a higher rate
established under section 5382. If the board is recommending that the
career appointee be conditionally recertified, the board may recommend
that the career appointee's pay be reduced to the next lower rate
established under section 5382. The board shall also provide to the
appointing authority the recommendation and other information received
under subsection (b).
(2) More than one-half of the members of a performance review board
under this section shall consist of career appointees. The requirement
of the preceding sentence shall not apply in any case in which the
Office of Personnel Management determines that there exists an
insufficient number of career appointees available to comply with the
requirement.
(d)(1) If the appointing authority determines that the career
appointee's performance during the preceding 3 years demonstrates the
excellence expected of a senior executive, the appointing authority
shall recommend to the head of the agency that the career appointee be
recertified as a senior executive.
(2) If the appointing authority determines that the career
appointee's performance has not demonstrated the excellence expected of
a senior executive, the appointing authority shall recommend to the head
of the agency that the career appointee be conditionally recertified as
a senior executive or not be recertified as a senior executive.
(e)(1) If the head of the agency decides that the career appointee's
performance warrants recertification as a senior executive, the career
appointee shall continue in the Senior Executive Service. If a career
appointee is recertified as a senior executive, the career appointee's
rate of basic pay may not be reduced at the time of recertification.
(2) If the head of the agency decides that the career appointee's
performance does not warrant full recertification, but does warrant
conditional recertification, the career appointee --
(A) shall remain a career appointee in the Senior Executive Service;
(B) shall be subject to continuing close review of the career
appointee's performance by the supervising official in coordination with
an executive resources board established under section 3393, in
accordance with a performance improvement plan developed by the
supervising official and subject to the approval of the executive
resources board;
(C) may, if the head of the agency so determines, be reduced to the
next lower rate of basic pay established under section 5382; and
(D) shall be removed from the Senior Executive Service if the career
appointee is not recertified as a senior executive at the end of the
12-month period following the conditional recertification.
If, at the end of the 12-month period following the conditional
recertification, the career appointee is recertified as a senior
executive, any reduction that was made in the career appointee's rate of
basic pay under subparagraph (C) shall be restored prospectively.
(3) If the head of the agency decides that the career appointee's
performance does not demonstrate that the career appointee qualifies for
recertification or conditional recertification as a senior executive,
the career appointee shall be removed from the Senior Executive Service
in accordance with section 3592.
(f) The Office of Personnel Management shall prescribe standards and
procedures to ensure consistency and fairness for the process of
recertification under this section.
(Added Pub. L. 101-194, title V, 506(a)(1), Nov. 30, 1989, 103 Stat.
1756.)
Section effective Jan. 1, 1991, see section 506(d) of Pub. L.
101-194, set out as an Effective Date of 1989 Amendment note under
section 3151 of this title.
section 1601; title 22 section 3945.
05 USC 3394. Noncareer and limited appointments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each noncareer appointee, limited term appointee, and limited
emergency appointee shall meet the qualifications of the position to
which appointed, as determined in writing by the appointing authority.
(b) An individual may not be appointed as a limited term appointee or
as a limited emergency appointee without the prior approval of the
exercise of such appointing authority by the Office of Personnel
Management.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1162.)
A prior section 3394, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1057, which related to personnel ceilings, was renumbered as
section 3404 of this title by Pub. L. 95-454, title IX, 906(c)(1)(B),
Oct. 13, 1978, 92 Stat. 1226.
05 USC 3395. Reassignment and transfer within the Senior Executive
Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) A career appointee in an agency --
(A) may, subject to paragraph (2) of this subsection, be reassigned
to any Senior Executive Service position in the same agency for which
the appointee is qualified; and
(B) may transfer to a Senior Executive Service position in another
agency for which the appointee is qualified, with the approval of the
agency to which the appointee transfers.
(2)(A) Except as provided in subparagraph (B) of this paragraph, a
career appointee may be reassigned to any Senior Executive Service
position only if the career appointee receives written notice of the
reassignment at least 15 days before the effective date of such
reassignment.
(B)(i) A career appointee may not be reassigned to a Senior Executive
Service position outside the career appointee's commuting area unless --
(I) before providing notice under subclause (II) of this clause (or
seeking or obtaining the consent of the career appointee under clause
(ii) of this subparagraph to waive such notice), the agency consults
with the career appointee on the reasons for, and the appointee's
preferences with respect to, the proposed reassignment; and
(II) the career appointee receives written notice of the
reassignment, including a statement of the reasons for the reassignment,
at least 60 days before the effective date of the reassignment.
(ii) Notice of reassignment under clause (i)(II) of this subparagraph
may be waived with the written consent of the career appointee involved.
(b)(1) Notwithstanding section 3394(b) of this title, a limited
emergency appointee may be reassigned to another Senior Executive
Service position in the same agency established to meet a bona fide,
unanticipated, urgent need, except that the appointee may not serve in
one or more positions in such agency under such appointment in excess of
18 months.
(2) Notwithstanding section 3394(b) of this title, a limited term
appointee may be reassigned to another Senior Executive Service position
in the same agency the duties of which will expire at the end of a term
of 3 years or less, except that the appointee may not serve in one or
more positions in the agency under such appointment in excess of 3
years.
(c) A limited term appointee or a limited emergency appointee may not
be appointed to, or continue to hold, a position under such an
appointment if, within the preceding 48 months, the individual has
served more than 36 months, in the aggregate, under any combination of
such types of appointment.
(d) A noncareer appointee in an agency --
(1) may be reassigned to any general position in the agency for which
the appointee is qualified; and
(2) may transfer to a general position in another agency with the
approval of the agency to which the appointee transfers.
(e)(1) Except as provided in paragraph (2) of this subsection, a
career appointee in an agency may not be involuntarily reassigned --
(A) within 120 days after an appointment of the head of the agency;
or
(B) within 120 days after the appointment in the agency of the career
appointee's most immediate supervisor who --
(i) is a noncareer appointee; and
(ii) has the authority to make an initial appraisal of the career
appointee's performance under subchapter II of chapter 43.
(2) Paragraph (1) of this subsection does not apply with respect to
--
(A) any reassignment under section 4314(b)(3) of this title; or
(B) any disciplinary action initiated before an appointment referred
to in paragraph (1) of this subsection.
(3) For the purpose of applying paragraph (1) to a career appointee,
any days (not to exceed a total of 60) during which such career
appointee is serving pursuant to a detail or other temporary assignment
apart from such appointee's regular position shall not be counted in
determining the number of days that have elapsed since an appointment
referred to in subparagraph (A) or (B) of such paragraph.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1163, and amended Pub. L. 98-615, title III, 304(a), Nov. 8, 1984, 98
Stat. 3218; Pub. L. 102-175, 3, Dec. 2, 1991, 105 Stat. 1222.)
A prior section 3395, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1057, which related to nonapplicability of part-time career
employment opportunities program was renumbered as section 3405 of this
title by Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92
Stat. 1226.
1991 -- Subsec. (e)(1)(B)(ii). Pub. L. 102-175, 3(1), amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as follows: ''has
the authority to reassign the career appointee.''
Subsec. (e)(3). Pub. L. 102-175, 3(2), added par. (3).
1984 -- Subsec. (a)(2). Pub. L. 98-615 designated existing
provisions as subpar. (A), inserted exception relating to subpar. (B),
and added subpar. (B).
Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section 307
of Pub. L. 98-615, set out as a note under section 3135 of this title.
05 USC 3396. Development for and within the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall establish programs for
the systematic development of candidates for the Senior Executive
Service and for the continuing development of senior executives, or
require agencies to establish such programs which meet criteria
prescribed by the Office.
(b) The Office shall assist agencies in the establishment of programs
required under subsection (a) of this section and shall monitor the
implementation of the programs. If the Office finds that any agency's
program under subsection (a) of this section is not in compliance with
the criteria prescribed under such subsection, it shall require the
agency to take such corrective action as may be necessary to bring the
program into compliance with the criteria.
(c)(1) The head of an agency may grant a sabbatical to any career
appointee for not to exceed 11 months in order to permit the appointee
to engage in study or uncompensated work experience which will
contribute to the appointee's development and effectiveness. A
sabbatical shall not result in loss of, or reduction in, pay, leave to
which the career appointee is otherwise entitled, credit for time or
service, or performance or efficiency rating. The head of the agency
may authorize in accordance with chapter 57 of this title such travel
expenses (including per diem allowances) as the head of the agency may
determine to be essential for the study or experience.
(2) A sabbatical under this subsection may not be granted to any
career appointee --
(A) more than once in any 10-year period;
(B) unless the appointee has completed 7 years of service --
(i) in one or more positions in the Senior Executive Service;
(ii) in one or more other positions in the civil service the level of
duties and responsibilities of which are equivalent to the level of
duties and responsibilities of positions in the Senior Executive
Service; or
(iii) in any combination of such positions, except that not less than
2 years of such 7 years of service must be in the Senior Executive
Service; and
(C) if the appointee is eligible for voluntary retirement with a
right to an immediate annuity under section 8336 of this title.
Any period of assignment under section 3373 of this title, relating
to assignments of employees to State and local governments, shall not be
considered a period of service for the purpose of subparagraph (B) of
this paragraph.
(3)(A) Any career appointee in an agency may be granted a sabbatical
under this subsection only if the appointee agrees, as a condition of
accepting the sabbatical, to serve in the civil service upon the
completion of the sabbatical for a period of 2 consecutive years.
(B) Each agreement required under subparagraph (A) of this paragraph
shall provide that in the event the career appointee fails to carry out
the agreement (except for good and sufficient reason as determined by
the head of the agency who granted the sabbatical) the appointee shall
be liable to the United States for payment of all expenses (including
salary) of the sabbatical. The amount shall be treated as a debt due
the United States.
(d)(1) The Office shall encourage and assist individuals to improve
their skills and increase their contribution by service in a variety of
agencies as well as by accepting temporary placements in State or local
governments or in the private sector.
(2) In order to promote the professional development of career
appointees and to assist them in achieving their maximum levels of
proficiency, the Office shall, in a manner consistent with the needs of
the Government provide appropriate informational services and otherwise
encourage career appointees to take advantage of any opportunities
relating to --
(A) sabbaticals;
(B) training; or
(C) details or other temporary assignments in other agencies, State
or local governments, or the private sector.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1163, and amended Pub. L. 102-175, 4, Dec. 2, 1991, 105 Stat. 1223.)
A prior section 3396, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1057, which related to issuance of regulations, was renumbered as
section 3406 of this title by Pub. L. 95-454, title IX, 906(c)(1)(B),
Oct. 13, 1978, 92 Stat. 1226.
1991 -- Subsec. (d). Pub. L. 102-175 designated existing provisions
as par. (1) and added par. (2).
05 USC 3397. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall prescribe regulations to
carry out the purpose of this subchapter.
(Added Pub. L. 95-454, title IV, 403(a), Oct. 13, 1978, 92 Stat.
1164.)
A prior section 3397, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1058, which related to reports, was renumbered as section 3407 of
this title by Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92
Stat. 1226.
A prior section 3398, added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92
Stat. 1058, which related to representation by employee organizations
of employees employed on a part-time career employment basis, was
renumbered as section 3408 of this title by Pub. L. 95-454, title IX,
906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.
05 USC CHAPTER 34 -- PART-TIME CAREER EMPLOYMENT OPPORTUNITIES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
3401. Definitions.
3402. Establishment of part-time career employment programs.
3403. Limitations.
3404. Personnel ceilings.
3405. Nonapplicability.
3406. Regulations.
3407. Reports.
3408. Employee organization representation.
1978 -- Pub. L. 95-437, 3(b), Oct. 10, 1978, 92 Stat. 1058, added
items 3391 to 3398, which were renumbered 3401 to 3408 by Pub. L.
95-454, title IX, 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226, which
section also substituted ''CHAPTER 34'' for ''SUBCHAPTER VIII'' in
heading.
05 USC 3401. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this chapter --
(1) ''agency'' means --
(A) an Executive agency;
(B) a military department;
(C) an agency in the judicial branch;
(D) the Library of Congress;
(E) the Botanic Garden; and
(F) the Office of the Architect of the Capitol; but does not include
--
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Island /1/ Corporation;
(iv) the Panama Canal Company;
(v) the Federal Bureau of Investigation, Department of Justice;
(vi) the Central Intelligence Agency; and
(vii) the National Security Agency, Department of Defense; and
(2) ''part-time career employment'' means part-time employment of 16
to 32 hours a week (or 32 to 64 hours during a biweekly pay period in
the case of a flexible or compressed work schedule under subchapter II
of chapter 61 of this title) under a schedule consisting of an equal or
varied number of hours per day, whether in a position which would be
part-time without regard to this section or one established to allow
job-sharing or comparable arrangements, but does not include employment
on a temporary or intermittent basis.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1056, 3391,
renumbered and amended Pub. L. 95-454, title IX, 906(c)(1)(B), (2)(A),
Oct. 13, 1978, 92 Stat. 1226; Pub. L. 97-221, 3, July 23, 1982, 96
Stat. 233; Pub. L. 97-468, title VI, 615(b)(1)(B), Jan. 14, 1983, 96
Stat. 2578.)
For definition of Panama Canal Company, referred to in par. (1)(iv),
see section 3602(b) of Title 22, Foreign Relations and Intercourse.
1983 -- Par. (1)(iii) to (viii). Pub. L. 97-468 struck out cl.
(iii) which excluded the Alaska Railroad, and redesignated cls. (iv) to
(viii) as (iii) to (vii), respectively.
1982 -- Par. (2). Pub. L. 97-221 inserted ''(or 32 to 64 hours
during a biweekly pay period in the case of a flexible or compressed
work schedule under subchapter II of chapter 61 of this title)'' after
''week''.
1978 -- Pub. L. 95-454, 906(c)(2)(A), substituted ''chapter'' for
''subchapter''.
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
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 1 of Pub. L. 95-437 provided that: ''This Act (enacting
this chapter, amending sections 8347, 8716, 8906, and 8913 of this
title, and enacting provisions set out as notes under this section and
sections 3407 and 8906 of this title) may be cited as the 'Federal
Employees Part-Time Career Employment Act of 1978'.''
Section 2 of Pub. L. 95-437 provided that:
''(a) The Congress finds that --
''(1) many individuals in our society possess great productive
potential which goes unused because they cannot meet the requirements of
a standard workweek; and
''(2) part-time permanent employment --
''(A) provides older individuals with a gradual transition into
retirement;
''(B) provides employment opportunities to handicapped individuals or
others who require a reduced workweek;
''(C) provides parents opportunities to balance family
responsibilities with the need for additional income;
''(D) benefits students who must finance their own education or
vocational training;
''(E) benefits the Government, as an employer, by increasing
productivity and job satisfaction, while lowering turnover rates and
absenteeism, offering management more flexibility in meeting work
requirements, and filling shortages in various occupations; and
''(F) benefits society by offering a needed alternative for those
individuals who require or prefer shorter hours (despite the reduced
income), thus increasing jobs available to reduce unemployment while
retaining the skills of individuals who have training and experience.
''(b) The purpose of this Act (enacting this chapter, amending
sections 8347, 8716, 8906, and 8913 of this title, and enacting
provisions set out as notes under this section and sections 3407 and
8906 of this title) is to provide increased part-time career employment
opportunities throughout the Federal Government.''
/1/ So in original. Probably should be ''Islands''.
05 USC 3402. Establishment of part-time career employment programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) In order to promote part-time career employment opportunities
in all grade levels, the head of each agency, by regulation, shall
establish and maintain a program for part-time career employment within
such agency. Such regulations shall provide for --
(A) the review of positions which, after such positions become
vacant, may be filled on a part-time career employment basis (including
the establishment of criteria to be used in identifying such positions);
(B) procedures and criteria to be used in connection with
establishing or converting positions for part-time career employment,
subject to the limitations of section 3403 of this title;
(C) annual goals for establishing or converting positions for
part-time career employment, and a timetable setting forth interim and
final deadlines for achieving such goals;
(D) a continuing review and evaluation of the part-time career
employment program established under such regulations; and
(E) procedures for notifying the public of vacant part-time positions
in such agency, utilizing facilities and funds otherwise available to
such agency for the dissemination of information.
(2) The head of each agency shall provide for communication between,
and coordination of the activities of, the individuals within such
agency whose responsibilities relate to the part-time career employment
program established within that agency.
(3) Regulations established under paragraph (1) of this subsection
may provide for such exceptions as may be necessary to carry out the
mission of the agency.
(b)(1) The Office of Personnel Management, by regulation, shall
establish and maintain a program under which it shall, on the request of
an agency, advise and assist such agency in the establishment and
maintenance of its part-time career employment program under this
chapter.
(2) The Office shall conduct a research and demonstration program
with respect to part-time career employment within the Federal
Government. In particular, such program shall be directed to --
(A) determining the extent to which part-time career employment may
be used in filling positions which have not traditionally been open for
such employment on any extensive basis, such as supervisory, managerial,
and professional positions;
(B) determining the extent to which job-sharing arrangements may be
established for various occupations and positions; and
(C) evaluating attitudes, benefits, costs, efficiency, and
productivity associated with part-time career employment, as well as its
various sociological effects as a mode of employment.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1056, 3392,
renumbered and amended Pub. L. 95-454, title IX, 906(c)(1)(B), (2)(B),
Oct. 13, 1978, 92 Stat. 1226.)
1978 -- Subsec. (a)(1)(B). Pub. L. 95-454, 906(c)(2)(B)(i),
substituted ''3403'' for ''3393''.
Subsec. (b)(1). Pub. L. 95-454, 906(c)(2)(B)(ii), substituted
''Office of Personnel Management'' for ''Civil Service Commission'' and
''chapter'' for ''subchapter''.
Subsec. (b)(2). Pub. L. 95-454, 906(c)(2)(B)(iii), substituted
''Office'' for ''Commission''.
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.
05 USC 3403. Limitations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An agency shall not abolish any position occupied by an employee
in order to make the duties of such position available to be performed
on a part-time career employment basis.
(b) Any person who is employed on a full-time basis in an agency
shall not be required to accept part-time employment as a condition of
continued employment.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1057, 3393,
renumbered Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92
Stat. 1226.)
05 USC 3404. Personnel ceilings
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
In administering any personnel ceiling applicable to an agency (or
unit therein), an employee employed by such agency on a part-time career
employment basis shall be counted as a fraction which is determined by
dividing 40 hours into the average number of hours of such employee's
regularly scheduled workweek. This section shall become effective on
October 1, 1980.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1057, 3394,
renumbered Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92
Stat. 1226.)
05 USC 3405. Nonapplicability
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) If, on the date of enactment of this chapter, there is in effect
with respect to positions within an agency a collective-bargaining
agreement which establishes the number of hours of employment a week,
then this chapter shall not apply to those positions.
(b) This chapter shall not require part-time career employment in
positions the rate of basic pay for which is fixed at a rate equal to or
greater than the minimum rate payable under section 5376.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1057, 3405,
renumbered and amended Pub. L. 95-454, title IX, 906(c)(1)(B), (2)(C),
Oct. 13, 1978, 92 Stat. 1226, 1227; Pub. L. 101-509, title V, 529
(title I, 101(b)(9)(D)), Nov. 5, 1990, 104 Stat. 1427, 1441.)
The date of enactment of this chapter, referred to in subsec. (a), is
the date of the enactment of Pub. L. 95-437, which was approved Oct.
10, 1978.
1990 -- Subsec. (b). Pub. L. 101-509 substituted ''payable under
section 5376'' for ''fixed for GS-16 of the General Schedule''.
1978 -- Subsecs. (a), (b). Pub. L. 95-454, 906(c)(2)(C),
substituted ''chapter'' for ''subchapter'' wherever appearing.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
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.
05 USC 3406. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Before any regulation is prescribed under this chapter, a copy of the
proposed regulation shall be published in the Federal Register and an
opportunity provided to interested parties to present written comment
and, where practicable, oral comment. Initial regulations shall be
prescribed not later than 180 days after the date of the enactment of
this chapter.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1057, 3396,
renumbered and amended Pub. L. 95-454, title IX, 906(c)(1)(B), (2)(C),
Oct. 13, 1978, 92 Stat. 1226, 1227.)
The date of the enactment of this chapter, referred to in text, is
the date of the enactment of Pub. L. 95-437, which was approved Oct.
10, 1978.
1978 -- Pub. L. 95-454, 906(c)(2)(C), substituted ''chapter'' for
''subchapter'' wherever appearing.
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.
05 USC 3407. Reports
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each agency shall prepare and transmit on a biannual basis a
report to the Office of Personnel Management on its activities under
this subchapter, including --
(1) details on such agency's progress in meeting part-time career
employment goals established under section 3402 of this title; and
(2) an explanation of any impediments experienced by such agency in
meeting such goals or in otherwise carrying out the provisions of this
chapter, together with a statement of the measures taken to overcome
such impediments.
(b) The Office shall include in its annual report under section 1308
of this title a statement of its activities under this chapter, and a
description and evaluation of the activities of agencies in carrying out
the provisions of this chapter.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1058, 3397,
renumbered and amended Pub. L. 95-454, title IX, 906(c)(1)(B), (2)(D),
(E), Oct. 13, 1978, 92 Stat. 1226, 1227.)
Section 1308 of this title, referred to in subsec. (b), was amended
by section 121 of Pub. L. 96-470 which in part repealed section 1308(
a) relating to the annual report of the Office of Personnel Management.
1978 -- Subsec. (a). Pub. L. 95-454, 906(c)(2)(D), substituted
''Office of Personnel Management'' for ''Civil Service Commission'',
''3402'' for ''3392'' in par. (1), and ''chapter'' for ''subchapter''
in par. (2).
Subsec. (b). Pub. L. 95-454, 906(c)(2)(E), substituted ''Office'' for
''Commission'' and ''chapter'' for ''subchapter'' wherever appearing.
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 5 of Pub. L. 95-437, as amended by Pub. L. 95-454, title
IX, 906(c)(3), Oct. 13, 1978, 92 Stat. 1227, provided that: ''Each
report prepared by an agency under section 3407(a) of title 5, United
States Code (as added by this Act), shall, to the extent practicable,
indicate the extent to which part-time career employment opportunities
have been extended by such agency during the period covered by such
report to each group referred to in subparagraphs (A), (B), (C), and (D)
of section 2(a)(2) of this Act (set out as a note under section 3401 of
this title).''
05 USC 3408. Employee organization representation
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
If an employee organization has been accorded exclusive recognition
with respect to a unit within an agency, then the employee organization
shall be entitled to represent all employees within that unit employed
on a part-time career employment basis.
(Added Pub. L. 95-437, 3(a), Oct. 10, 1978, 92 Stat. 1058, 3398,
renumbered Pub. L. 95-454, title IX, 906(c)(1)(B), Oct. 13, 1978, 92
Stat. 1226.)
05 USC CHAPTER 35 -- RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
3501. Definitions; application.
3502. Order of retention.
3503. Transfer of functions.
3504. Preference eligibles; retention; physical qualifications;
waiver.
3551. Restoration; Reserves and National Guardsmen.
3571. Reinstatement or restoration; individuals suspended or
removed for national security.
3581. Definitions.
3582. Rights of transferring employees.
3583. Computations.
3584. Regulations.
3591. Definitions.
3592. Removal from the Senior Executive Service.
3593. Reinstatement in the Senior Executive Service.
3594. Guaranteed placement in other personnel systems.
3595. Reduction in force in the Senior Executive Service.
3595a. Furlough in the Senior Executive Service.
3596. Regulations.
3597. Reemployment following limited appointment in the Foreign
Service.
1984 -- Pub. L. 98-615, title III, 306(c)(2), Nov. 8, 1984, 98
Stat. 3220, added item 3595a.
1981 -- Pub. L. 97-35, title XVII, 1704(a)(2), Aug. 13, 1981, 95
Stat. 757, redesignated item 3595 as 3596, and added item 3595.
1980 -- Pub. L. 96-465, title II, 2301(b), Oct. 17, 1980, 94 Stat.
2164, added item for subchapter VI and item 3597.
1978 -- Pub. L. 95-454, title IV, 404(c), Oct. 13, 1978, 92 Stat.
1167, added item for subchapter V and items 3591 to 3595.
05 USC SUBCHAPTER I -- RETENTION PREFERENCE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3501. Definitions; application
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this subchapter, except section 3504 --
(1) ''active service'' has the meaning given it by section 101 of
title 37;
(2) ''a retired member of a uniformed service'' means a member or
former member of a uniformed service who is entitled, under statute, to
retired, retirement, or retainer pay on account of his service as such a
member; and
(3) a preference eligible employee who is a retired member of a
uniformed service is considered a preference eligible only if --
(A) his retirement was based on disability --
(i) resulting from injury or disease received in line of duty as a
direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in the line of
duty during a period of war as defined by sections 101 and 1101 of title
38;
(B) his service does not include twenty or more years of full-time
active service, regardless of when performed but not including period of
active duty for training; or
(C) on November 30, 1964, he was employed in a position to which this
subchapter applies and thereafter he continued to be so employed without
a break in service of more than 30 days.
(b) Except as otherwise provided by this subsection and section 3504
of this title, this subchapter applies to each employee in or under an
Executive agency. This subchapter does not apply to an employee whose
appointment is required by Congress to be confirmed by, or made with the
advice and consent of, the Senate or to a member of the Senior Executive
Service or the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 94-183, 2( 8),
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IV, 404(a), Oct.
13, 1978, 92 Stat. 1165; Pub. L. 100-325, 2(e), May 30, 1988, 102 Stat.
581; Pub. L. 102-83, 5(c)(2), Aug. 6, 1991, 105 Stat. 406.)
In subsection (a), the definitions of ''uniformed services'' and
''armed forces'' are omitted as unnecessary in view of the definitions
in section 2101. The definition of ''civilian office'' is omitted as
unnecessary as subsection (b) of this section states the application of
this subchapter.
In subsection (a)(3), the words ''Notwithstanding any other provision
of this Act'' are omitted as unnecessary. The words ''preference
eligible employee'' are coextensive with and substituted for ''employee
* * * included under section 2 of this Act'' in view of the definition
of preference eligible in section 2108. In paragraph (3)(C), the words
''on November 30, 1964, he was employed in a position to which this
subchapter applies and thereafter he continued to be so employed'' are
substituted for ''immediately prior to the effective date of this
subsection, he was employed in a civilian office to which this Act
applies and, on and after such date, he continues to be employed in any
such office''.
Subsection (b) is supplied on authority of sections 2, 12, and 20 of
the Act of June 27, 1944, ch. 287, 58 Stat. 387, 391, which are
carried into this title.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preference to the report.
1991 -- Subsec. (a)(3)(A)(ii). Pub. L. 102-83 substituted reference
to section 1101 of title 38 for reference to section 301 of title 38.
1988 -- Subsec. (b). Pub. L. 100-325 inserted reference to Federal
Bureau of Investigation and Drug Enforcement Administration Senior
Executive Service.
1978 -- Subsec. (b). Pub. L. 95-454 inserted reference to a member
of Senior Executive Service.
1975 -- Subsec. (b). Pub. L. 94-183 struck out '', except an
employee whose appointment is made under section 3311 of title 39''
after ''or made with the advice and consent of, the Senate''.
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.
241; title 22 section 1438.
05 USC 3502. Order of retention
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall prescribe regulations
for the release of competing employees in a reduction in force which
give due effect to --
(1) tenure of employment;
(2) military preference, subject to section 3501(a)(3) of this title;
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee --
(A) who is not a retired member of a uniformed service is entitled to
credit for the total length of time in active service in the armed
forces;
(B) who is a retired member of a uniformed service is entitled to
credit for --
(i) the length of time in active service in the armed forces during a
war, or in a campaign or expedition for which a campaign badge has been
authorized; or
(ii) the total length of time in active service in the armed forces
if he is included under section 3501(a)(3)(A), (B), or (C) of this
title; and
(C) is entitled to credit for --
(i) service rendered as an employee of a county committee established
pursuant to section 8(b) of the Soil Conservation and Allotment Act or
of a committee or association of producers described in section 10(b) of
the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if
such employee moves or has moved, on or after January 1, 1987, without a
break in service of more than 3 days, from a position in a
nonappropriated fund instrumentality of the Department of Defense or the
Coast Guard to a position in the Department of Defense or the Coast
Guard, respectively, that is not described in section 2105(c).
(b) A preference eligible described in section 2108(3)(C) of this
title who has a compensable service-connected disability of 30 percent
or more and whose performance has not been rated unacceptable under a
performance appraisal system implemented under chapter 43 of this title
is entitled to be retained in preference to other preference eligibles.
(c) An employee who is entitled to retention preference and whose
performance has not been rated unacceptable under a performance
appraisal system implemented under chapter 43 of this title is entitled
to be retained in preference to other competing employees.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 90-367, 3,
June 29, 1968, 82 Stat. 278; Pub. L. 90-623, 1(23), Oct. 22, 1968, 82
Stat. 1313; Pub. L. 95-454, title III, 307(e), title IX, 906(a)(2),
Oct. 13, 1978, 92 Stat. 1149, 1224; Pub. L. 99-251, title III, 306( a),
Feb. 27, 1986, 100 Stat. 27; Pub. L. 101-508, title VII, 7202(c), Nov.
5, 1990, 104 Stat. 1388-335.)
In subsection (a), the words ''reduction in force'' are substituted
for ''reduction in personnel''. The words ''in any civilian service of
any Federal agency'' are omitted as unnecessary because of the
application stated in section 3501. In the second sentence, the word
''total'' in the phrase ''length of service'' is omitted for consistency
with paragraph (3), and the words ''subject to subsection (c) of this
section'' are omitted as unnecessary in view of the supplied distinction
between a competing employee who is not a retired member of a uniformed
service and such an employee who is a retired member of a uniformed
service. In paragraph (A), the words ''total length of time in active
service'' are substituted for ''length of time spent in active service''
for consistency with paragraph (B)(ii).
In subsections (a) and (b), the references to ''performance'' ratings
and ratings of ''satisfactory'' are added on authority of former section
2005, which is carried into section 4304.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Section 8(b) of the Soil Conservation and Allotment Act, referred to
in subsec. (a)(C)(i), probably means section 8(b) of the Soil
Conservation and Domestic Allotment Act, which is classified to section
590h(b) of Title 16, Conservation.
Section 10(b) of the Agricultural Adjustment Act, referred to in
subsec. (a)(C)(i), is classified to section 610(b) of Title 7,
Agriculture.
1990 -- Subsec. (a)(C). Pub. L. 101-508 amended subpar. (C)
generally. Prior to amendment, subpar. (C) read as follows: ''is
entitled to credit for service rendered as an employee of a county
committee established pursuant to section 590h(b) of title 16, or of a
committee or an association of producers described in section 610(b) of
title 7.''
1986 -- Subsec. (a)(C). Pub. L. 99-251 struck out ''who is an
employee in or under the Department of Agriculture'' before ''is
entitled to credit''.
1978 -- Subsec. (a). Pub. L. 95-454, 906(a)(2), substituted ''Office
of Personnel Management'' for ''Civil Service Commission''.
Subsec. (b). Pub. L. 95-454, 307(e), substituted provisions relating
to retention of a preference eligible with a compensable
service-connected disability of 30 percent or more, for provisions
relating to retention of preference eligible employees on the basis of
ratings.
Subsec. (c). Pub. L. 95-454, 307(e), added subsec. (c).
1968 -- Subsec. (a). Pub. L. 90-623 made minor changes in form and
punctuation in subpars. (A) and (B), and, in subpar. (C), substituted
''section 590h(b) of title 16'' and ''section 610(b) of title 7'' for
''section 8(b) of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590h(b))'' and ''section 10(b) of the Agricultural Adjustment Act
of May 12, 1933 (48 Stat. 37)'' respectively.
Subsec. (a)(C). Pub. L. 90-367 added subsec. (a)(C).
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.
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. 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.
Applicability of Indian preference laws to Bureau of Indian Affairs
and Indian Health Service positions for purposes of reduction-in-force
procedures under subsec. (a) of this section, see section 472a(a) of
Title 25, Indians.
241; title 22 section 1438; title 25 section 472a;
title 32 section 709.
05 USC 3503. Transfer of functions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) When a function is transferred from one agency to another, each
competing employee in the function shall be transferred to the receiving
agency for employment in a position for which he is qualified before the
receiving agency may make an appointment from another source to that
position.
(b) When one agency is replaced by another, each competing employee
in the agency to be replaced shall be transferred to the replacing
agency for employment in a position for which he is qualified before the
replacing agency may make an appointment from another source to that
position.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95-454, title
III, 307(f), Oct. 13, 1978, 92 Stat. 1149; Pub. L. 96-54, 2(a)(18),
Aug. 14, 1979, 93 Stat. 382.)
In subsection (a), the words ''a function'' are substituted for ''any
or all of the functions''. The word ''receiving'' is substituted for
''replacing'' in the phrase ''receiving agency'' to avoid confusion with
subsection (b).
In subsections (a) and (b), the word ''first'' in the phrase ''shall
first be transferred'' is omitted as redundant in view of the subsequent
limitation imposed by the words following ''before''. The words ''make
an appointment from another source to that position'' are substituted
for ''appoint additional employees from any other source for such
position''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Subsecs. (a), (b). Pub. L. 96-54 substituted ''competing
employee'' for ''preference eligible employed''.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 which directed the
substitution of ''competing employee'' for ''preference eligible
employee'' was impossible to execute literally because the text
contained reference to ''preference eligible employed''. See 1979
Amendment note above.
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.
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.
title 22 section 1438; title 24 section 225d.
05 USC 3504. Preference eligibles; retention; physical
qualifications; waiver
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) In determining qualifications of a preference eligible for
retention in a position in the competitive service, an Executive agency,
or the government of the District of Columbia, the Office of Personnel
Management or other examining agency shall waive --
(1) requirements as to age, height, and weight, unless the
requirement is essential to the performance of the duties of the
position; and
(2) physical requirements if, in the opinion of the Office or other
examining agency, after considering the recommendation of an accredited
physician, the preference eligible is physically able to perform
efficiently the duties of the position.
(b) If an examining agency determines that, on the basis of evidence
before it, a preference eligible described in section 2108(3)(C) of this
title who has a compensable service-connected disability of 30 percent
or more is not able to fulfill the physical requirements of the
position, the examining agency shall notify the Office of the
determination and, at the same time, the examining agency shall notify
the preference eligible of the reasons for the determination and of the
right to respond, within 15 days of the date of the notification, to the
Office. The Office shall require a demonstration by the appointing
authority that the notification was timely sent to the preference
eligible's last known address and shall, before the selection of any
other person for the position, make a final determination on the
physical ability of the preference eligible to perform the duties of the
position, taking into account any additional information provided in the
response. When the Office has completed its review of the proposed
disqualification on the basis of physical disability, it shall send its
findings to the appointing authority and the preference eligible. The
appointing authority shall comply with the findings of the Office. The
functions of the Office under this subsection may not be delegated.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95-454, title
III, 307(g), title IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1149,
1224.)
The words ''in the competitive service, an Executive agency, or the
government of the District of Columbia'' are added on authority of
former sections 851, 858, and 869 which are carried into this title.
The words ''preference eligible'' are substituted for ''veteran''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 designated existing provisions as subsec.
(a), substituted ''Office of Personnel Management'' for ''Civil Service
Commission'' and ''Office'' for ''Commission'', and added subsec. (b).
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.
05 USC SUBCHAPTER II -- RESTORATION AFTER ACTIVE DUTY OR TRAINING DUTY
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3551. Restoration; Reserves and National Guardsmen
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee as defined by section 2105 of this title or an individual
employed by the government of the District of Columbia, permanent or
temporary indefinite, who is ordered to active duty or to duty under
sections 502-505 of title 32 as a Reserve of the armed forces or member
of the National Guard is entitled, on release from duty within the time
limits specified in section 9(g) of the Military Selective Service Act
of 1967 (50 U.S.C. App. 459(g)), to be restored to the position held by
him when ordered to duty. However, a Reserve or member of the National
Guard who leaves a position for which the salary is disbursed by the
Secretary of the Senate or the Clerk of the House of Representatives is
entitled on release from active duty to be restored only under the
provisions of section 459 of title 50, appendix, United States Code.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 90-491, 2,
Aug. 17, 1968, 82 Stat. 791.)
The statement of application is added on authority of former section
30r(a), which is carried into section 6323.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Section 9(g) of the Military Selective Service Act of 1967 (50 U.S.
C. App. 459(g)), and the restoration provisions of section 459 of title
50, appendix, United States Code, referred to in text, were repealed by
section 405(1) of Pub. L. 93-508, title IV, Dec. 3, 1974, 88 Stat.
1600. Section 404(a) of Pub. L. 93-508 enacted new restoration
provisions which are contained in chapter 43 (section 2021 et seq.) of
Title 38, Veterans' Benefits.
1968 -- Pub. L. 90-491 substituted ''within the time limits
specified in section 9(g) of the Military Selective Service Act of 1967
(50 U.S.C. App. 459(g)), to be restored to the position held by him when
ordered to duty'', for '', to be restored to the position held when
ordered to duty'' and inserted provisions limiting restoration on
release from active duty only under the provisions of section 459 of
title 50, Appendix, in the case of a Reserve or member of the National
Guard who leaves a position for which the salary is disbursed by the
Secretary of the Senate or the Clerk of the House of Representatives.
05 USC SUBCHAPTER III -- REINSTATEMENT OR RESTORATION AFTER SUSPENSION
OR REMOVAL FOR NATIONAL SECURITY
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3571. Reinstatement or restoration; individuals suspended or
removed for national security
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An individual suspended or removed under section 7532 of this title
may be restored to duty in the discretion of the head of the agency
concerned.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.)
The words ''suspended or removed under section 7532 of this title''
are coextensive with and substituted for ''whose employment is so
suspended or terminated under the authority of said sections''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC SUBCHAPTER IV -- REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL
ORGANIZATION
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3581. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''agency'' means --
(A) an Executive agency;
(B) a military department; and
(C) an employing authority in the legislative branch;
(2) ''employee'' means an employee in or under an agency;
(3) ''international organization'' means a public international
organization or international-organization preparatory commission in
which the Government of the United States participates;
(4) ''transfer'' means the change of position by an employee from an
agency to an international organization; and
(5) ''reemployment'' means --
(A) the reemployment of an employee under section 3582(b) of this
title; or
(B) the reemployment of a Congressional employee within 90 days from
his separation from an international organization;
following a term of employment not extending beyond the period named
by the head of the agency at the time of consent to transfer or, in the
absence of a named period, not extending beyond the first 5 consecutive
years, or any extension thereof, after entering the employ of the
international organization.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 91-175, pt.
V, 502(b), Dec. 30, 1969, 83 Stat. 825; Pub. L. 94-183, 2(9), Dec. 31,
1975, 89 Stat. 1057.)
In paragraphs (1)(A) and (B), the terms ''Executive agency'' and
''military department'' are coextensive with and substituted for ''any
department or agency in the executive branch of the United States
Government including independent establishments and Government owned or
controlled corporations'' in view of the definitions in sections 105 and
102.
In paragraph (2), the word ''employee'' is substituted for ''any
civilian appointive officer or employee'' in view of the definition of
''employee'' in section 2105. The words ''in or under an agency'' are
substituted for ''in or under the executive or the legislative branch of
the United States Government''.
The definition of ''Congressional employee'' in former section 2331(
4) is omitted as unnecessary because the term ''Congressional
employee'', defined for the purpose of this title in section 2107, is
coextensive with the definition in former section 2331(4).
The definition of ''Detail'' in former section 2331(6) is omitted
from this section as inappropriate but is carried into section 3343.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1975 -- Subsec. (5)(A). Pub. L. 94-183 substituted ''3582(b)'' for
''3582(a)''.
1969 -- Par. (5). Pub. L. 91-175 substituted ''the first 5
consecutive years, or any extension thereof, after entering the employ
of the international organization'' for ''the first 3 consecutive years
after entering the employ of the international organization''.
Authority of President to extend a transfer of an employee under this
section delegated to Secretary of State, see section 3 of Ex. Ord. No.
11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section
3584 of this title.
05 USC 3582. Rights of transferring employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee serving under an appointment not limited to 1 year or
less who transfers to an international organization with the consent of
the head of his agency is entitled --
(1) to retain coverage, rights, and benefits under any system
established by law for the retirement of employees, if necessary
employee deductions and agency contributions in payment for the
coverage, rights, and benefits for the period of employment with the
international organization are currently deposited in the system's fund
or depository; and the period during which coverage, rights, and
benefits are retained under this paragraph is deemed creditable service
under the system, except that such service shall not be considered
creditable service for the purpose of any retirement system for
transferring personnel, if such service forms the basis, in whole or in
part, for an annuity or pension under the retirement system of the
international organization;
(2) to retain coverage, rights, and benefits under chapters 87 and 89
of this title, if necessary employee deductions and agency contributions
in payment for the coverage, rights, and benefits for the period of
employment with the international organization are currently deposited
in the Employees' Life Insurance Fund and the Employees' Health Benefits
Fund, as applicable, and the period during which coverage, rights, and
benefits are retained under this paragraph is deemed service as an
employee under chapters 87 and 89 of this title;
(3) to retain coverage, rights, and benefits under subchapter I of
chapter 81 of this title, and for this purpose his employment with the
international organization is deemed employment by the United States,
but if he or his dependents receive from the international organization
a payment, allowance, gratuity, payment under an insurance policy for
which the premium is wholly paid by the international organization, or
other benefit of any kind on account of the same injury or death, the
amount thereof, is credited against disability or death compensation, as
the case may be, payable under subchapter I of chapter 81 of this title;
and
(4) to elect to retain to his credit all accumulated and current
accrued annual leave to which entitled at the time of transfer which
would otherwise be liquidated by a lump-sum payment. On his request at
any time before reemployment, he shall be paid for the annual leave
retained. If he receives a lump-sum payment and is reemployed within 6
months after transfer, he shall refund to the agency the amount of the
lump-sum payment. This paragraph does not operate to cause a forfeiture
of retained annual leave following reemployment or to deprive an
employee of a lump-sum payment to which he would otherwise be entitled.
(b) An employee entitled to the benefits of subsection (a) of this
section is entitled to be reemployed within 30 days of his application
for reemployment in his former position or a position of like seniority,
status, and pay in the agency from which he transferred, if --
(1) he is separated from the international organization within 5
years, or any extension thereof, after entering on duty with the
international organization or within such shorter period as may be named
by the head of the agency at the time of consent to transfer; and
(2) he applies for reemployment not later than 90 days after the
separation.
On reemployment, he is entitled to the rate of basic pay to which he
would be entitled had he remained in the civil service. On
reemployment, the agency shall restore his sick leave account, by credit
or charge, to its status at the time of transfer. The period of
separation caused by his employment with the international organization
and the period necessary to effect reemployment are deemed creditable
service for all appropriate civil service employment purposes. On
reemployment, he is entitled to be paid, under such regulations as the
President may prescribe and from appropriations or funds of the agency
from which transferred, an amount equal to the difference between the
pay, allowances, post differential, and other monetary benefits paid by
the international organization and the pay, allowances, post
differential, and other monetary benefits that would have been paid by
the agency had he been detailed to the international organization under
section 3343 of this title. Such a payment shall be made to an employee
who is unable to exercise his reemployment right because of disability
incurred while on transfer to an international organization under this
subchapter and, in the case of any employee who dies while on such a
transfer or during the period after separation from the international
organization in which he is properly exercising or could exercise his
reemployment right, in accordance with subchapter VIII of chapter 55 of
this title. This subsection does not apply to a congressional employee
nor may any payment provided for in the preceding two sentences of this
subsection be based on a period of employment with an international
organization occurring before the first day of the first pay period
which begins after December 29, 1969.
(c) This section applies only with respect to so much of a period of
employment with an international organization as does not exceed 5
years, or any extension thereof, or such shorter period named by the
head of the agency at the time of consent to transfer, except that for
retirement and insurance purposes this section continues to apply during
the period after separation from the international organization in which
--
(1) an employee, except a Congressional employee, is properly
exercising or could exercise the reemployment right established by
subsection (b) of this section; or
(2) a Congressional employee is effecting or could effect a
reemployment.
During that reemployment period, the employee is deemed on leave
without pay for retirement and insurance purposes.
(d) During the employee's period of service with the international
organization, the agency from which the employee is transferred shall
make contributions for retirement and insurance purposes from the
appropriations or funds of that agency so long as contributions are made
by the employee.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 430; Pub. L. 91-175, pt.
V, 502(c)-(f), Dec. 30, 1969, 83 Stat. 825, 826; Pub. L. 94-183, 2(
10), Dec. 31, 1975, 89 Stat. 1057.)
In subsection (a), the words ''Notwithstanding the provisions of any
law, Executive order, or regulation'' are omitted as unnecessary. In
paragraph (2), the words ''an employee under chapter 87 of this title''
are substituted for ''an officer or employee of the United States''. In
paragraph (4), the words ''under no circumstances'' are omitted as
unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1975 -- Subsec. (b). Pub. L. 94-183 substituted ''after December 29,
1969'' for ''on or after the date of enactment of the Foreign Assistance
Act of 1969'' in last sentence.
1969 -- Subsec. (a). Pub. L. 91-175, 502(c), inserted provision at
end of cl. (1) excepting from creditable service, for the purpose of
any retirement system, an agency employee who transfers to an
international organization, if such service forms the basis for an
annuity or pension under the retirement system of the international
organization, and, in cl. (2), inserted references to chapter 89 and
Employees' Health Benefits Fund.
Subsec. (b). Pub. L. 91-175, 502(d), struck out '', except a
Congressional employee,'' in provisions preceding cl. (1), substituted
''5 years or any extension thereof,'' for ''3 years'' in cl. (1), and,
in provisions following cl. (2), inserted provision dealing with pay
differentials to be received by former agency employee on reemployment
with agency after service with international organization.
Subsec. (c). Pub. L. 91-175, 502(e), substituted ''5 years, or any
extension thereof,'' for ''3 years''.
Subsec. (d). Pub. L. 91-175, 502(f), made contributions for
retirement and insurance purposes mandatory by the agency from which
employee is transferred, during employee's period of service with
international organization, so long as contributions are made by
employee.
Authority of President under subsec. (b) of this section delegated
to Office of Personnel Management, and authority to define and specify
pay, allowances, etc., to be paid by the agency, delegated to Secretary
of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R.
13569, set out as a note under section 3584 of this title.
05 USC 3583. Computations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
A computation under this subchapter before reemployment is made in
the same manner as if the employee had received basic pay, or basic pay
plus additional pay in the case of a Congressional employee, at the rate
at which it would have been payable had the employee continued in the
position in which he was serving at the time of transfer.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 3584. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may prescribe regulations necessary to carry out this
subchapter and section 3343 of this title and to protect and assure the
retirement, insurance, leave, and reemployment rights and such other
similar civil service employment rights as he finds appropriate. The
regulations may provide for the exclusion of employees from the
application of this subchapter and section 3343 of this title on the
basis of the nature and type of employment including excepted
appointments of a confidential or policy-determining character, or
conditions pertaining to the employment including short-term
appointments, seasonal or intermittent employment, and part-time
employment.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.)
The words ''civil service employment rights'' are substituted for
''Federal employment rights''. The word ''including'' is substituted
for ''such as, but not limited to''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated to
the United States Civil Service Commission the authority vested in the
President by section 5 of the Federal Employees International
Organization Service Act (72 Stat. 961) (now this section), was revoked
by Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note
under this section.
Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 301 of title 3 and
section 3584 of title 5 (this section), United States Code, and as
President of the United States, it is ordered as follows:
Section 1. Leadership and coordination. The Secretary of State
shall provide leadership and coordination for the effort of the Federal
Government to increase and improve its participation in international
organizations through transfers and details of well-qualified Federal
employees, and shall develop policies, procedures, and programs
consistent with this order to advance and encourage such participation.
Sec1. 2. Federal agency cooperation. Each agency in the executive
branch of the Federal Government shall to the maximum extent feasible
and with due regard to its manpower requirements assist and encourage
details and transfers of employees to international organizations by
observing the following policies and procedures:
(1) Vacancies in international organizations shall be brought to the
notice of well-qualified agency employees whose abilities and levels of
responsibility in the Federal service are commensurate with those
required to fill such vacancies.
(2) Subject to prior approval of his agency, no leave shall be
charged an employee who is absent for a maximum of three days for
interview for a proposed detail or transfer at the formal request of an
international organization of a Federal official; an agency may approve
official travel for necessary travel within the United States in
connection with such an interview.
(3) An agency, upon request of an appropriate authority, shall
provide international organizations with detailed assessments of the
technical or professional qualifications of individual employees being
formally considered for details and transfers to specific positions.
(4) Upon return of an employee to his agency, the agency shall give
due consideration to the employee's overall qualifications, including
those which may have been acquired during his service with the
international organization, in determining the position and grade in
which he is reemployed.
Sec. 3. Delegations. (a) Except as otherwise provided in this order,
there is hereby delegated to the Office of Personnel Management the
authority vested in the President by sections 3582(b) and 3584 of title
5, United States Code.
(b) The following are hereby delegated to the Secretary of State:
(1) The authority vested in the President by sections 3343 and 3581
of title 5, United States Code, to determine whether it is in the
national interest to extend a detail or transfer of an employee beyond
five years.
(2) The authority vested in the President by section 3582(b) of title
5, United States Code, to define and specify ''pay, allowances, post
differential, and other monetary benefits'' to be paid by the agency
upon reemployment, disability, or death.
Sec. 4. Revocation. Executive Order No. 10804 of February 12, 1959,
is hereby revoked.
05 USC SUBCHAPTER V -- REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT
IN THE SENIOR EXECUTIVE SERVICE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3591. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter, ''agency'', ''Senior Executive
Service position'', ''senior executive'', ''career appointee'',
''limited term appointee'', ''limited emergency appointee'', ''noncareer
appointee'', and ''general position'' have the meanings set forth in
section 3132(a) of this title.
(Added Pub. L. 95-454, title IV, 404(b), Oct. 13, 1978, 92 Stat.
1165.)
Subchapter effective 9 months after Oct. 13, 1978, and congressional
review of provisions of sections 401 through 412 of Pub. L. 95-454, see
section 415(a)(1), (b), of Pub. L. 95-454, set out as a note under
section 3131 of this title.
05 USC 3592. Removal from the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as provided in subsection (b) of this section, a career
appointee may be removed from the Senior Executive Service to a civil
service position outside of the Senior Executive Service --
(1) during the 1-year period of probation under section 3393(d) of
this title,
(2) at any time for less than fully successful executive performance
as determined under subchapter II of chapter 43 of this title, or
(3) if the career appointee is not recertified as a senior executive
under section 3393a,
except that in the case of a removal under paragraph (2) of this
subsection the career appointee shall, at least 15 days before the
removal, be entitled, upon request, to an informal hearing before an
official designated by the Merit Systems Protection Board at which the
career appointee may appear and present arguments, but such hearing
shall not give the career appointee the right to initiate an action with
the Board under section 7701 of this title, nor need the removal action
be delayed as a result of the granting of such hearing. In the case of
a removal under paragraph (3) of this subsection, the career appointee
shall have the right to appeal the removal from the Senior Executive
Service to the Merit Systems Protection Board under section 7701.
(b)(1) Except as provided in paragraph (2) of this subsection, a
career appointee in an agency may not be involuntarily removed --
(A) within 120 days after an appointment of the head of the agency;
or
(B) within 120 days after the appointment in the agency of the career
appointee's most immediate supervisor who --
(i) is a noncareer appointee; and
(ii) has the authority to remove the career appointee.
(2) Paragraph (1) of this subsection does not apply with respect to
--
(A) any removal under section 4314(b)(3) of this title; or
(B) any disciplinary action initiated before an appointment referred
to in paragraph (1) of this subsection.
(c) A limited emergency appointee, limited term appointee, or
noncareer appointee may be removed from the service at any time.
(Added Pub. L. 95-454, title IV, 404(b), Oct. 13, 1978, 92 Stat.
1165, and amended Pub. L. 101-194, title V, 506(b)(3), Nov. 30, 1989,
103 Stat. 1758.)
1989 -- Subsec. (a). Pub. L. 101-194, 506(b)(3)(D), inserted at end
''In the case of a removal under paragraph (3) of this subsection, the
career appointee shall have the right to appeal the removal from the
Senior Executive Service to the Merit Systems Protection Board under
section 7701.''
Subsec. (a)(3). Pub. L. 101-194, 506(b)(3)(A)-(C), added par. (3).
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this
title.
title 31 section 733.
05 USC 3593. Reinstatement in the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) A former career appointee may be reinstated, without regard to
section 3393(b) and (c) of this title, to any Senior Executive Service
position for which the appointee is qualified if --
(1) the appointee has successfully completed the probationary period
established under section 3393(d) of this title; and
(2) the appointee left the Senior Executive Service for reasons other
than misconduct, neglect of duty, malfeasance, less than fully
successful executive performance as determined under subchapter II of
chapter 43 of this title, or failure to be recertified as a senior
executive under section 3393a.
(b) A career appointee who is appointed by the President to any civil
service position outside the Senior Executive Service and who leaves the
position for reasons other than misconduct, neglect of duty, or
malfeasance shall be entitled to be placed in the Senior Executive
Service if the appointee applies to the Office of Personnel Management
within 90 days after separation from the Presidential appointment.
(c)(1) A former career appointee shall be reinstated, without regard
to section 3393(b) and (c) of this title, to any vacant Senior Executive
Service position in an agency for which the appointee is qualified if --
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under
section 3595 of this title before October 1, 1984, due to a reduction in
force in that agency;
(C) before the removal occurred, the appointee successfully completed
the probationary period established under section 3393(d) of this title;
and
(D) the appointee applies for that vacant position within one year
after the Office receives certification regarding that appointee
pursuant to section 3595(b)(3)(B) of this title.
(2) A career appointee is entitled to appeal to the Merit Systems
Protection Board under section 7701 of this title any determination by
the agency that the appointee is not qualified for a position for which
the appointee applies under paragraph (1) of this subsection.
(Added Pub. L. 95-454, title IV, 404(b), Oct. 13, 1978, 92 Stat.
1166, and amended Pub. L. 97-35, title XVII, 1704(b), Aug. 13, 1981, 95
Stat. 757; Pub. L. 98-615, title III, 303(a), Nov. 8, 1984, 98 Stat.
3217; Pub. L. 101-194, title V, 506(b)(4), Nov. 30, 1989, 103 Stat.
1758.)
1989 -- Subsec. (a)(2). Pub. L. 101-194 struck out ''or'' after
''malfeasance,'' and inserted '', or failure to be recertified as a
senior executive under section 3393a'' before period at end.
1984 -- Subsec. (c)(1)(B). Pub. L. 98-615 inserted ''before October
1, 1984,''.
1981 -- Subsec. (c). Pub. L. 97-35 added subsec. (c).
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this
title.
Amendment by Pub. L. 98-615 effective following expiration of 90-day
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615,
set out as a note under section 3135 of this title.
Amendment by Pub. L. 97-35 effective June 1, 1981, with certain
exceptions and conditions, see section 1704(e) of Pub. L. 97-35, set
out as an Effective Date note under section 3595 of this title.
05 USC 3594. Guaranteed placement in other personnel systems
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) A career appointee who was appointed from a civil service
position held under a career or career-conditional appointment (or an
appointment of equivalent tenure, as determined by the Office of
Personnel Management) and who, for reasons other than misconduct,
neglect of duty, or malfeasance, is removed from the Senior Executive
Service during the probationary period under section 3393(d) of this
title, shall be entitled to be placed in a civil service position (other
than a Senior Executive Service position) in any agency.
(b) A career appointee who has completed the probationary period
under section 3393(d) of this title, and who --
(1) is removed from the Senior Executive Service for less than fully
successful executive performance as determined under subchapter II of
chapter 43 of this title;
(2) is removed from the Senior Executive Service under paragraph (4)
or (5) of section 3595(b) of this title; or
(3) is removed from the Senior Executive Service for failure to be
recertified under section 3393a;
shall be entitled to be placed in a civil service position (other
than a Senior Executive Service position) in any agency.
(c)(1) For purposes of subsections (a) and (b) of this section --
(A) the position in which any career appointee is placed under such
subsections shall be a continuing position at GS-15 of the General
Schedule or classified above GS-15 pursuant to section 5108,, /1/ or an
equivalent position, and, in the case of a career appointee referred to
in subsection (a) of this section, the career appointee shall be
entitled to an appointment of a tenure equivalent to the tenure of the
appointment held in the position from which the career appointee was
appointed;
(B) any career appointee placed under subsection (a) or (b) of this
section shall be entitled to receive basic pay at the highest of --
(i) the rate of basic pay in effect for the position in which placed;
(ii) the rate of basic pay in effect at the time of the placement for
the position the career appointee held in the civil service immediately
before being appointed to the Senior Executive Service; or
(iii) the rate of basic pay in effect for the career appointee
immediately before being placed under subsection (a) or (b) of this
section; and
(C) the placement of any career appointee under subsection (a) or (b)
of this section may not be made to a position which would cause the
separation or reduction in grade of any other employee.
(2) An employee who is receiving basic pay under paragraph (1)(B)(
ii) or (iii) of this subsection is entitled to have the basic pay rate
of the employee increased by 50 percent of the amount of each increase
in the maximum rate of basic pay for the grade of the position in which
the employee is placed under subsection (a) or (b) of this section until
the rate is equal to the rate in effect under paragraph (1)(B)(i) of
this subsection for the position in which the employee is placed.
(Added Pub. L. 95-454, title IV, 404(b), Oct. 13, 1978, 92 Stat.
1166, and amended Pub. L. 98-615, title III, 303(b), Nov. 8, 1984, 98
Stat. 3217; Pub. L. 101-194, title V, 506(b)(5), Nov 30, 1989, 103
Stat. 1758; Pub. L. 101-509, title V, 529 (title I, 101(b)(9)(E)), Nov.
5, 1990, 104 Stat. 1427, 1441.)
GS-15 of the General Schedule, referred to in subsec. (c)(1)(A), is
set out under section 5332 of this title.
1990 -- Subsec. (c)(1)(A). Pub. L. 101-509 substituted ''at GS-15 of
the General Schedule or classified above GS-15 pursuant to section
5108,'' for ''at GS-15 or above of the General Schedule''.
1989 -- Subsec. (b)(3). Pub. L. 101-194 added par. (3).
1984 -- Subsec. (b). Pub. L. 98-615 inserted provision relating to
career appointees removed from the Senior Executive Service under
section 3595(b)(4) or (5) of this title.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this
title.
Amendment by Pub. L. 98-615 effective following expiration of 90-day
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615,
set out as a note under section 3135 of this title.
/1/ So in original.
05 USC 3595. Reduction in force in the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An agency shall establish competitive procedures for determining
who shall be removed from the Senior Executive Service in any reduction
in force of career appointees within that agency. The competitive
procedures shall be designed to assure that such determinations are
primarily on the basis of performance, as determined under subchapter II
of chapter 43 of this title.
(b)(1) This subsection applies to any career appointee who has
successfully completed the probationary period prescribed under section
3393(d) of this title.
(2) Except as provided in paragraphs (4) and (5), a career appointee
may not be removed from the Senior Executive Service due to a reduction
in force within an agency.
(3) A career appointee who, but for this subsection, would be removed
from the Senior Executive Service due to a reduction in force within an
agency --
(A) is entitled to be assigned by the head of that agency to a vacant
Senior Executive Service position for which the career appointee is
qualified; or
(B) if the agency head certifies, in writing, to the Office of
Personnel Management that no such position is available in the agency,
shall be placed by the Office in any agency in any vacant Senior
Executive Service position unless the head of that agency determines
that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to
place a career appointee under subparagraph (B) and may require any
agency to take any action which the Office considers necessary to carry
out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may
be removed from the Senior Executive Service due to a reduction in force
if the career appointee declines a reasonable offer for placement in a
Senior Executive Service position under paragraph (3)(B).
(5) A career appointee who is not assigned under paragraph (3)(A) may
be removed from the Senior Executive Service due to a reduction in force
if the career appointee is not placed in another Senior Executive
Service position under paragraph (3)(B) within 45 days after the Office
receives certification regarding that appointee under paragraph (3)(B).
(c) A career appointee is entitled to appeal to the Merit Systems
Protection Board under section 7701 of this title whether the reduction
in force complies with the competitive procedures required under
subsection (a).
(d) For purposes of this section, ''reduction in force'' includes the
elimination or modification of a position due to a reorganization, due
to a lack of funds or curtailment of work, or due to any other factor.
(e) The Office shall prescribe regulations under which the rights
accorded to a career appointee in the event of a transfer of function
are comparable to the rights accorded to a competing employee under
section 3503 of this title in the event of such a transfer.
(Added Pub. L. 97-35, title XVII, 1704(a)(1), Aug. 13, 1981, 95 Stat.
756, and amended Pub. L. 97-346, 5(a), (b), Oct. 15, 1982, 96 Stat.
1650; Pub. L. 98-615, title III, 303(c), (d), 304(b), Nov. 8, 1984, 98
Stat. 3218, 3219.)
A prior section 3595, added Pub. L. 95-454, title IV, 404(b), Oct.
13, 1978, 92 Stat. 1167, which related to prescribing regulations, was
renumbered section 3596 by Pub. L. 97-35, title XVII, 1704(a)(1), Aug.
13, 1981, 95 Stat. 756.
1984 -- Subsec. (b)(3)(B). Pub. L. 98-615, 303(c)(1), struck out the
designation ''(i)'' before provisions relating to placement in any
agency in any vacant Executive Service position, and struck out former
cl. (ii), which had related to detailing by the Office of Personnel
Management to any vacant Senior Executive Service position for which the
Office deemed the employee to be qualified in any agency for a period
not to exceed 60 days, and placement in such position by the Office
after the period of such detail, unless the head of the agency
determined that the career appointee was not qualified for such
position.
Subsec. (b)(4). Pub. L. 98-615, 303(c)(2), struck out ''and the civil
service'' after ''removed from the Senior Executive Service'', struck
out the designation ''(A)'' before ''the career appointee declines'',
and substituted a period for the semicolon and ''or'' at the end
thereof. Former subpar. (B) redesignated par. (5).
Subsec. (b)(5). Pub. L. 98-615, 303(c)(2), redesignated former par.
(4)(B) as (5), substituted ''A career appointee who is not assigned
under paragraph (3)(A) may be removed from the Senior Executive Service
due to a reduction in force if'' for ''subject to paragraph (5),'',
substituted ''45 days'' for ''120 days'', and struck out former par.
(5), which had provided that persons who were career appointees as of
May 31, 1981, could only be removed from the Senior Executive Service
and the civil service due to a reduction in force after the 120-day
period if the Director of the Office of Personnel Management certified
to certain Congressional committees that the Office had taken all
reasonable steps to place the appointee but had been unable to do so due
to the appointee's highly specialized skills and experience.
Subsec. (c). Pub. L. 98-615, 303(d), struck out the designation
''(1)'' before ''whether the reduction'', and struck out pars. (2) and
(3), which had provided, respectively, the right to appeal any removal
under subsec. (b)(4)(A) and the right to appeal any nonappointment
under subsec. (b)(3), and, in the event of such nonappointment, whether
the Office of Personnel Management took all reasonable steps to achieve
such placement and whether the agency correctly decided under subsec.
(b)(3)(B) that the career appointee was not qualified for such
placement.
Subsec. (e). Pub. L. 98-615, 304(b), added subsec. (e).
1982 -- Subsec. (b)(3)(B). Pub. L. 97-346, 5(a), designated as cl.
(i) existing provisions relating to placement in any agency in any
vacant Executive Service position, and added cl. (ii).
Subsec. (c)(3). Pub. L. 97-346, 5(b), designated as subpar. (A)
existing provisions relating to taking of all reasonable steps by Office
of Personnel Management, and added subpar. (B).
Amendment by section 303(c), (d) of Pub. L. 98-615 effective
following expiration of 90-day period beginning on Nov. 8, 1984, and
amendment by section 304(b) of Pub. L. 98-615 effective Nov. 8, 1984,
see section 307 of Pub. L. 98-615, set out as a note under section 3135
of this title.
Section 5(c) of Pub. L. 97-346 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section) shall take effect on the date of
the enactment of this Act (Oct. 15, 1982).
''(2) The amendments made by this section (amending this section)
shall apply to an individual who is a career appointee on or after
September 30, 1982, except that any individual who is a career appointee
on September 30, 1982, and who is described in section 3595( b)(3) of
title 5, United States Code, may not be removed before December 15,
1982, due to a reduction in force, unless the removal is under section
3595(b)(4)(A) of such title on the grounds the individual declined a
reasonable placement offer.''
Section 1704(e) of Pub. L. 97-35 provided that:
''(1) Subject to paragraph (2), the amendments made by this section
(enacting this section, redesignating former section 3595 as section
3596 of this title, and amending sections 3393, 3593, 7542, and 7543 of
this title) shall be effective as of June 1, 1981.
''(2)(A) Except as provided in subparagraph (B), the amendments made
by this section shall apply to any career appointee removed from the
civil service after May 31, 1981, and before the date of the enactment
of this section (Aug. 13, 1981) if, not later than 14 days after such
date of enactment, application therefor is made to the Office of
Personnel Management and to the head of the Agency in which the
appointee was employed.
''(B) The provisions of section 3595(a), as added by subsection (a)(
1), shall take effect on the date of the enactment of this Act (Aug.
13, 1981).
''(3) The effectiveness of the amendments made by this section shall
be subject to section 415(b) of the Civil Service Reform Act of 1978
(Pub. L. 95-454, title IV, Oct. 13, 1978, 92 Stat. 1154) (5 U.S.C. 3131
note) to the same extent and manner as the amendments made by title IV
of that Act.''
05 USC 3595a. Furlough in the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purposes of this section, ''furlough'' means the
placement of a senior executive in a temporary status in which the
senior executive has no duties and is not paid when the placement in
such status is by reason of insufficient work or funds or for other
nondisciplinary reasons.
(b) An agency may furlough a career appointee only in accordance with
regulations issued by the Office of Personnel Management.
(c) A career appointee who is furloughed is entitled to appeal to the
Merit Systems Protection Board under section 7701 of this title.
(Added Pub. L. 98-615, title III, 306(c)(1), Nov. 8, 1984, 98 Stat.
3220.)
Section effective following expiration of 90-day period beginning on
Nov. 8, 1984, see section 307 of Pub. L. 98-615, set out as an
Effective Date of 1984 Amendment note under section 3135 of this title.
05 USC 3596. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall prescribe regulations to
carry out the purpose of this subchapter.
(Added Pub. L. 95-454, title IV, 404(b), Oct. 13, 1978, 92 Stat.
1167, 3595, renumbered Pub. L. 97-35, title XVII, 1704(a)(1), Aug. 13,
1981, 95 Stat. 756.)
05 USC SUBCHAPTER VI -- REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN
THE FOREIGN SERVICE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 3597. Reemployment following limited appointment in the Foreign
Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An employee of any agency who accepts, with the consent of the head
of that agency, a limited appointment in the Foreign Service under
section 309 of the Foreign Service Act of 1980 is entitled, upon the
expiration of that appointment, to be reemployed in that employee's
former position or in a corresponding or higher position in that agency.
Upon reemployment under this section, an employee shall be entitled to
any within-grade increases in pay which the employee would have received
if the employee had remained in the former position in the agency.
(Added Pub. L. 96-465, title II, 2301(a), Oct. 17, 1980, 94 Stat.
2164.)
Section 309 of the Foreign Service Act of 1980, referred to in text,
is classified to section 3949 of Title 22, Foreign Relations and
Intercourse.
Section effective Feb. 15, 1981, except as otherwise provided, see
section 2403 of Pub. L. 96-465, set out as a note under section 3901 of
Title 22, Foreign Relations and Intercourse.
05 USC Subpart C -- Employee Performance
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC CHAPTER 41 -- TRAINING
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
4101. Definitions.
4102. Exceptions; Presidential authority.
4103. Establishment of training programs.
4104. Government facilities; use of.
4105. Non-Government facilities; use of.
4106. Non-Government facilities; amount of training limited.
4107. Non-Government facilities; restrictions.
4108. Employee agreements; service after training.
4109. Expenses of training.
4110. Expenses of attendance at meetings.
4111. Acceptance of contributions, awards, and other payments.
4112. Absorption of costs within funds available.
4113. Agency review of training needs; annual program reports.
4114. Non-Government facilities; review of training programs.
4115. Collection of training information.
4116. Training program assistance.
4117. Administration.
4118. Regulations.
4119. Training for employees under the Office of the Architect of
the Capitol and the Botanic Garden.
1982 -- Pub. L. 97-346, 1(b), Oct. 15, 1982, 96 Stat. 1647, added
item 4119.
title 38 section 3681; title 49 App. sections 1354,
1903.
05 USC 4101. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this chapter --
(1) ''agency'', subject to section 4102 of this title, means --
(A) an Executive department;
(B) an independent establishment;
(C) a Government corporation subject to chapter 91 of title 31;
(D) the Library of Congress;
(E) the Government Printing Office; and
(F) the government of the District of Columbia;
(2) ''employee'', subject to section 4102 of this title, means --
(A) an individual employed in or under an agency; and
(B) a commissioned officer of the Environmental Science Services
Administration;
(3) ''Government'' means the Government of the United States and the
government of the District of Columbia;
(4) ''training'' means the process of providing for and making
available to an employee, and placing or enrolling the employee in, a
planned, prepared, and coordinated program, course, curriculum, subject,
system, or routine of instruction or education, in scientific,
professional, technical, mechanical, trade, clerical, fiscal,
administrative, or other fields which are or will be directly related to
the performance by the employee of official duties for the Government,
in order to increase the knowledge, proficiency, ability, skill, and
qualifications of the employee in the performance of official duties;
(5) ''Government facility'' means property owned or substantially
controlled by the Government and the services of any civilian and
military personnel of the Government; and
(6) ''non-Government facility'' means --
(A) the government of a State or of a territory or possession of the
United States including the Commonwealth of Puerto Rico, and an
interstate governmental organization, or a unit, subdivision, or
instrumentality of any of the foregoing;
(B) a foreign government or international organization, or
instrumentality of either, which is designated by the President as
eligible to provide training under this chapter;
(C) a medical, scientific, technical, educational, research, or
professional institution, foundation, or organization;
(D) a business, commercial, or industrial firm, corporation,
partnership, proprietorship, or other organization;
(E) individuals other than civilian or military personnel of the
Government; and
(F) the services and property of any of the foregoing furnishing the
training.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 432; Pub. L. 90-206, title
II, 224(a), Dec. 16, 1967, 81 Stat. 642; Pub. L. 97-258, 3(a)(8), Sept.
13, 1982, 96 Stat. 1063.)
In paragraph (1), the word ''agency'' is substituted for
''department''. Reference to the ''General Accounting Office'' is
omitted as included in ''independent establishment'' because of the
definition in section 104.
In paragraph (2)(B), the words ''in the Department of Commerce'' are
omitted as unnecessary.
In paragraph (6)(C), the word ''agency'' is omitted as unnecessary
and to avoid confusion with the word ''agency'' defined by paragraph
(1).
In paragraph (6)(E), the words ''individuals other than civilian or
military personnel of the Government'' are substituted for ''an
individual not a civilian or military officer or employee of the
Government of the United States or of the municipal government of the
District of Columbia'' to conform to paragraph (5).
The definition of ''Commission'' in former section 2302(4) is omitted
as unnecessary as the title ''Civil Service Commission'' is fully set
out the first time it is used in each section of this chapter.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1982 -- Par. (1)(C). Pub. L. 97-258 substituted ''chapter 91'' for
''sections 846-852 or 856-859''.
1967 -- Par. (2)(B). Pub. L. 90-206 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey''.
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.
For transfer of Environmental Science Services Administration to
National Oceanic and Atmospheric Administration, see Transfer of
Functions note set out under section 5541 of this title.
Functions of President under subsec. (6)(B) of this section
delegated to head of each agency concerned, see section 402 of Ex. Ord.
No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under section
4103 of this title.
Executive departments, see section 101 of this title.
Government corporation, see section 103 of this title.
Independent establishment, see section 104 of this title.
05 USC 4102. Exceptions; Presidential authority
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) This chapter does not apply to --
(A) a corporation supervised by the Farm Credit Administration if
private interests elect or appoint a member of the board of directors;
(B) the Tennessee Valley Authority; or
(C) an individual (except a commissioned officer of the National
Oceanic and Atmospheric Administration) who is a member of a uniformed
service during a period in which he is entitled to pay under section 204
of title 37.
(2) This chapter (except sections 4110 and 4111) does not apply to --
(A) the Foreign Service of the United States; or
(B) an individual appointed by the President, unless the individual
is specifically designated by the President for training under this
chapter.
(b) The President, at any time in the public interest, may --
(1) except an agency or part thereof, or an employee or group or
class of employees therein, from this chapter or a provision thereof
(except this section); and
(2) withdraw an exception made under this subsection.
However, the President may not except the Office of Personnel
Management from a provision of this chapter which vests in or imposes on
the Office a function, duty, or responsibility concerning any matter
except the establishment, operation, and maintenance, in the same
capacity as other agencies, of training programs and plans for its
employees.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433; Pub. L. 90-83, 1(4),
Sept. 11, 1967, 81 Stat. 196; Pub. L. 94-183, 2(11), Dec. 31, 1975, 89
Stat. 1057; Pub. L. 95-454, title IX, 906(a)(2), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96-54, 2(a)(15), (19), Aug. 14, 1979, 93 Stat.
382.)
In subsection (a)(1), the exception for the President and Vice
President is omitted as surplusage as these elected officers are not
employed in or under an agency and thus are not included in the
definition of ''employee'' in section 4101(2).
In subsection (a)(1)(C), the words ''as defined by section 231(a) of
Title 37'' are omitted as unnecessary in view of the definition of
''uniformed services'' in section 2101(b). The words ''section 204 of
title 37'' are substituted for ''sections 232-234, 235, 236, 237, 238,
and 239 of Title 37'' on authority of section 12(b) of the Act of Sept.
7, 1962, Pub. L. 87-649, 76 Stat. 497.
In subsection (a)(2)(B), the words ''by the President'' are
coextensive with and substituted for ''by the President by and with the
advice and consent of the Senate or by the President alone''.
In subsection (b)(1), reference to ''section 21, and section 22'' is
omitted as unnecessary since the sections are not carried into this
title, but are scheduled for repeal, see Table II.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Subsec. (a)(1)(C). Pub. L. 96-54, 2(a)(19), substituted
''National Oceanic and Atmospheric'' for ''Environmental Science
Services''.
Subsec. (b). Pub. L. 96-54, 2(a)(15), substituted ''Office'' for
''Commission''.
1978 -- Subsec. (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission''.
1975 -- Subsec. (a)(2)(B). Pub. L. 94-183 struck out ''(except a
Postmaster)'' after ''an individual appointed by the President''.
1967 -- Subsec. (a)(1)(C). Pub. L. 90-83 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey.'' See
Historical and Revision Notes under section 2101 of this title.
Amendments 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.
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.
Functions of President under subsec. (b)(1) of this section
delegated to Office of Personnel Management, see section 401(a) of Ex.
Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under
section 4103 of this title.
Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided:
Section 1. The Central Intelligence Agency is hereby designated as
excepted from the following-described provisions of the Government
Employees Training Act (this chapter and section 1308 of this title):
(a) Section 2(4), 6, 9(b)(1), 11, 12, 15, 16, and 18 (sections 4117,
4118, 4105(b)(1), 4108, 4106, 4114, 4115, and 1308(a)(4)(A)-(C), (b) and
4113(b) respectively of this title).
(b) The last sentence of section 5 (section 4113(a) of this title).
(c) That part of section 7 (section 4103(1) of this title) which
reads ''shall conform, on or after the effective date of the regulations
prescribed by the Commission under section 6 of this Act (section 4118
of this title), to the principles, standards, and related requirements
contained in such regulations then current,''.
(d) That part of section 10 (section 4109(a) of this title) which
reads ''in accordance with regulations issued by the Commission under
authority of section 6(a)(8) (section 4118(a)(8) of this title).''
Sec. 2. Section 2 of Executive Order No. 10800, of January 15, 1959,
is hereby amended by deleting the reference to ''section 5'' and the
reference to ''section 5(b)'' and by inserting in lieu thereof ''section
4'' and ''section 4(b)'', respectively.
Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, which related to the
delegation of Presidential authority to designate United States Marshals
and United States Attorneys for training, was superseded by Ex. Ord.
No. 11895, Jan. 6, 1976, 41 F.R. 1465, set out as a note under this
section.
Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by Section 301 of Title 3 of
the United States Code, and as President of the United States, it is
hereby ordered as follows:
Section 1. Except as provided in Section 2 of this Order, the Office
of Personnel Management is hereby designated and empowered to exercise
the authority vested in the President by Section 4102(a)(2)(B) of Title
5, United States Code, to designate individuals appointed by the
President for training under Chapter 41 of Title 5, United States Code.
Sec. 2. The Attorney General is hereby designated and empowered to
exercise the authority vested in the President by Section 4102(a)(2)(B)
to designate individuals appointed by the President as United States
Attorneys and United States Marshals for training under Chapter 41 of
Title 5, United States Code.
Sec. 3. Executive Order No. 11531 of May 26, 1970, is hereby
superseded.
05 USC 4103. Establishment of training programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) In order to increase economy and efficiency in the operations of
the agency and to raise the standards of performance by employees of
their official duties to the maximum possible level of proficiency, the
head of each agency, in conformity with this chapter, shall establish,
operate, and maintain a program or programs, and a plan or plans
thereunder, for the training of employees in or under the agency by, in,
and through Government facilities and non-Government facilities. Each
program, and plan thereunder, shall --
(1) conform to the principles, standards, and related requirements
contained in the regulations prescribed under section 4118 of this
title;
(2) provide for adequate administrative control by appropriate
authority; and
(3) provide for the encouragement of self-training by employees by
means of appropriate recognition of resultant increases in proficiency,
skill, and capacity.
Two or more agencies jointly may operate under a training program.
(b)(1) Notwithstanding any other provision of this chapter, an agency
may train any employee of the agency to prepare the employee for
placement in another agency if the head of the agency determines that
the employee will otherwise be separated under conditions which would
entitle the employee to severance pay under section 5595 of this title.
(2) Before undertaking any training under this subsection, the head
of the agency shall obtain verification from the Office of Personnel
Management that there exists a reasonable expectation of placement in
another agency.
(3) In selecting an employee for training under this subsection, the
head of the agency shall consider --
(A) the extent to which the current skills, knowledge, and abilities
of the employee may be utilized in the new position;
(B) the employee's capability to learn skills and acquire knowledge
and abilities needed in the new position; and
(C) the benefits to the Government which would result from retaining
the employee in the Federal service.
(Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 433; Pub. L. 95-454, title
III, 304, Oct. 13, 1978, 92 Stat. 1146.)
The words ''Within two hundred and seventy days after the date of
enactment of this Act (July 7, 1958)'' are omitted as obsolete.
In paragraph (1), reference to the effective date of the regulations
is omitted as obsolete.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 designated existing provisions as subsec.
(a) and added subsec. (b).
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.
Pub. L. 101-416, 1, Oct. 12, 1990, 104 Stat. 902, provided that:
''(a) In General. -- Notwithstanding the expiration on September 30,
1990, of the Executive Exchange Program Voluntary Services Act of 1986
(5 U.S.C. 4103 note), any individual who, as of that date, is or was
participating in a program established under such Act may continue to
perform voluntary services for the Government, and the Government may
continue to accept those services, for not more than an additional 90
days beyond that expiration date, to the same extent as if such Act had
not expired.
''(b) Effective Date. -- This section shall be effective as of
September 30, 1990.''
Pub. L. 99-424, Sept. 30, 1986, 100 Stat. 964, as amended by Pub.
L. 101-87, Aug. 16, 1989, 103 Stat. 595, authorized President to
establish an experimental program, to be conducted during fiscal years
1987 through 1990, under which voluntary services could be accepted by
the Government, without regard to 31 U.S.C. 1342.
Exception of Central Intelligence Agency from provisions of cl. (1)
of this section and certain other provisions of this chapter, and
section 1308 of this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24
F.R. 1301 set out as a note under section 4102 of this title.
Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 301 of Title 3 of
the United States Code and by section 2 of the Act of July 7, 1958 (72
Stat. 327), it is ordered as follows:
Section 101. (a) As used in this order, the terms ''agency'',
''employee'', ''Government'', and ''training'', have meanings given to
those terms, respectively, by section 4101 of Title 5, United States
Code.
(b) ''Interagency training'' means training provided by one agency
for other agencies or shared by two or more agencies.
Sec. 102. It is the policy of the Government of the United States to
develop its employees through the establishment and operation of
progressive and efficient training programs, thereby improving public
service, increasing efficiency and economy, building and retaining a
force of skilled and efficient employees, and installing and using the
best modern practices and techniques in the conduct of the Government's
business.
Sec. 103. The Office of Personnel Management shall provide leadership
and guidance to insure that the policy set forth in section 102 is
carried out.
Sec. 201. The Office of Personnel Management shall plan and promote
the development, improvement, coordination, and evaluation of training
in accordance with chapter 41 of Title 5, United States Code, and with
the policy set forth in section 102 of this order.
Sec. 202. In carrying out its responsibilities under chapter 41 of
Title 5, United States Code, and section 201 of this order, the Office
shall:
(a) Advise the President on means for furthering and strengthening
programs of training;
(b) Counsel heads of agencies and other agency officials on the
improvement of training;
(c) Assist agencies to develop sound programs and financial plans for
training and provide advice, information, and assistance to agencies on
planning, programming, budgeting, operating, and evaluating training
programs;
(d) Identify functional areas in which new or expanded interagency
training activity is needed and either conduct such training or arrange
for agencies having the substantive competence to do so;
(e) Coordinate interagency training conducted by and for agencies
(including agencies and portions of agencies excepted by section 4102(
a) of Title 5, United States Code);
(f) Encourage agencies to make appropriate use of non-Government
training resources;
(g) Develop, install, and maintain a system to provide the training
data needed to carry out its own functions and to provide staff
assistance to the President; and
(h) Provide for identification and dissemination of findings of
research into training technology and undertake or assign to other
agencies, such research projects as may be needed.
Sec. 301. The head of each agency shall plan, program, budget,
operate, and evaluate training programs in accordance with chapter 41 of
Title 5, United States Code, and with the policy set forth in section
102 of this order.
Sec. 302. The head of each agency shall:
(a) Foster employee self-development by creating a work environment
in which self-development is encouraged, by assuring that opportunities
for training and self-study materials are reasonably available, where
the employee is stationed, and by recognizing self-initiated improvement
in performance;
(b) Provide training for employees without regard to race, creed,
color, national origin, sex, or other factors unrelated to the need for
training;
(c) Establish and make full use of agency facilities for training
employees;
(d) Extend agency training programs to employees of other agencies
(including agencies and portions of agencies excepted by section 4102(
a) of Title 5, United States Code) and assign his employees to
interagency training whenever this will result in better training,
improved service, or savings to the Government;
(e) Establish interagency training facilities in areas of substantive
competence as arranged by the Office of Personnel Management; and
(f) Use non-Government training resources as appropriate.
Sec. 303. In carrying out his responsibilities, the head of each
agency shall, consonant with chapter 41 of Title 5, United States Code,
this order, and regulations of the Office of Personnel Management:
(a) Review periodically, but not less often than annually, the
agency's program to identify training needed to bring about more
effective performance at the least possible cost;
(b) Conduct periodic reviews of individual employee's training needs
as related to program objectives;
(c) Conduct research related to training objectives and required for
program improvement and effectiveness;
(d) Plan, program, and evaluate training for both short and longrange
program needs by occupations, organizations, or other appropriate
groups;
(e) Establish priorities for needed training, and provide for the use
of funds and manhours in accordance with these priorities;
(f) Utilize the flexibility of work assignments to provide work
experience which promotes growth leading to higher quality and greater
quantity of work done;
(g) Establish training facilities and services as needed;
(h) Monitor the effectiveness with which self-development is
encouraged and on-the-job training is provided at all levels; and
(i) Establish criteria for the selection of employees for training;
and
(j) Approve the acceptance of any contributions, awards, or payments
to employees authorized by section 401(b) of this order and regulations
issued by the Office of Personnel Management.
Sec. 401. The following functions vested in the President are hereby
delegated to the Office of Personnel Management:
(a) The authority under section 4102(b)(1) of Title 5, United States
Code, to designate any agency or part thereof, or any employee or
employees therein, as excepted from any provision of chapter 41, of
Title 5, United States Code, other than sections 4102, 4111(b), and
4112; and to designate any such agency or part thereof, or any employee
or employees therein previously excepted, as again subject to chapter 41
of Title 5, United States Code, or any provision of that chapter.
(b) The authority under section 4111(a) of Title 5, United States
Code, to fix by regulation the extent to which the contributions,
awards, and payments referred to in that section may be made to and
accepted by employees.
Sec. 402. The authority vested in the President by section 4101(6)(
B) of Title 5, United States Code, to designate a foreign government or
international organization or instrumentality of either as eligible to
provide training, is hereby delegated to the head of each agency for his
employees except that each such designation shall be made only after the
agency head concerned has obtained and given due consideration to the
advice of the Department of State thereon prior to the first use of such
training facility and thereafter periodically but not less often than
once every three years.
Sec. 501. Executive Order No. 10800 of January 15, 1959, is hereby
revoked.
Ex. Ord. No. 11451, Jan. 19, 1969, 34 F.R. 921, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established the
President's Commission on Personnel Interchange, was superseded by Ex.
Ord. No. 12136, May 15, 1979, 44 F.R. 28771, formerly set out below.
Ex. Ord. No. 12136, May 15, 1979, 44 F.R. 28771, which continued the
President's Commission on Personnel Interchange and renamed it the
President's Commission on Executive Exchange, was revoked by Ex. Ord.
No. 12493, Dec. 5, 1984, 49 F.R. 47819, formerly set out below.
Ex. Ord. No. 12493, Dec. 5, 1984, 49 F.R. 47819, as amended by Ex.
Ord. No. 12516, May 21, 1985, 50 F.R. 21417; Ex. Ord. No. 12602, July
15, 1987, 52 F.R. 27187, which continued the President's Commission on
Executive Exchange, was revoked by Ex. Ord. No. 12760, 2, May 2, 1991,
56 F.R. 21062, set out below.
Ex. Ord. No. 12574, Nov. 20, 1986, 51 F.R. 42199, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including the Executive
Exchange Program Voluntary Services Act of 1986 (5 U.S.C. 4103 note, 100
Stat. 964), it is hereby ordered as follows:
Section 1. Establishment of the Program. Effective October 1, 1986,
there is established, within the Executive Exchange Program of the
President's Commission on Executive Exchange, an experimental program
under which Executive agencies of the government may accept voluntary
services for the United States from private sector participants in the
Executive Exchange Program.
Sec. 2. Program Limits. The experimental program shall be conducted
during the fiscal years 1987 through 1989, and not more than ten
individuals may commence participation in the program during any fiscal
year. Acceptance of voluntary services from such individuals may not
result in the displacement of any employee of the government.
Sec. 3. Participant Restrictions. An individual participating in the
experimental program shall be considered an employee of the agency to
which assigned for purposes of any laws, rules, and regulations of the
United States, except that such individual shall not be covered by
chapters 51, 53, 63, 83, 87, or 89 of title 5, United States Code, or
any comparable provisions relating to classification, pay, leave,
retirement, life insurance, or health benefits for employees of the
government.
Ronald Reagan.
Ex. Ord. No. 12760, May 2, 1991, 56 F.R. 21062, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. The President's Commission on Executive Exchange is
hereby abolished. The Director of the Office of Personnel Management
shall be responsible for terminating the functions of the Commission,
which shall be completed no later than September 30, 1991.
Sec. 2. Executive Order No. 12493 of December 5, 1984 is revoked.
George Bush.
05 USC 4104. Government facilities; use of
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An agency program for the training of employees by, in, and through
Government facilities under this chapter shall --
(1) provide for training, insofar as practicable, by, in, and through
Government facilities under the jurisdiction or control of the agency;
and
(2) provide for the making by the agency, to the extent necessary and
appropriate, of agreements with other agencies in any branch of the
Government, on a reimbursable basis when requested by the other
agencies, for --
(A) use of Government facilities under the jurisdiction or control of
the other agencies in any branch of the Government; and
(B) extension to employees of the agency of training programs of
other agencies.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434.)
In paragraph (2), the words ''other agencies in any branch of the
Government'' and ''the other agencies'' are coextensive with and
substituted for ''other departments, and with other agencies in any
branch of the Government'' and ''such other departments and agencies''.
This is so because ''other agencies in any branch of the Government'' is
broader than ''agency'' as defined for the purpose of this chapter in
section 4101(1).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 4105. Non-Government facilities; use of
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The head of an agency, without regard to section 5 of title 41,
may make agreements or other arrangements for the training of employees
of the agency by, in, or through non-Government facilities under this
chapter.
(b) An agency program for the training of employees by, in, and
through non-Government facilities under this chapter shall --
(1) provide that information concerning the selection and assignment
of employees for training and the applicable training limitations and
restrictions be made available to employees of the agency; and
(2) give consideration to the needs and requirements of the agency in
recruiting and retaining scientific, professional, technical, and
administrative employees.
(c) In order to protect the Government concerning payment and
reimbursement of training expenses, each agency shall prescribe such
regulations as it considers necessary to implement the regulations
prescribed under section 4118(a)(8) of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434.)
In subsection (a), the word ''appropriate'' is omitted as
unnecessary.
In subsection (b)(1), the words ''by, in, and through non-Government
facilities'' are omitted as unnecessary in view of the previous
reference in the subsection.
In subsection (b)(2), the word ''appropriate'' is omitted as
unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Exception of Central Intelligence Agency from provisions of subsec.
(b)(1) of this section and certain other provisions of this chapter, and
section 1308 of this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24
F.R. 1301, set out as a note under section 4102 of this title.
05 USC 4106. Non-Government facilities; amount of training limited
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The training of employees by, in, and through non-Government
facilities under this chapter is subject to the following limitations:
(1) The number of man-years of training for an agency in a fiscal
year may not exceed 1 percent of the total number of man-years of
civilian employment for the agency in the same fiscal year as disclosed
by the agency budget estimates for the year.
(2) An employee having less than 1 year of current, continuous
civilian service is not eligible for training unless the head of his
agency determines, under regulations prescribed under section 4118 of
this title, that training for the employee is in the public interest.
(3) The time spent by an employee in training may not exceed 1 year
in the first 10-year period and in each subsequent 10-year period of his
continuous or non-continuous civilian service in the Government.
The Office of Personnel Management may prescribe other limitations,
in accordance with the provisions and purposes of this chapter,
concerning the time which may be spent by an employee in training.
(b) On recommendation of the head of an agency, the Office may waive,
with respect to that agency or part thereof or one or more employees
therein, all or any of the limitations covered by subsection (a) of this
section, if the Office determines that the application of all or any of
the limitations thereto is contrary to the public interest. The Office,
in the public interest, may reimpose all or any of the limitations so
waived.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 434; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In subsection (a)(1), the words ''by, in, and through non-Government
facilities'' are omitted as unnecessary in view of the previous
reference in the subsection.
In subsection (a)(2), the prohibition is restated in positive form.
In the last sentence of subsection (a) and in subsection (b), the
words ''in its discretion'' are omitted as unnecessary in view of the
permissive nature of the authority.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission'' and ''Office''
for ''Commission'' wherever appearing.
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.
Exception of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter and section 4102 of
this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set
out as a note under section 4102 of this title.
05 USC 4107. Non-Government facilities; restrictions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Appropriations or other funds available to an agency are not
available for payment for training an employee --
(1) by, in or through a non-Government facility which teaches or
advocates the overthrow of the Government of the United States by force
or violence; or
(2) by or through an individual concerning whom determination has
been made by a proper Government administrative or investigatory
authority that, on the basis of information or evidence developed in
investigations and procedures authorized by law or Executive order,
there exists a reasonable doubt of his loyalty to the United States.
(b) This chapter does not authorize training an employee by, in, or
through a non-Government facility a substantial part of the activities
of which is --
(1) carrying on propaganda, or otherwise attempting, to influence
legislation; or
(2) participating or intervening, including publishing or
distributing statements, in a political campaign on behalf of a
candidate for public office.
(c) Except as provided in subsection (d) of this section, this
chapter does not authorize the selection and assignment of an employee
for training by, in, or through a non-Government facility, or the
payment or reimbursement of the costs of training, for --
(1) the purpose of providing an opportunity to an employee to obtain
an academic degree in order to qualify for appointment to a particular
position for which the academic degree is a basic requirement; or
(2) the sole purpose of providing an opportunity to an employee to
obtain one or more academic degrees.
(d)(1) The regulations prescribed under section 4118 of this title
shall include provisions under which the head of an agency may provide
training, or payment or reimbursement for the costs of any training, not
otherwise allowable under subsection (c) of this section, if necessary
to assist in the recruitment or retention of employees in occupations in
which the Government has or anticipates a shortage of qualified
personnel, especially in occupations involving critical skills (as
defined under such regulations).
(2) In exercising any authority under this subsection, an agency
shall, consistent with the merit system principles set forth in
paragraphs (1) and (2) of section 2301(b) of this title, take into
consideration the need to maintain a balanced workforce in which women
and members of racial and ethnic minority groups are appropriately
represented in Government service.
(3) No authority under this subsection may be exercised on behalf of
any employee occupying or seeking to qualify for appointment to any
position which is excepted from the competitive service because of its
confidential, policy-determining, policy-making, or policy-advocating
character.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 101-510, div.
A, title XII, 1206(a), Nov. 5, 1990, 104 Stat. 1659.)
The prohibitions are restated in positive form.
In subsection (a)(2), the words ''Executive order'' are substituted
for ''Executive orders of the President''.
In subsection (c), the words ''under authority of this chapter'' and
''by the Government'' are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (c). Pub. L. 101-510, 1206(a)(1), substituted
''Except as provided in subsection (d) of this section, this'' for
''This'' in introductory provisions.
Subsec. (d). Pub. L. 101-510, 1206(a)(2), added subsec. (d).
title 10 section 1745.
05 USC 4108. Employee agreements; service after training
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An employee selected for training by, in, or through a
non-Government facility under this chapter shall agree in writing with
the Government before assignment to training that he will --
(1) continue in the service of his agency after the end of the
training period for a period at least equal to three times the length of
the training period unless he is involuntarily separated from the
service of his agency; and
(2) pay to the Government the amount of the additional expenses
incurred by the Government in connection with his training if he is
voluntarily separated from the service of his agency before the end of
the period for which he has agreed to continue in the service of his
agency.
(b) The payment agreed to under subsection (a)(2) of this section may
not be required of an employee who leaves the service of his agency to
enter into the service of another agency in any branch of the Government
unless the head of the agency that authorized the training notifies the
employee before the effective date of his entrance into the service of
the other agency that payment will be required under this section.
(c) If an employee, except an employee relieved of liability under
subsection (b) of this section or section 4102(b) of this title, fails
to fulfill his agreement to pay to the Government the additional
expenses incurred by the Government in connection with his training, a
sum equal to the amount of the additional expenses of training is
recoverable by the Government from the employee or his estate by --
(1) setoff against accrued pay, compensation, amount of retirement
credit, or other amount due the employee from the Government; and
(2) such other method as is provided by law for the recovery of
amounts owing to the Government.
The head of the agency concerned, under the regulations prescribed
under section 4118 of this title, may waive in whole or in part a right
of recovery under this subsection, if it is shown that the recovery
would be against equity and good conscience or against the public
interest.
(d) For purposes of this section, ''training'' includes a private
sector assignment of an employee participating in the Executive Exchange
Program of the President's Commission on Executive Exchange.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 98-224, 5( a),
Mar. 2, 1984, 98 Stat. 48.)
In subsection (a), the last sentence of former section 2310(a) is
omitted as included in the first sentence of the revised subsection.
In subsection (b), the words, ''another agency in any branch of the
Government'' are coextensive with and substituted for ''another
department or of any other agency in any branch of the Government''.
This is so because ''agency in any branch of the Government'' is broader
than ''agency'' as defined for the purpose of this chapter in section
4101(1).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1984 -- Subsec. (d). Pub. L. 98-224 added subsec. (d).
Exception of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter, see Ex. Ord. No.
10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under section
4102 of this title.
05 USC 4109. Expenses of training
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The head of an agency, under the regulations prescribed under
section 4118(a)(8) of this title and from appropriations or other funds
available to the agency, may --
(1) pay all or a part of the pay (except overtime, holiday, or night
differential pay) of an employee of the agency selected and assigned for
training under this chapter, for the period of training; and
(2) pay, or reimburse the employee for, all or a part of the
necessary expenses of the training, without regard to section 3324(a)
and (b) of title 31, including among the expenses the necessary costs of
--
(A) travel and per diem instead of subsistence under subchapter I of
chapter 57 of this title or, in the case of commissioned officers of the
National Oceanic and Atmospheric Administration, sections 404 and 405 of
title 37, and the Joint Travel Regulations for the Uniformed Services;
(B) transportation of immediate family, household goods and personal
effects, packing, crating, temporarily storing, draying, and unpacking
under section 5724 of this title or, in the case of commissioned
officers of the National Oceanic and Atmospheric Administration,
sections 406 and 409 of title 37, and the Joint Travel Regulations for
the Uniformed Services, when the estimated costs of transportation and
related services are less than the estimated aggregate per diem payments
for the period of training;
(C) tuition and matriculation fees;
(D) library and laboratory services;
(E) purchase or rental of books, materials, and supplies; and
(F) other services or facilities directly related to the training of
the employee.
(b) The expenses of training do not include membership fees except to
the extent that the fee is a necessary cost directly related to the
training itself or that payment of the fee is a condition precedent to
undergoing the training.
(c) Notwithstanding subsection (a)(1) of this section, the
Administrator, Federal Aviation Administration, may pay an individual
training to be an air traffic controller of such Administration, and the
Secretary of Defense may pay an individual training to be an air traffic
controller of the Department of Defense, during the period of such
training, at the applicable rate of basic pay for the hours of training
officially ordered or approved in excess of forty hours in an
administrative workweek.
(d)(1) The revolving fund referred to in section 1304(e)(1) of this
title shall be available to the Executive Exchange Program of the
President's Commission on Executive Exchange without fiscal year
limitation --
(A) for the costs of education and related travel of participants in
such program; and
(B) for printing, without regard to section 501 of title 44; and
(C) in such amounts as may be specified in appropriations Acts, for
entertainment expenses.
(2) Participation fees which the President's Commission on Executive
Exchange may impose and collect for participation in its Executive
Exchange Program (including the balance of any participation fees
collected under former section 1304(e)(1)(ii) of this title as of the
effective date of this subsection) shall be credited to the revolving
fund.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436; Pub. L. 90-83, 1(
4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 96-54, 2(a)(19), Aug. 14,
1979, 93 Stat. 382; Pub. L. 97-258, 3(a)(9), Sept. 13, 1982, 96 Stat.
1063; Pub. L. 97-276, 151(a), Oct. 2, 1982, 96 Stat. 1200; Pub. L.
98-224, 5(b)(2), Mar. 2, 1984, 98 Stat. 48; Pub. L. 98-525, title XV,
1537(a), Oct. 19, 1984, 98 Stat. 2635.)
In subsection (a)(1) and (2), the words ''training under this
chapter'' and ''the training'' are substituted for ''training by, in, or
through Government facilities or non-Government facilities under
authority of this chapter'' and ''such training'', respectively.
In subsection (a)(2)(A), the words ''and the Standardized Government
Travel Regulations'' are omitted as included by the reference to
''subchapter I of chapter 57 of this title''.
In subsection (a)(2)(A) and (B), the words ''sections 404 and 405 of
title 37'' and ''sections 406 and 409 of title 37'' are substituted for
the references to ''section 253 of title 37'' on authority of section
12(b) of the Act of Sept. 7, 1962, Pub. L. 87-649, 76 Stat. 497.
In subsection (a)(2)(B), the words ''under section 5724 of this
title'' are substituted for ''in accordance with section 73b-1 of this
title, and Executive Order Numbered 9805, as amended'' to reflect the
codification of former section 73b-1 in this title and in view of the
revocation of Executive Order No. 9805 by Executive Order No. 11012 of
Mar. 27, 1962. The reference only to section 5724 is sufficient since
that section contains the applicable substantive law, including the
authority of the President to prescribe 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.
The effective date of this subsection, referred to in subsec. (d)(
2), is the date of enactment of Pub. L. 98-224, which was approved Mar.
2, 1984.
1984 -- Subsec. (c). Pub. L. 98-525 inserted ''and the Secretary of
Defense may pay an individual training to be an air traffic controller
of the Department of Defense,''.
Subsec. (d). Pub. L. 98-224 added subsec. (d).
1982 -- Subsec. (a)(2). Pub. L. 97-258 substituted ''section 3324(
a) and (b)'' for ''section 529''.
Subsec. (c). Pub. L. 97-276 added subsec. (c).
1979 -- Subsec. (a)(2). Pub. L. 96-54 substituted ''National Oceanic
and Atmospheric'' for ''Environmental Science Services'' in cls. (A)
and (B).
1967 -- Subsec. (a)(2). Pub. L. 90-83 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic Survey'' in
cls. (A) and (B). See Historical and Revision Notes under section 2101
of this title.
Section 1537(f) of Pub. L. 98-525 provided that: ''The amendments
made by this section (amending this section and sections 5532, 5546a,
5547, and 8344 of this title) shall take effect on October 1, 1984.''
Amendment by Pub. L. 97-276 effective on first day of first
applicable pay period beginning after Oct. 2, 1982, see section 151(
h)(2) of Pub. L. 97-276, set out as an Effective Date note under
section 5546a of this title.
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.
Exception of Central Intelligence Agency from introductory provisions
of subsec. (a) of this section and certain other provisions of this
chapter, and section 1308 of this title, see Ex. Ord. No. 10805, Feb.
18, 1959, 24 F.R. 1301, set out as a note under section 4102 of this
title.
Use of appropriated funds for membership dues or fees or for expenses
of attendance at meetings prohibited except as authorized by this
section, see section 5946 of this title.
05 USC 4110. Expenses of attendance at meetings
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Appropriations available to an agency for travel expenses are
available for expenses of attendance at meetings which are concerned
with the functions or activities for which the appropriation is made or
which will contribute to improved conduct, supervision, or management of
the functions or activities.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 436.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Use of appropriated funds for membership dues or fees or for expenses
of attendance at meetings prohibited except as authorized by this
section, see section 5946 of this title.
05 USC 4111. Acceptance of contributions, awards, and other payments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) To the extent authorized by regulation of the President,
contributions and awards incident to training in non-Government
facilities, and payment of travel, subsistence, and other expenses
incident to attendance at meetings, may be made to and accepted by an
employee, without regard to section 209 of title 18, if the
contributions, awards, and payments are made by an organization
determined by the Secretary of the Treasury to be an organization
described by section 501(c)(3) of title 26 which is exempt from taxation
under section 501(a) of title 26.
(b) When a contribution, award, or payment, in cash or in kind, is
made to an employee for travel, subsistence, or other expenses under
subsection (a) of this section, an appropriate reduction, under
regulations of the President, shall be made from payment by the
Government to the employee for travel, subsistence, or other expenses
incident to training in a non-Government facility or to attendance at a
meeting.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L. 96-54, 2(a)(
2), Aug. 14, 1979, 93 Stat. 381.)
In subsection (a), the words ''section 209 of title 18'' are
substituted for ''section 1914 of title 18'' on authority of the Act of
Oct. 23, 1962, Pub. L. 87-849, 2, 76 Stat. 1126.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Subsec. (b). Pub. L. 96-54 substituted ''President'' for
''Director of the Bureau of the Budget''.
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.
Functions vested by law (including reorganization plan) in Bureau of
the Budget or Director of Bureau of the Budget transferred to President
by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R.
7959, 84 Stat. 2085, set out in the Appendix to this title. Section
102 of 1970 Reorg. Plan No. 2, redesignated Bureau of the Budget as
Office of Management and Budget.
Functions of President under subsec. (a) of this section delegated
to Office of Personnel Management, see section 401(b) of Ex. Ord. No.
11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under section
4103 of this title.
Functions of President under subsec. (b) of this section delegated
to Director of Office of Management and Budget, see Ex. Ord. No. 12152,
Aug. 14, 1979, 44 F.R. 48143, set out as a note under section 301 of
Title 3, The President.
section 7423.
05 USC 4112. Absorption of costs within funds available
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The President, to the extent he considers practicable, shall
provide by regulation for the absorption of the costs of the training
programs and plans under this chapter by the respective agencies from
applicable appropriations or funds available for each fiscal year.
(b) Subsection (a) of this section may not be held or considered to
require --
(1) the separation of an individual from the service by reduction in
force or other personnel action; or
(2) the placement of an individual in a leave-without-pay status.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L. 96-54, 2(a)(
2), Aug. 14, 1979, 93 Stat. 381.)
In subsection (a), the words ''for each fiscal year'' are substituted
for ''for the fiscal year in which this chapter is enacted and for each
succeeding fiscal year''.
In subsection (b), the prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1979 -- Subsec. (a). Pub. L. 96-54 substituted ''President'' for
''Director of the Bureau of the Budget''.
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.
Functions of President under subsec. (a) of this section delegated
to Director of Office of Management and Budget, see Ex. Ord. No. 12152,
Aug. 14, 1979, 44 F.R. 48143, set out as a note under section 301 of
Title 3, The President.
05 USC 4113. Agency review of training needs; annual program reports
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The head of each agency, at least once every 3 years, shall
review the needs and requirements of the agency for the training of
employees under its jurisdiction. The Office of Personnel Management,
on request of an agency, may assist the agency with the review.
Information obtained or developed in a review shall be made available to
the Office at its request.
(b) Each agency shall report annually to the Office, at such times
and in such form as the Office prescribes, on its programs and plans for
the training of employees under this chapter. The report shall set
forth --
(1) such information concerning the expenditures of the agency in
connection with training as the Office considers appropriate;
(2) the name of each employee of the agency, except a student
participating in a cooperative educational program, who, during the
period covered by the report, received training by, in, or through a
non-Government facility for more than 120 days; the grade, title, and
primary duties of the position held by the employee; the name of the
non-Government facility from which the training was received; the
nature, length, and cost of the training to the Government; and the
relationship of the training to official duties;
(3) the name of each employee of the agency who received a
contribution or award under section 4111(a) of this title during the
period covered by the report;
(4) a statement concerning the value of the training to the agency;
(5) estimates of the extent to which economies and improved
operations have resulted from the training; and
(6) such other information as the agency or the Office considers
appropriate.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 437; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In subsection (a), the words ''Within ninety days after the date of
enactment of this Act (July 7, 1958)'' are omitted as obsolete.
In subsection (b), the words ''training of employees under this
chapter'' are substituted for ''training of employees by, in, and
through Government facilities and non-Government facilities under
authority of this chapter.''
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' and ''Office'' for ''Civil Service Commission''
and ''Commission'', respectively, wherever appearing.
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.
Exceptions of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter and section 1308 of
this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set
out as a note under section 4102 of this title.
Report to President on training of employees under this chapter to
include summary of information received under subsec. (b) of this
section, see section 1308 of this title.
05 USC 4114. Non-Government facilities; review of training programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management, at the times and to the extent it
considers necessary, shall review the operations, activities, and
related transactions of each agency in connection with each agency
program, and plan thereunder, for the training of its employees by, in,
and through non-Government facilities under this chapter in order to
determine whether the operations, activities, and related transactions
comply with the programs and plans, the provisions and purposes of this
chapter, and the principles, standards, and related requirements
contained in the regulations prescribed under section 4118 of this
title. Each agency, on request of the Office shall cooperate and assist
in the review. If the Office finds that noncompliance exists in an
agency, the Office, after consultation with the agency, shall certify to
the head of the agency its recommendations for change of actions and
procedures. If, after a reasonable time for placing its recommendations
in effect, the Office finds that noncompliance continues to exist in the
agency, the Office shall report the finding to the President for such
action as he considers appropriate.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
The words ''modification or'' are omitted as redundant.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' and ''Office'' for ''Civil Service Commission'' and
''Commission'', respectively, wherever appearing.
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.
Exception of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter and section 1308 of
this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set
out as a note under section 4102 of this title.
05 USC 4115. Collection of training information
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management, to the extent it considers
appropriate in the public interest, may collect information concerning
training programs, plans, and the methods inside and outside the
Government. The Office, on request, may make the information available
to an agency and to Congress.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In the first sentence, the words ''from time to time'' are omitted as
unnecessary. In the second sentence, the word ''appropriate'' is
omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' and ''Office'' for ''Civil Service Commission'' and
''Commission'', respectively.
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.
Exception of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter and section 1308 of
this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set
out as a note under section 4102 of this title.
05 USC 4116. Training program assistance
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management, on request of an agency, shall
advise and assist in the establishment, operation, and maintenance of
the training programs and plans of the agency under this chapter, to the
extent of its facilities and personnel available for that purpose.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title
IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' for ''Civil Service Commission''.
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.
05 USC 4117. Administration
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management has the responsibility and
authority for effective promotion and coordination of the training
programs under this chapter and training operations thereunder. The
functions, duties, and responsibilities of the Office under this chapter
are subject to supervision and control by the President and review by
Congress.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
Former sections 2301(4) and 2318(e) are combined and restated for
clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' and ''Office'' for ''Civil Service Commission'' and
''Commission'', respectively.
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.
Exception of Central Intelligence Agency from provisions of subd.
(4) of this section and certain other provisions of this chapter and
section 1308 of this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24
F.R. 1301, set out as a note under section 4102 of this title.
05 USC 4118. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management, after considering the needs
and requirements of each agency for training its employees and after
consulting with the agencies principally concerned, shall prescribe
regulations containing the principles, standards, and related
requirements for the programs, and plans thereunder, for the training of
employees under this chapter, including requirements for coordination of
and reasonable uniformity in the agency training programs and plans.
The regulations shall provide for the maintenance of necessary
information concerning the general conduct of the training activities of
each agency, and such other information as is necessary to enable the
President and Congress to discharge effectively their respective duties
and responsibilities for supervision, control, and review of these
training programs. The regulations also shall cover --
(1) requirements concerning the determination and continuing review
by each agency of its training needs and requirements;
(2) the scope and conduct of the agency training programs and plans;
(3) the selection and assignment of employees of each agency for
training;
(4) the use in each agency of the services of employees who have
undergone training;
(5) the evaluation of the results and effects of the training
programs and plans;
(6) the interchange of training information among the agencies;
(7) the submission of reports by the agencies on results and effects
of training programs and plans and economies resulting therefrom,
including estimates of costs of training by, in, and through
non-Government facilities;
(8) requirements and limitations necessary with respect to payments
and reimbursements in accordance with section 4109 of this title; and
(9) other matters considered appropriate or necessary by the Office
to carry out the provisions of this chapter.
(b) In addition to the matters set forth by subsection (a) of this
section, the regulations, concerning training of employees by, in, or
through non-Government facilities, shall --
(1) prescribe general policies governing the selection of a
non-Government facility to provide training;
(2) authorize training of employees only after the head of the agency
concerned determines that adequate training for employees by, in, or
through a Government facility is not reasonably available, and that
consideration has been given to the existing or reasonably foreseeable
availability and use of fully trained employees; and
(3) prohibit training an employee for the purpose of filling a
position by promotion if there is in the agency concerned another
employee, of equal ability and suitability, fully qualified to fill the
position and available at, or within a reasonable distance from, the
place where the duties of the position are to be performed.
(c) The Office, in accordance with this chapter, may revise,
supplement, or abolish regulations prescribed under this section, and
prescribe additional regulations.
(d) This section does not authorize the Office to prescribe the types
and methods of intra-agency training or to regulate the details of
intra-agency training programs.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 438; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In subsection (a), the word ''appropriate'' is omitted as
unnecessary. The words ''with respect to training by, in, and through
Government facilities and non-Government facilities'' are omitted as
unnecessary.
In subsection (b)(2) and (3), the words ''by, in, or through a
non-Government facility'' are omitted as unnecessary in view of the
previous reference in the subsection.
In subsection (c), the words ''From time to time'' are omitted as
unnecessary.
In subsection (d), the prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (c), (d). Pub. L. 95-454 substituted ''Office
of Personnel Management'' and ''Office'' for ''Civil Service
Commission'' and ''Commission'', respectively, wherever appearing.
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.
Exception of Central Intelligence Agency from provisions of this
section and certain other provisions of this chapter and section 1308 of
this title, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set
out as a note under section 4102 of this title.
05 USC 4119. Training for employees under the Office of the Architect
of the Capitol and the Botanic Garden
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Architect of the Capitol may, by regulation, make applicable
such provisions of this chapter as the Architect determines necessary to
provide for training of (1) individuals employed under the Office of the
Architect of the Capitol and the Botanic Garden and (2) other
congressional employees who are subject to the administrative control of
the Architect. The regulations shall provide for training which, in the
determination of the Architect, is consistent with the training provided
by agencies under the preceding sections of this chapter.
(b) The Office of Personnel Management shall provide the Architect of
the Capitol with such advice and assistance as the Architect may request
in order to enable the Architect to carry out the purposes of this
section.
(Added Pub. L. 97-346, 1(a), Oct. 15, 1982, 96 Stat. 1647.)
05 USC CHAPTER 43 -- PERFORMANCE APPRAISAL
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
4301. Definitions.
4302. Establishment of performance appraisal systems.
4302a. Establishment of performance appraisal systems for
performance management and recognition system employees.
4303. Actions based on unacceptable performance.
4304. Responsibilities of /1/ Office of Personnel Management.
4305. Regulations.
4311. Definitions.
4312. Senior Executive Service performance appraisal systems.
4313. Criteria for performance appraisals.
4314. Ratings for performance appraisals.
4315. Regulations.
1984 -- Pub. L. 98-615, title II, 202(b), Nov. 8, 1984, 98 Stat.
3216, added item 4302a.
1978 -- Pub. L. 95-454, title II, 203(a), title IV, 405(b), Oct.
13, 1978, 92 Stat. 1131, 1170, in chapter heading substituted
''APPRAISAL'' for ''RATING'', added heading for subchapter I, in item
4302 substituted ''Establishment of performance appraisal systems'' for
''Performance-rating plans; establishment of'', in item 4303
substituted ''Actions based on unacceptable performance'' for
''Performance-rating plans; requirements for'', in item 4304
substituted ''Responsibilities of Office of Personnel Management'' for
''Ratings for performance'', in item 4305 substituted ''Regulations''
for ''Review of ratings'', struck out items 4306 to 4308
''Performance-rating plans; inspection of'', ''Other rating procedures
prohibited'', and ''Regulations'', respectively, and added item for
subchapter II and items 4311 to 4315.
title 21 section 1502; title 31 section 3801; title
42 section 237; title 49 App. section 1555.
/1/ So in original. Does not conform to section catchline.
05 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1979 -- Pub. L. 96-54, 2(a)(20), Aug. 14, 1979, 93 Stat. 382,
added heading for subchapter I.
05 USC 4301. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''agency'' means --
(A) an Executive agency; and
(B) the Government Printing Office;
but does not include --
(i) a Government corporation;
(ii) the Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, or any Executive agency or unit
thereof which is designated by the President and the principal function
of which is the conduct of foreign intelligence or counterintelligence
activities; or
(iii) the General Accounting Office;
(2) ''employee'' means an individual employed in or under an agency,
but does not include --
(A) an employee outside the United States who is paid in accordance
with local native prevailing wage rates for the area in which employed;
(B) an individual in the Foreign Service of the United States;
(C) a physician, dentist, nurse, or other employee in the Veterans
Health Administration of the Department of Veterans Affairs whose pay is
fixed under chapter 73 of title 38;
(D) an administrative law judge appointed under section 3105 of this
title;
(E) an individual in the Senior Executive Service or the Federal
Bureau of Investigation and Drug Enforcement Administration Senior
Executive Service;
(F) an individual appointed by the President;
(G) an individual occupying a position not in the competitive service
excluded from coverage of this subchapter by regulations of the Office
of Personnel Management; or
(H) an individual who (i) is serving in a position under a temporary
appointment for less than one year, (ii) agrees to serve without a
performance evaluation, and (iii) will not be considered for a
reappointment or for an increase in pay based in whole or in part on
performance; and
(3) ''unacceptable performance'' means performance of an employee
which fails to meet established performance standards in one or more
critical elements of such employee's position.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 91-375, 6(
c)(8), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-251, 2(a)(1), Mar. 27,
1978, 92 Stat. 183; Pub. L. 95-454, title II, 203(a), Oct. 13, 1978, 92
Stat. 1131; Pub. L. 100-325, 2(f), May 30, 1988, 102 Stat. 581; Pub.
L. 101-474, 5(e), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-510, div.
A, title XII, 1206(e), Nov. 5, 1990, 104 Stat. 1661; Pub. L. 102-54,
13(b)(2), June 13, 1991, 105 Stat. 274.)
In paragraph (1), the term ''Executive agency'' is substituted for
the reference to ''executive departments, the independent establishments
and agencies in the executive branch, including corporations wholly
owned by the United States'' and ''the General Accounting Office''. The
exception of ''a Government controlled corporation'' is added in
subparagraph (vii) to preserve the application of this chapter to
''corporations wholly owned by the United States''. The exceptions for
Production credit corporations and Federal intermediate credit banks in
former section 2001(b)(5), (6) are omitted as they are no longer
''corporations wholly owned by the United States''. Under the Farm
Credit Act of 1956, 70 Stat. 659, the production credit corporations
were merged in the Federal intermediate credit banks, and pursuant to
that Act the Federal intermediate credit banks have ceased to be
corporations owned by the United States. The exceptions for Federal
land banks and banks for cooperatives in former section 2001(b)(7), (8)
are omitted as included within the exception of ''a Government
controlled corporation'' in subparagraph (vii).
Paragraph (2) is supplied because the definition of ''employee'' in
section 2105 does not encompass individuals employed by the government
of the District of Columbia. The definition in paragraph (2) does not
encompass members of the uniformed services as they are not ''employed''
in or under an agency.
Paragraph (2)(E) is based on the third and fifth sentences,
respectively, of former sections 1010 and 1011, which are carried into
sections 5362 and 559, respectively, and section 1106(a) of the Act of
Oct. 28, 1949, ch. 782, 63 Stat. 972.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1991 -- Par. (2)(C). Pub. L. 102-54 substituted ''Veterans Health
Administration of the Department of Veterans Affairs'' for ''Department
of Medicine and Surgery, Veterans' Administration''.
1990 -- Par. (1). Pub. L. 101-474 redesignated subpar. (C) as (B)
and struck out former subpar. (B) which included Administrative Office
of United States Courts within definition of ''agency''.
Par. (2)(H). Pub. L. 101-510 added subpar. (H).
1988 -- Par. (2)(E). Pub. L. 100-325 inserted reference to Federal
Bureau of Investigation and Drug Enforcement Administration Senior
Executive Service.
1978 -- Pub. L. 95-454 substituted provisions defining ''agency'',
''employee'', and ''unacceptable performance'' for provisions defining
''agency'' and ''employee''.
Par. (2)(E). Pub. L. 95-251 substituted ''administrative law judge''
for ''hearing examiner''.
1970 -- Par. (1)(ii). Pub. L. 91-375 repealed cl. (ii) which
excluded postal field service from definition of ''agency''.
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. 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.
Additional requirements imposed by statute or otherwise recognized by
law not limited or repealed by par. (2)(E) of this section, see section
559 of this title.
Executive agency, see section 105 of this title.
Office of Personnel Management, investigations, reports, and
regulations for purposes of par. (2)(E) of this section as relating to
administrative law judges, see section 1305 of this title.
Subsequent statutes to be held to supersede or modify par. (2)(E) of
this section only to the extent that they do so expressly, see section
559 of this title.
05 USC 4302. Establishment of performance appraisal systems
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each agency shall develop one or more performance appraisal
systems which --
(1) provide for periodic appraisals of job performance of employees;
(2) encourage employee participation in establishing performance
standards; and
(3) use the results of performance appraisals as a basis for
training, rewarding, reassigning, promoting, reducing in grade,
retaining, and removing employees; /1/
(b) Under regulations which the Office of Personnel Management shall
prescribe, each performance appraisal system shall provide for --
(1) establishing performance standards which will, to the maximum
extent feasible, permit the accurate evaluation of job performance on
the basis of objective criteria (which may include the extent of
courtesy demonstrated to the public) related to the job in question for
each employee or position under the system;
(2) as soon as practicable, but not later than October 1, 1981, with
respect to initial appraisal periods, and thereafter at the beginning of
each following appraisal period, communicating to each employee the
performance standards and the critical elements of the employee's
position;
(3) evaluating each employee during the appraisal period on such
standards;
(4) recognizing and rewarding employees whose performance so
warrants;
(5) assisting employees in improving unacceptable performance; and
(6) reassigning, reducing in grade, or removing employees who
continue to have unacceptable performance but only after an opportunity
to demonstrate acceptable performance.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 95-454, title
II, 203(a), Oct. 13, 1978, 92 Stat. 1132.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Establishment of performance
appraisal systems'' for ''Performance-rating plans; establishment of''
in section catchline and in text substituted provisions relating to the
establishment of a performance appraisal system, for provisions relating
to the establishment of performance-rating plans.
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.
31 section 732.
/1/ So in original. The semicolon probably should be a period.
05 USC 4302a. Establishment of performance appraisal systems for
performance management and recognition system employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each agency shall develop one or more performance appraisal
systems for employees covered by chapter 54 of this title which --
(1) provide for periodic appraisals of job performance of such
employees;
(2) require the joint participation of the supervising official and
the employee in developing performance standards with authority for
establishing standards resting with the supervising official; and
(3) use the results of performance appraisals as a basis --
(A) for adjusting the base pay and making performance award decisions
with respect to any such employee in accordance with the applicable
provisions of such chapter 54; and
(B) for training, rewarding, reassigning, promoting, reducing in
grade, retaining, and removing any such employee.
(b) Under regulations which the Office of Personnel Management shall
prescribe, each performance appraisal system under this section shall
provide for --
(1) five levels of summary performance ratings as follows:
(A) two levels which are above the fully successful level;
(B) a fully successful level; and
(C) two levels which are below the fully successful level;
(2) establishing, in writing, the critical elements of each
employee's position and the performance standards for the fully
successful level for each such element which will, to the maximum extent
feasible, permit accurate evaluation of job performance on the basis of
objective criteria related to the job in question;
(3) communicating, at the beginning of each appraisal period and in
writing, to each employee who is covered by chapter 54 of this title the
performance standards and critical elements of the employee's position;
(4) evaluating each such employee during the appraisal period on the
basis of such standards;
(5) procedures under which any employee whose performance has been
rated below fully successful shall be given a performance improvement
plan (which shall include, along with such other matters as the agency
may consider appropriate, a description of the types of improvements
that the employee must demonstrate to attain the fully successful level
of performance) and a reasonable period of time to attain that level;
and
(6) reassigning, reducing in grade, or removing any employee who
fails to attain at least the fully successful level once afforded the
period under paragraph (5).
The provisions of section 4303, relating to the reduction in grade or
removal of an employee for unacceptable performance, shall apply with
respect to any reduction in grade or removal under paragraph (6).
(c)(1) Appraisals of performance under this section --
(A) shall take into account individual performance and may take into
account organizational accomplishment;
(B) shall be based on factors such as --
(i) any improvement in efficiency, productivity, and quality of work
or service, including any significant reduction in paperwork;
(ii) cost efficiency;
(iii) timeliness of performance;
(iv) other indications of the effectiveness, productivity, and
quality of performance of the employees for whom the employee is
responsible; and
(v) meeting affirmative action goals and achievement of equal
employment opportunity requirements;
(C) may be reviewed by an employee of the agency in accordance with
procedures established by the Office of Personnel Management;
(D) shall, on request of the employee whose performance is appraised,
by /1/ reconsidered by an employee of the agency in accordance with
procedures established by the Office; and
(E) may not be appealed outside the agency.
(2) Reconsideration of an appraisal under paragraph (1)(D) of this
subsection may be made only by an employee who is in a higher position
in the agency than each employee who made, reviewed, or approved the
appraisal.
(d)(1) In order to promote the purposes of this section, there shall
be established within each agency a performance standards review board
(hereinafter in this subsection referred to as the ''board''),
consisting of at least six members, all of whom shall be chosen by the
agency head from individuals employed in or under such agency. Of the
members, at least one-half shall be employees who are covered by chapter
54 of this title and who are in the competitive service. A board shall
be chaired by the member of the board designated for that purpose by the
agency head.
(2) It shall be the function of each board --
(A) to assess, by the use of representative sampling techniques, the
appropriateness of performance standards developed and used by the
agency under this section;
(B) to study the feasibility of an awards program based on the
collective performance of units or other groups of employees who are
covered by chapter 54 of this title, and to submit as part of its annual
report under paragraph (3) of this subsection recommendations for any
actions which the board considers appropriate with respect to any such
program; and
(C) to provide technical assistance with respect to any demonstration
projects which may relate to performance standards of the agency under
this section.
(3) A board shall report to the head of the agency on its activities
under this subsection annually.
(e) In carrying out this section, neither the Office nor any other
agency may prescribe a distribution of levels of performance ratings for
employees covered by chapter 54 of this title.
(f) The Office may not prescribe, or require an agency to prescribe,
any specific performance standard or element for purposes of this
section.
(g) This section and any regulations prescribed under this section
shall cease to be effective as of the date on which chapter 54 of this
title ceases to be effective.
(h) Notwithstanding subsections (a)(2) and (b)(2)-(4), an agency
performance appraisal system may utilize a written statement of the work
objectives of the employee's position to establish performance
requirements related to the position and to evaluate job performance
against such requirements. Such statement of work objectives shall be
jointly developed by the supervising official and the employee, and may
be used in lieu of, or in addition to, critical elements and performance
standards.
(Added Pub. L. 98-615, title II, 202(a), Nov. 8, 1984, 98 Stat.
3214, and amended Pub. L. 101-103, 5(a), Sept. 30, 1989, 103 Stat. 671;
Pub. L. 102-22, 2(a), Mar. 28, 1991, 105 Stat. 71.)
1991 -- Subsec. (h). Pub. L. 102-22 added subsec. (h).
1989 -- Subsec. (b). Pub. L. 101-103 added pars. (5) and (6) and
concluding provisions and struck out former pars (5) and (6) which read
as follows:
''(5) assisting any such employee in improving performance rated at a
level below the fully successful level; and
''(6) reassigning, reducing in grade, or removing any employee who
continues to perform at the level which is 2 levels below the fully
successful level, after such employee has been provided with written
notice of such employee's rating and afforded reasonable opportunity to
raise such employee's level of performance to the fully successful level
or higher.''
Section 2(d) of Pub. L. 102-22 provided that: ''The amendments made
by this section (amending this section and sections 5406 and 5410 of
this title) shall be effective as of April 1, 1991.''
Section 5(b) of Pub. L. 101-103 provided that: ''The amendment made
by this section (amending this section) shall take effect on October 1,
1989, and shall apply with respect to any performance determination
(under section 4302a(b)(4) of title 5, United States Code) given on or
after that date.''
Section effective Oct. 1, 1984, and applicable with respect to pay
periods commencing on or after that date, with certain exceptions and
qualifications, see section 205 of Pub. L. 98-615, set out as an
Effective Date of 1984 Amendment note under section 5401 of this title.
/1/ So in original. Probably should be ''be''.
05 USC 4303. Actions based on unacceptable performance
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Subject to the provisions of this section, an agency may reduce
in grade or remove an employee for unacceptable performance.
(b)(1) An employee whose reduction in grade or removal is proposed
under this section is entitled to --
(A) 30 days' advance written notice of the proposed action which
identifies --
(i) specific instances of unacceptable performance by the employee on
which the proposed action is based; and
(ii) the critical elements of the employee's position involved in
each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which --
(i) in the case of a reduction in grade or removal under this
section, specifies the instances of unacceptable performance by the
employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in
by an employee who is in a higher position than the employee who
proposed the action.
(2) An agency may, under regulations prescribed by the head of such
agency, extend the notice period under subsection (b)(1)(A) of this
section for not more than 30 days. An agency may extend the notice
period for more than 30 days only in accordance with regulations issued
by the Office of Personnel Management.
(c) The decision to retain, reduce in grade, or remove an employee --
(1) shall be made within 30 days after the date of expiration of the
notice period, and
(2) in the case of a reduction in grade or removal, may be based only
on those instances of unacceptable performance by the employee --
(A) which occurred during the 1-year period ending on the date of the
notice under subsection (b)(1)(A) of this section in connection with the
decision; and
(B) for which the notice and other requirements of this section are
complied with.
(d) If, because of performance improvement by the employee during the
notice period, the employee is not reduced in grade or removed, and the
employee's performance continues to be acceptable for 1 year from the
date of the advance written notice provided under subsection (b)( 1)(A)
of this section, any entry or other notation of the unacceptable
performance for which the action was proposed under this section shall
be removed from any agency record relating to the employee.
(e) Any employee who is --
(1) a preference eligible;
(2) in the competitive service; or
(3) in the excepted service and covered by subchapter II of chapter
75,
and who has been reduced in grade or removed under this section is
entitled to appeal the action to the Merit Systems Protection Board
under section 7701.
(f) This section does not apply to --
(1) the reduction to the grade previously held of a supervisor or
manager who has not completed the probationary period under section
3321(a)(2) of this title,
(2) the reduction in grade or removal of an employee in the
competitive service who is serving a probationary or trial period under
an initial appointment or who has not completed 1 year of current
continuous employment under other than a temporary appointment limited
to 1 year or less, or
(3) the reduction in grade or removal of an employee in the excepted
service who has not completed 1 year of current continuous employment in
the same or similar positions.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 95-454, title
II, 203(a), Oct. 13, 1978, 92 Stat. 1133; Pub. L. 101-376, 2(b), Aug.
17, 1990, 104 Stat. 462.)
The words ''required by this chapter'' are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (e). Pub. L. 101-376 amended subsec. (e) generally.
Prior to amendment, subsec. (e) read as follows: ''Any employee who
is a preference eligible or is in the competitive service and who has
been reduced in grade or removed under this section is entitled to
appeal the action to the Merit Systems Protection Board under section
7701 of this title.''
1978 -- Pub. L. 95-454 substituted ''Actions based on unacceptable
performance'' for ''Performance-rating plans; requirements for'' in
section catchline and in text substituted provisions relating to actions
based on unacceptable performance, for provisions relating to
requirements for performance-rating plans.
Section 2(c) of Pub. L. 101-376 provided that: ''The amendments
made by this section (amending this section and section 7511 of this
title) shall apply with respect to any personnel action taking effect on
or after the effective date of this Act (see below).''
Section 4 of Pub. L. 101-376 provided that: ''This Act and the
amendments made by this Act (amending this section, sections 7511 and
7701 of this title, and enacting provisions set out as notes under this
section and section 7501 of this title) shall become effective on the
date of the enactment of this Act (Aug. 17, 1990), and, except as
provided in section 2(c) (set out above), shall apply with respect to
any appeal or other proceeding brought on or after such date.''
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.
title 31 section 732.
05 USC 4304. Responsibilities of the Office of Personnel Management
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management shall make technical
assistance available to agencies in the development of performance
appraisal systems.
(b)(1) The Office shall review each performance appraisal system
developed by any agency under this section and determine whether the
performance appraisal system meets the requirements of this subchapter.
(2) The Comptroller General shall from time to time review on a
selected basis performance appraisal systems established under this
subchapter to determine the extent to which any such system meets the
requirements of this subchapter and shall periodically report its
findings to the Office and to the Congress.
(3) If the Office determines that a system does not meet the
requirements of this subchapter (including regulations prescribed under
section 4305), the Office shall direct the agency to implement an
appropriate system or to correct operations under the system, and any
such agency shall take any action so required.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 440; Pub. L. 95-454, title
II, 203(a), Oct. 13, 1978, 92 Stat. 1134.)
In subsection (a)(1), the words ''corresponding to an efficiency
rating of 'good' under the Veterans' Preference Act of 1944, as amended,
and under laws superseded by this chapter'' in clause (1) of former
section 2005 are omitted, but are carried into section 3502.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Responsibilities of the Office
of Personnel Management'' for ''Ratings for performance'' in section
catchline and in text substituted provisions relating to the
responsibilities of the Office of Personnel Management under this
subchapter, for provisions relating to ratings for performance.
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.
05 USC 4305. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may prescribe regulations to carry
out the purpose of this subchapter.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 441; Pub. L. 95-454, title
II, 203(a), Oct. 13, 1978, 92 Stat. 1134.)
In subsection (c), the words ''as a matter of right'' are omitted as
unnecessary.
In subsection (d), the words ''are entitled'' are substituted for
''shall be afforded an opportunity''. The word ''considers'' is
substituted for ''deems to be''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Regulations'' for ''Review of
ratings'' in section catchline and in text substituted provisions
relating to regulations to carry out this subchapter, for provisions
relating to review of ratings.
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.
05 USC ( 4306 to 4308. Omitted)
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sections 4306 to 4308, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
441, 442, were omitted in the general revision of this chapter by the
Civil Service Reform Act of 1978, Pub. L. 95-454, 203(a), Oct. 13,
1978, 92 Stat. 1131.
Section 4306 related to inspection of performance-rating plans.
Section 4307 related to prohibition of other rating procedures.
Section 4308 related to regulations for administration of the
chapter, and is covered by revised section 4305.
05 USC SUBCHAPTER II -- PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE
SERVICE
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
title 38 section 7425.
05 USC 4311. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter, ''agency'', ''senior executive'',
and ''career appointee'' have the meanings set forth in section 3132(a)
of this title.
(Added Pub. L. 95-454, title IV, 405(a), Oct. 13, 1978, 92 Stat.
1167.)
Subchapter effective 9 months after Oct. 13, 1978, and congressional
review of provisions of sections 401 through 412 of Pub. L. 95-454, see
section 415(a)(1), (b), of Pub. L. 95-454, set out as a note under
section 3131 of this title.
05 USC 4312. Senior Executive Service performance appraisal systems
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each agency shall, in accordance with standards established by
the Office of Personnel Management, develop one or more performance
appraisal systems designed to --
(1) permit the accurate evaluation of performance in any position on
the basis of criteria which are related to the position and which
specify the critical elements of the position;
(2) provide for systematic appraisals of performance of senior
executives;
(3) encourage excellence in performance by senior executives; and
(4) provide a basis for making eligibility determinations for
retention in the Senior Executive Service and for Senior Executive
Service performance awards.
(b) Each performance appraisal system established by an agency under
subsection (a) of this section shall provide --
(1) that, on or before the beginning of each rating period,
performance requirements for each senior executive in the agency are
established in consultation with the senior executive and communicated
to the senior executive;
(2) that written appraisals of performance are based on the
individual and organizational performance requirements established for
the rating period involved; and
(3) that each senior executive in the agency is provided a copy of
the appraisal and rating under section 4314 of this title and is given
an opportunity to respond in writing and have the rating reviewed by an
employee, or (with the consent of the senior executive) a commissioned
officer in the uniformed services serving on active duty, in a higher
level in the agency before the rating becomes final.
(c)(1) The Office shall review each agency's performance appraisal
system under this section, and determine whether the agency performance
appraisal system meets the requirements of this subchapter.
(2) The Comptroller General shall from time to time review
performance appraisal systems under this section to determine the extent
to which any such system meets the requirements under this subchapter
and shall periodically report its findings to the Office and to each
House of the Congress.
(3) If the Office determines that an agency performance appraisal
system does not meet the requirements under this subchapter (including
regulations prescribed under section 4315), the agency shall take such
corrective action as may be required by the Office.
(d) A senior executive may not appeal any appraisal and rating under
any performance appraisal system under this section.
(Added Pub. L. 95-454, title IV, 405(a), Oct. 13, 1978, 92 Stat.
1167, and amended Pub. L. 98-615, title III, 306(b)(2), Nov. 8, 1984, 98
Stat. 3220.)
1984 -- Subsec. (b)(3). Pub. L. 98-615 inserted '', or (with the
consent of the senior executive) a commissioned officer in the uniformed
services serving on active duty,'' and directed that ''executive'' be
struck out which was executed by striking ''executive'' only where it
appeared before ''level in the agency''.
Amendment by Pub. L. 98-615 effective following expiration of 90-day
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615,
set out as a note under section 3135 of this title.
05 USC 4313. Criteria for performance appraisals
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Appraisals of performance in the Senior Executive Service shall be
based on both individual and organizational performance, taking into
account such factors as --
(1) improvements in efficiency, productivity, and quality of work or
service, including any significant reduction in paperwork;
(2) cost efficiency;
(3) timeliness of performance;
(4) other indications of the effectiveness, productivity, and
performance quality of the employees for whom the senior executive is
responsible; and
(5) meeting affirmative action goals and achievement of equal
employment opportunity requirements.
(Added Pub. L. 95-454, title IV, 405(a), Oct. 13, 1978, 92 Stat.
1168.)
05 USC 4314. Ratings for performance appraisals
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each performance appraisal system shall provide for annual
summary ratings of levels of performance as follows:
(1) one or more fully successful levels,
(2) a minimally satisfactory level, and
(3) an unsatisfactory level.
(b) Each performance appraisal system shall provide that --
(1) any appraisal and any rating under such system --
(A) are made only after review and evaluation by a performance review
board established under subsection (c) of this section;
(B) are conducted at least annually, subject to the limitation of
subsection (c)(3) of this section;
(C) in the case of a career appointee, may not be made within 120
days after the beginning of a new Presidential administration; and
(D) are based on performance during a performance appraisal period
the duration of which shall be determined under guidelines established
by the Office of Personnel Management, but which may be terminated in
any case in which the agency making an appraisal determines that an
adequate basis exists on which to appraise and rate the senior
executive's performance;
(2) any career appointee receiving a rating at any of the fully
successful levels under subsection (a)(1) of this section may be given a
performance award under section 5384 of this title;
(3) any senior executive receiving an unsatisfactory rating under
subsection (a)(3) of this section shall be reassigned or transferred
within the Senior Executive Service, or removed from the Senior
Executive Service, but any senior executive who receives 2
unsatisfactory ratings in any period of 5 consecutive years shall be
removed from the Senior Executive Service; and
(4) any senior executive who twice in any period of 3 consecutive
years receives less than fully successful ratings shall be removed from
the Senior Executive Service.
(c)(1) Each agency shall establish, in accordance with regulations
prescribed by the Office, one or more performance review boards, as
appropriate. It is the function of the boards to make recommendations
to the appropriate appointing authority of the agency relating to the
performance of senior executives in the agency.
(2) The supervising official of the senior executive shall provide to
the performance review board, an initial appraisal of the senior
executive's performance. Before making any recommendation with respect
to the senior executive, the board shall review any response by the
senior executive to the initial appraisal and conduct such further
review as the board finds necessary.
(3) Performance appraisals under this subchapter with respect to any
senior executive shall be made by the appointing authority only after
considering the recommendations by the performance review board with
respect to such senior executive under paragraph (1) of this subsection.
(4) Members of performance review boards shall be appointed in such a
manner as to assure consistency, stability, and objectivity in
performance appraisal. Notice of the appointment of an individual to
serve as a member shall be published in the Federal Register.
(5) In the case of an appraisal of a career appointee, more than
one-half of the members of the performance review board shall consist of
career appointees. The requirement of the preceding sentence shall not
apply in any case in which the Office determines that there exists an
insufficient number of career appointees available to comply with the
requirement.
(d) The Office shall include in each report submitted to each House
of the Congress under section 3135 of this title a report of --
(1) the performance of any performance review board established under
this section,
(2) the number of individuals removed from the Senior Executive
Service under subchapter V of chapter 35 of this title for less than
fully successful executive performance, and
(3) the number of performance awards under section 5384 of this
title.
(Added Pub. L. 95-454, title IV, 405(a), Oct. 13, 1978, 92 Stat.
1169.)
05 USC 4315. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall prescribe regulations to
carry out the purpose of this subchapter.
(Added Pub. L. 95-454, title IV, 405(a), Oct. 13, 1978, 92 Stat.
1170.)
05 USC CHAPTER 45 -- INCENTIVE AWARDS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
4501. Definitions.
4502. General provisions.
4503. Agency awards.
4504. Presidential awards.
4505. Awards to former employees.
4505a. Performance-based cash awards.
4506. Regulations.
4507. Awarding of ranks in the Senior Executive Service.
4511. Definition and general provisions.
4512. Agency awards for cost savings disclosures.
4513. Presidential awards for cost savings disclosures.
4514. Expiration of authority.
4521. Definition.
4522. General provision.
4523. Award authority.
1990 -- Pub. L. 101-509, title V, 529 (title II, 207(b), title IV,
408(b)), Nov. 5, 1990, 104 Stat. 1427, 1458, 1468, added item 4505a
and heading for subchapter III and items 4521 to 4523.
1988 -- Pub. L. 100-611, 1(b), Nov. 5, 1988, 102 Stat. 3179,
struck out ''; reporting requirement'' after ''authority'' in item
4514.
1985 -- Pub. L. 99-145, title XII, 1225(b)(1)(B), Nov. 8, 1985, 99
Stat. 730, inserted ''; reporting requirement'' in item 4514.
1981 -- Pub. L. 97-35, title XVII, 1703(b)(3), Aug. 13, 1981, 95
Stat. 756, added heading for subchapter I and subchapter II and items
4511 to 4514.
1978 -- Pub. L. 95-454, title IV, 406(b), Oct. 13, 1978, 92 Stat.
1171, added item 4507.
Incentive awards program for judicial branch employees, see section
604 of Title 28, Judiciary and Judicial Procedure.
996.
/1/ So in original. Does not conform to subchapter heading.
05 USC SUBCHAPTER I -- AWARDS FOR SUPERIOR ACCOMPLISHMENTS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1981 -- Pub. L. 97-35, title XVII, 1703(b)(1), Aug. 13, 1981, 95
Stat. 756, added heading for subchapter I.
05 USC 4501. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter --
(1) ''agency'' means --
(A) an Executive agency;
(B) the Library of Congress;
(C) the Office of the Architect of the Capitol;
(D) the Botanic Garden;
(E) the Government Printing Office;
(F) the government of the District of Columbia; and
(G) the United States Sentencing Commission;
but does not include --
(i) the Tennessee Valley Authority; or
(ii) the Central Bank for Cooperatives;
(2) ''employee'' means --
(A) an employee as defined by section 2105 of this title, but does
not include an employee covered by the performance management and
recognition system established under chapter 54 of this title; and
(B) an individual employed by the government of the District of
Columbia; and
(3) ''Government'' means the Government of the United States and the
government of the District of Columbia.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442; Pub. L. 95-454, title
V, 503(a), Oct. 13, 1978, 92 Stat. 1183; Pub. L. 97-35, title XVII,
1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 98-615, title II,
204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 100-690, title VII,
7106(a), Nov. 18, 1988, 102 Stat. 4418; Pub. L. 101-474, 5(f), Oct.
30, 1990, 104 Stat. 1100.)
In paragraph (1), the term ''Executive agency'' is coextensive with
and substituted for ''executive department or independent agency in the
executive branch of the Government including a Government-owned or
controlled corporation'' in view of the definition of ''Executive
agency'' in section 105. Application to the General Accounting Office
(included in the term ''Executive agency'') is based on former section
933a.
Paragraph (2) is supplied because the definition of ''employee'' in
section 2105 does not encompass individuals employed by the government
of the District of Columbia.
Paragraph (3) is supplied for clarity and convenience.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Par. (1). Pub. L. 101-474 redesignated subpars. (C) to (H)
as (B) to (G), respectively, and struck out former subpar. (B) which
included Administrative Office of United States Courts within definition
of ''agency''.
1988 -- Par. (1)(H). Pub. L. 100-690 added subpar. (H).
1984 -- Par. (2)(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''.
1981 -- Pub. L. 97-35 substituted ''subchapter'' for ''chapter'' in
provision preceding par. (1).
1978 -- Par. (2)(A). Pub. L. 95-454 inserted reference to an
employee covered by merit pay system established under section 5402 of
this title.
Amendment by Pub. L. 98-615 effective Oct. 1, 1984, and applicable
with respect to pay periods commencing on or after that date, with
certain exceptions and qualifications, see section 205 of Pub. L.
98-615, set out as a note under section 5401 of this title.
Section 1703(c) of Pub. L. 97-35 provided that: ''The amendments
made by this section (enacting subchapter II of this chapter,
designating sections 4501 to 4507 of this title as subchapter I, and
amending sections 4501, 4502, 4505, and 4506 of this title) shall take
effect on October 1, 1981.''
Amendment by Pub. L. 95-454 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1981, except it
may take effect with respect to any category or categories of positions
before such day to extent prescribed by Director of Office of Personnel
Management, see section 504(a) of Pub. L. 95-454 set out as an
Effective Date note under section 5401 of this title.
Executive agency, see section 105 of this title.
05 USC 4502. General provisions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as provided by subsection (b) of this section, a cash
award under this subchapter may not exceed $10,000.
(b) When the head of an agency certifies to the Office of Personnel
Management that the suggestion, invention, superior accomplishment, or
other meritorious effort for which the award is proposed is highly
exceptional and unusually outstanding, a cash award in excess of $10,000
but not in excess of $25,000 may be granted with the approval of the
Office.
(c) A cash award under this subchapter is in addition to the regular
pay of the recipient. Acceptance of a cash award under this subchapter
constitutes an agreement that the use by the Government of an idea,
method, or device for which the award is made does not form the basis of
a further claim of any nature against the Government by the employee,
his heirs, or assigns.
(d) A cash award to, and expense for the honorary recognition of, an
employee may be paid from the fund or appropriation available to the
activity primarily benefiting or the various activities benefiting. The
head of the agency concerned determines the amount to be paid by each
activity for an agency award under section 4503 of this title. The
President determines the amount to be paid by each activity for a
Presidential award under section 4504 of this title.
(e)(1) Notwithstanding section 4501(2), for the purpose of this
subsection, ''employee'' includes an employee covered by the performance
management and recognition system established under chapter 54.
(2) The Office of Personnel Management may by regulation permit
agencies to grant employees time off from duty, without loss of pay or
charge to leave, as an award in recognition of superior accomplishment
or other personal effort that contributes to the quality, efficiency, or
economy of Government operations.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 442; Pub. L. 95-454, title
V, 503(b), (c), Oct. 13, 1978, 92 Stat. 1183; Pub. L. 97-35, title
XVII, 1703(b)(2), Aug. 13, 1981, 95 Stat. 756; Pub. L. 101-509, title
V, 529 (title II, 201), Nov. 5, 1990, 104 Stat. 1427, 1455.)
In subsections (a) and (b), the words ''cash award'' are substituted
for ''monetary award'' and ''such award'' to conform to the remainder of
the chapter.
In subsection (c), the word ''Government'' is substituted for
''Government of the United States or the government of the District of
Columbia'' in view of the definition of ''Government'' in section 4501.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (e). Pub. L. 101-509 added subsec. (e).
1981 -- Subsecs. (a), (c). Pub. L. 97-35 substituted ''subchapter''
for ''chapter''.
1978 -- Subsec. (a). Pub. L. 95-454, 503(b), substituted ''$10,000''
for ''$5,000''.
Subsec. (b). Pub. L. 95-454, 503(c), substituted ''Office of
Personnel Management'' for ''Civil Service Commission'', ''$10,000'' for
''$5,000'', and ''Office'' for ''Commission''.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
1703(c) of Pub. L. 97-35, set out as a note under section 4501 of this
title.
Amendment by Pub. L. 95-454 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1981, except it
may take effect with respect to any category or categories of positions
before such day to extent prescribed by Director of Office of Personnel
Management, see section 504(a) of Pub. L. 95-454 set out as an
Effective Date note under section 5401 of this title.
Functions of President under former section 2123(e) (now subsec.
(d)) of this section delegated to Director of Office of Personnel
Management, see section 2 of Ex. Ord. No. 11228, June 14, 1965, 30 F.
R. 7739, set out as a note under section 301 of Title 3, The President.
Weight to be accorded incentive awards under this chapter in
selecting employees for promotions, see section 3362 of this title.
05 USC 4503. Agency awards
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The head of an agency may pay a cash award to, and incur necessary
expense for the honorary recognition of, an employee who --
(1) by his suggestion, invention, superior accomplishment, or other
personal effort contributes to the efficiency, economy, or other
improvement of Government operations or achieves a significant reduction
in paperwork; or
(2) performs a special act or service in the public interest in
connection with or related to his official employment.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title
V, 502(a), Oct. 13, 1978, 92 Stat. 1183.)
The word ''employee'' is substituted for ''civilian officers and
employees of the Government'' in view of the definition of ''employee''
in section 4501.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Par. (1). Pub. L. 95-454 inserted ''or achieves a
significant reduction in paperwork''.
Amendment by Pub. L. 95-454 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1981, except it
may take effect with respect to any category or categories of positions
before such day to extent prescribed by Director of Office of Personnel
Management, see section 504(a) of Pub. L. 95-454 set out as an
Effective Date note under section 5401 of this title.
Cash awards for suggestions, inventions or scientific achievements,
see section 1124 of Title 10, Armed Forces.
05 USC 4504. Presidential awards
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may pay a cash award to, and incur necessary expense
for the honorary recognition of, an employee who --
(1) by his suggestion, invention, superior accomplishment, or other
personal effort contributes to the efficiency, economy, or other
improvement of Government operations or achieves a significant reduction
in paperwork; or
(2) performs an exceptionally meritorious special act or service in
the public interest in connection with or related to his official
employment.
A Presidential award may be in addition to an agency award under
section 4503 of this title.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title
V, 502(b), Oct. 13, 1978, 92 Stat. 1183.)
The words ''In instances determined by the President to warrant such
action'' are omitted as surplusage. The word ''employee'' is
substituted for ''civilian officers and employees of the Government'' in
view of the definition of ''employee'' in section 4501.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Par. (1). Pub. L. 95-454 inserted ''or achieves a
significant reduction in paperwork''.
Amendment by Pub. L. 95-454 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1981, except it
may take effect with respect to any category or categories of positions
before such day to extent prescribed by Director of Office of Personnel
Management, see section 504(a) of Pub. L. 95-454 set out as an
Effective Date note under section 5401 of this title.
Functions vested in Director of Office of Personnel Management under
this section insofar as it affects officers and employees in or under
executive branch of Government to be performed without approval of
President, see section 2 of Ex. Ord. No. 11228, June 14, 1965, 30 F.R.
7739, set out as a note under section 301 of Title 3, The President.
Ex. Ord. No. 9586, July 6, 1945, 10 F.R. 8523, as amended by Ex.
Ord. No. 10336, Apr. 3, 1952, 17 F.R. 2957; Ex. Ord. No. 11085, Feb.
22, 1963, 28 F.R. 1759; Ex. Ord. No. 11515, Mar. 13, 1970, 35 F.R.
4543, provided:
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces of the United
States, it is ordered as follows:
Section 1. Medal established. The Medal of Freedom is hereby
reestablished as the Presidential Medal of Freedom, with accompanying
ribbons and appurtenances. The Presidential Medal of Freedom,
hereinafter referred to as the Medal, shall be in two degrees.
Sec. 2. Award of the Medal. (a) The Medal may be awarded by the
President as provided in this order to any person who has made an
especially meritorious contribution to (1) the security or national
interests of the United States, or (2) world peace, or (3) cultural or
other significant public or private endeavors.
(b) The President may select for the award of the Medal any person
recommended to the President for award of the Medal or any person
selected by the President upon his own initiative.
(c) The principal announcement of awards of the Medal shall normally
be made annually, on or about July 4 of each year; but such awards may
be made at other times, as the President may deem appropriate.
(d) Subject to the provision of this Order, the Medal may be awarded
posthumously.
Sec. 3. Distinguished Civilian Service Awards Board. (a) The
Distinguished Civilian Service Awards Board, established by Executive
Order No. 10717 of June 27, 1957, hereinafter referred to as the Board,
is hereby expanded, for the purpose of carrying out the objectives of
this Order, to include five additional members appointed by the
President from outside the Executive Branch of the Government. The
terms of service of the members of the Board appointed under this
paragraph shall be five years, except that the first five members so
appointed shall have terms of service expiring on the 31st day of July
1964, 1965, 1966, 1967, and 1968, respectively. Any person appointed to
fill a vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall serve for the remainder of such
term.
(b) A chairman of the Board shall be designated by the President from
time to time from among the membership of the Board appointed from the
Executive Branch.
(c) For purposes of recommending to the President persons to receive
the President's Award for Distinguished Federal Civilian Service, and to
carry out the other purposes of Executive Order No. 10717, only the
members of the Board from the Executive Branch will sit. The names of
persons so recommended will be submitted to the President without
reference to the other members of the Board.
Sec. 4. Functions of the Board. (a) Any individual or group may make
recommendations to the Board with respect to the award of the Medal, and
the Board shall consider such recommendations.
(b) With due regard for the provisions of Section 2 of this Order,
the Board shall screen such recommendations and, on the basis of such
recommendations or upon its own motion, shall from time to time submit
to the President nominations of individuals for award of the Medal, in
appropriate degrees.
Sec. 5. Expenses. Necessary administrative expenses of the Board
incurred in connection with the recommendation of persons to receive the
Presidential Medal of Freedom, including expenses of travel of members
of the Board appointed under Section 3(a) of this Order, during the
fiscal year 1963, may be paid from the appropriation provided under the
heading ''Special Projects'' in the Executive Office Appropriation Act,
1963, 76 Stat. 315, and during subsequent fiscal years, to the extent
permitted by law, from any corresponding or like appropriation made
available for such fiscal years. Such payments shall be without regard
to the provisions of section 3681 of the Revised Statutes and section 9
of the Act of March 4, 1909, 35 Stat. 1027 (31 U.S.C. 672 and 673) (31
U.S.C. 1346(a) and (c)). Members of the Board appointed under Section
3(a) of this Order shall serve without compensation.
Sec. 6. Design of the Medal. The Army Institute of Heraldry shall
prepare for the approval of the President a design of the Medal in each
of its degrees.
Ex. Ord. No. 10717, June 27, 1957, 22 F.R. 4632, as amended by Ex.
Ord. No. 10979, Dec. 12, 1961, 26 F.R. 11937; Ex. Ord. No. 11085, Feb.
22, 1963, 28 F.R. 1759; Ex. Ord. No. 12014, Oct. 19, 1977, 42 F.R.
56105; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
Section 1. There is hereby established an honorary award for the
recognition of distinguished service by civilian officers and employees
of the Federal Government. The award shall be known as the President's
Award for Distinguished Federal Civilian Service, and shall consist of a
gold medal, the design of which accompanies and is hereby made a part of
this order, suspended on a ribbon of appropriate material and color, and
accompanying appurtenances. Each medal shall be suitably inscribed, and
an appropriate citation shall accompany each award.
Sec. 2. (a) The President's Award for Distinguished Federal Civilian
Service shall be presented by the President to civilian officers or
employees of the Federal Government for the best achievements having
current impact in improving Government operations or serving the public
interest. These achievements shall exemplify one or more of the
following:
(1) Imagination in developing creative solutions to problems of
government.
(2) Courage in persevering against great odds and difficulties.
(3) High ability in accomplishing extraordinary scientific or
technological achievement, in providing outstanding leadership in
planning, organizing, or directing a major program of unusual importance
and complexity, or in performing an extraordinary act of credit to the
Government and the country.
(4) Long and distinguished career service.
(b) The importance of the achievements to the Government and to the
public interest shall be so outstanding that the officer or employee is
deserving of greater public recognition than that which can be accorded
by the head of the department or agency in which he is employed.
Generally, not more than five awards shall be made in any one year.
Presentation of the award shall be made at such times as the President
may determine.
Sec. 3. The Director of the Office of Personnel Management shall
advise and assist the President in selecting persons to receive this
award. In performing this function, the Director shall carefully review
nominations submitted pursuant to the provisions of Section 4 of this
Order and decide which of them, if any, warrant presentation to the
President. The Director shall thereupon transmit to the President the
names of those persons who, in the opinion of the Director, merit the
award, together with a statement of the reasons therefor. Recipients
for the award shall be selected by the President.
Sec. 4. The form and procedures for making nominations for this award
shall be prescribed by the Director of the Office of Personnel
Management, in accord with the following principles:
(a) The Director shall be guided in the performance of this function
by the provisions of Section 4504 and 4505 of Title 5 of the United
States Code, and by additional criteria which the Director may
prescribe.
(b) The Director shall not recommend any person for the award without
the concurrence of the head of the agency in which that person was
employed at the time of the achievement for which the award is
recommended.
(c) Persons appointed by the President are not eligible for this
award unless, in the opinion of the Office, they are currently serving
in a career position.
Cash awards for suggestions, inventions or scientific achievements,
see section 1124 of Title 10, Armed Forces.
05 USC 4505. Awards to former employees
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An agency may pay or grant an award under this subchapter
notwithstanding the death or separation from the service of the employee
concerned, if the suggestion, invention, superior accomplishment, other
personal effort, or special act or service in the public interest for
which the award is proposed was made or performed while the employee was
in the employ of the Government.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 97-35, title
XVII, 1703(b)(2), Aug. 13, 1981, 95 Stat. 756.)
The words ''or grant'' are added for clarity.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1981 -- Pub. L. 97-35 substituted ''subchapter'' for ''chapter''.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
1703(c) of Pub. L. 97-35, set as a note under section 4501 of this
title.
05 USC 4505a. Performance-based cash awards
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a)(1) An employee whose most recent performance rating was at the
fully successful level or higher (or the equivalent thereof) may be paid
a cash award under this section.
(2)(A) A cash award under this section shall be equal to an amount
determined appropriate by the head of the agency, but may not be more
than 10 percent of the employee's annual rate of basic pay.
Notwithstanding the preceding sentence, the agency head may authorize a
cash award equal to an amount exceeding 10 percent of the employee's
annual rate of basic pay if the agency head determines that exceptional
performance by the employee justifies such an award, but in no case may
an award under this section exceed 20 percent of the employee's annual
rate of basic pay.
(B) For purposes of computing a percentage of a rate of basic pay
under subparagraph (A), the rate of basic pay used shall be determined
without taking into account any comparability payment under section
5304.
(b)(1) A cash award under this section shall be paid as a lump sum,
and may not be considered to be part of the basic pay of an employee.
(2) The failure to pay a cash award under this section, or the amount
of such an award, may not be appealed. The preceding sentence shall not
be construed to extinguish or lessen any right or remedy under
subchapter II of chapter 12 or under any of the laws referred to in
section 2302(d).
(c) The Office shall prescribe such regulations as it considers
necessary for the administration of subsections (a) and (b).
(d) At the request of the head of an Executive agency, the President
may authorize the application of the preceding provisions of this
section with respect to 1 or more categories of employees within such
agency who would not otherwise be covered by this section (including
authority under subsection (c) to prescribe any necessary regulations).
(Added Pub. L. 101-509, title V, 529 (title II, 207(a)), Nov. 5,
1990, 104 Stat. 1427, 1457.)
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, 305) of Pub. L. 101-509, set out as
an Effective Date of 1990 Amendment note under section 5301 of this
title.
Authority of President under subsec. (d) of this section delegated
to Office of Personnel Management by section 6(a) of 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.
05 USC 4506. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall prescribe regulations and
instructions under which the agency awards program set forth by this
subchapter shall be carried out.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443; Pub. L. 95-454, title
V, 503(d), Oct. 13, 1978, 92 Stat. 1184; Pub. L. 97-35, title XVII,
1703(b)(2), Aug. 13, 1981, 95 Stat. 756.)
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1981 -- Pub. L. 97-35 substituted ''subchapter'' for ''chapter''.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel Management
shall'' for ''Civil Service Commission may''.
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
1703(c) of Pub. L. 97-35, set out as a note under section 4501 of this
title.
Amendment by Pub. L. 95-454 effective on first day of first
applicable pay period which begins on or after Oct. 1, 1981, except it
may take effect with respect to any category or categories of positions
before such day to extent prescribed by Director of Office of Personnel
Management, see section 504(a) of Pub. L. 95-454 set out as an
Effective Date note under section 5401 of this title.
05 USC 4507. Awarding of ranks in the Senior Executive Service
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this section, ''agency'', ''senior
executive'', and ''career appointee'' have the meanings set forth in
section 3132(a) of this title.
(b) Each agency shall submit annually to the Office recommendations
of career appointees in the agency to be awarded the rank of Meritorious
Executive or Distinguished Executive. The recommendations may take into
account the individual's performance over a period of years. The Office
shall review such recommendations and provide to the President
recommendations as to which of the agency recommended appointees should
receive such rank.
(c) During any fiscal year, the President may, subject to subsection
(d) of this section, award to any career appointee recommended by the
Office the rank of --
(1) Meritorious Executive, for sustained accomplishment, or
(2) Distinguished Executive, for sustained extraordinary
accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of this
subsection shall not be entitled to be awarded that rank during the
following 4 fiscal years.
(d) During any fiscal year --
(1) the number of career appointees awarded the rank of Meritorious
Executive may not exceed 5 percent of the Senior Executive Service; and
(2) the number of career appointees awarded the rank of Distinguished
Executive may not exceed 1 percent of the Senior Executive Service.
(e)(1) Receipt by a career appointee of the rank of Meritorious
Executive entitles such individual to a lump-sum payment of $10,000,
which shall be in addition to the basic pay paid under section 5382 of
this title or any award paid under section 5384 of this title.
(2) Receipt by a career appointee of the rank of Distinguished
Executive entitles the individual to a lump-sum payment of $20,000,
which shall be in addition to the basic pay paid under section 5382 of
this title or any award paid under section 5384 of this title.
(Added Pub. L. 95-454, title IV, 406(a), Oct. 13, 1978, 92 Stat.
1170.)
Section effective 9 months after Oct. 13, 1978, and congressional
review of provisions of sections 401 through 412 of Pub. L. 95-454, see
section 415(a)(1), (b), of Pub. L. 95-454, set out as a note under
section 3131 of this title.
title 10 section 1601; title 31 section 733; title
38 sections 7404, 7425.
05 USC SUBCHAPTER II -- AWARDS FOR COST SAVINGS DISCLOSURES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
1981 -- Pub. L. 97-35, title XVII, 1703(a), Aug. 13, 1981, 95 Stat.
755, added subchapter II.
05 USC 4511. Definition and general provisions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For purposes of this subchapter, the term ''agency'' means any
Executive agency.
(b) A cash award under this subchapter is in addition to the regular
pay of the recipient. Acceptance of a cash award under this subchapter
constitutes an agreement that the use by the Government of an idea,
method, or device for which the award is made does not form the basis of
a further claim of any nature against the Government by the employee,
his heirs, or assigns.
(Added Pub. L. 97-35, title XVII, 1703(a), Aug. 13, 1981, 95 Stat.
755.)
Subchapter effective Oct. 1, 1981, see section 1703(c) of Pub. L.
97-35, set out as an Effective Date of 1981 Amendment note under section
4501 of this title.
05 USC 4512. Agency awards for cost savings disclosures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Inspector General of an agency, or any other agency employee
designated under subsection (b), may pay a cash award to any employee of
such agency whose disclosure of fraud, waste, or mismanagement to the
Inspector General of the agency, or to such other designated agency
employee, has resulted in cost savings for the agency. The amount of an
award under this section may not exceed the lesser of --
(1) $10,000; or
(2) an amount equal to 1 percent of the agency's cost savings which
the Inspector General, or other employee designated under subsection
(b), determines to be the total savings attributable to the employee's
disclosure.
For purposes of paragraph (2), the Inspector General or other
designated employee may take into account agency cost savings projected
for subsequent fiscal years which will be attributable to such
disclosure.
(b) In the case of an agency for which there is no Inspector General,
the head of the agency shall designate an agency employee who shall have
the authority to make the determinations and grant the awards permitted
under this section.
(Added Pub. L. 97-35, title XVII, 1703(a), Aug. 13, 1981, 95 Stat.
755, and amended Pub. L. 99-145, title XII, 1225(b)(2), Nov. 8, 1985, 99
Stat. 730.)
1985 -- Subsec. (c). Pub. L. 99-145 struck out subsec. (c) which
provided that the Inspector General, or other employee designated under
subsection (b), shall submit to the Comptroller General documentation
substantiating any award made under this section and that the
Comptroller General shall, from time to time, review awards made under
this section and procedures used in making such awards to verify the
cost savings for which the awards were made.
05 USC 4513. Presidential awards for cost savings disclosures
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The President may pay a cash award in the amount of $20,000 to any
employee whose disclosure of fraud, waste, or mismanagement has resulted
in substantial cost savings for the Government. In evaluating the
significance of a cost savings disclosure made by an employee for
purposes of determining whether to make an award to such employee under
this section, the President may take into account cost savings projected
for subsequent fiscal years which will be attributable to the
disclosure. During any fiscal year, the President may not make more
than 50 awards under this section.
(Added Pub. L. 97-35, title XVII, 1703(a), Aug. 13, 1981, 95 Stat.
755.)
05 USC 4514. Expiration of authority
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
No award may be made under this subchapter after September 30, 1990.
(Added Pub. L. 97-35, title XVII, 1703(a), Aug. 13, 1981, 95 Stat.
756, and amended Pub. L. 99-145, title XII, 1225(b)(1)(A), Nov. 8, 1985,
99 Stat. 730; Pub. L. 100-611, 1(a), Nov. 5, 1988, 102 Stat. 3179.)
1988 -- Pub. L. 100-611 struck out reference to reporting
requirement in section catchline and amended text generally. Prior to
amendment, text read as follows:
''(a) No award may be made under this subchapter after September 30,
1988.
''(b)(1) Not later than March 15, 1988, the Comptroller General shall
submit to Congress a report on the effectiveness of the awards program
under this subchapter.
''(2) The report shall include the views of the Comptroller General
as to whether the authority to make awards under this subchapter should
be continued after September 30, 1988, and, if so, whether any
modification in such authority would be appropriate.''
1985 -- Pub. L. 99-145 amended section generally, inserting '';
reporting requirement'' in section catchline, designating existing
provisions as subsec. (a) and therein substituting ''subchapter'' and
''1988'' for ''title'' and ''1984'', respectively, and adding subsec.
(b).
05 USC SUBCHAPTER III -- AWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN
LANGUAGE CAPABILITIES
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC 4521. Definition
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
For the purpose of this subchapter, the term ''law enforcement
officer'' means --
(1) a law enforcement officer within the meaning of section 8331(20)
or section 8401(17) and to whom the provisions of chapter 51 apply;
(2) a member of the United States Secret Service Uniformed Division;
(3) a member of the United States Park Police;
(4) a special agent in the Diplomatic Security Service;
(5) a probation officer (referred to in section 3672 of title 18);
and
(6) a pretrial services officer (referred to in section 3153 of title
18).
(Added Pub. L. 101-509, title V, 529 (title IV, 408(a)), Nov. 5,
1990, 104 Stat. 1427, 1467, and amended Pub. L. 102-141, title VI, 627,
Oct. 28, 1991, 105 Stat. 874.)
1991 -- Pub. L. 102-141 amended section generally. Prior to
amendment, section read as follows: ''For the purpose of this
subchapter, the term 'law enforcement officer' has the same meaning as
under section 5949(a).''
Section 529 (title IV, 408(d)) of Pub. L. 101-509 provided that:
''The amendments made by this section (enacting this subchapter and
amending provisions set out as a note under section 5541 of this title)
shall be effective on January 1, 1992.''
05 USC 4522. General provision
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
An award under this subchapter is in addition to the basic pay of the
recipient.
(Added Pub. L. 101-509, title V, 529 (title IV, 408(a)), Nov. 5,
1990, 104 Stat. 1427, 1467.)
05 USC 4523. Award authority
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) An agency may pay a cash award, up to 5 percent of basic pay, to
any law enforcement officer employed in or under such agency who
possesses and makes substantial use of 1 or more foreign languages in
the performance of official duties.
(b) Awards under this section shall be paid under regulations
prescribed by the head of the agency involved (or designee thereof).
Regulations prescribed by an agency head (or designee) under this
subsecton shall include --
(1) procedures under which foreign language proficiency shall be
ascertained;
(2) criteria for the selection of individuals for recognition under
this section; and
(3) any other provisions which may be necessary to carry out the
purposes of this subchapter.
(Added Pub. L. 101-509, title V, 529 (title IV, 408(a)), Nov. 5,
1990, 104 Stat. 1427, 1467.)
05 USC CHAPTER 47 -- PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION
PROJECTS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
4701. Definitions.
4702. Research programs.
4703. Demonstration projects.
4704. Allocation of funds.
4705. Reports.
4706. Regulations.
05 USC 4701. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this chapter --
(1) ''agency'' means an Executive agency and the Government Printing
Office, but does not include --
(A) a Government corporation;
(B) the Federal Bureau of Investigation, the Central Intelligence
Agency, the Defense Intelligence Agency, the National Security Agency,
and, as determined by the President, any Executive agency or unit
thereof which is designated by the President and which has as its
principal function the conduct of foreign intelligence or
counterintelligence activities; or
(C) the General Accounting Office;
(2) ''employee'' means an individual employed in or under an agency;
(3) ''eligible'' means an individual who has qualified for
appointment in an agency and whose name has been entered on the
appropriate register or list of eligibles;
(4) ''demonstration project'' means a project conducted by the Office
of Personnel Management, or under its supervision, to determine whether
a specified change in personnel management policies or procedures would
result in improved Federal personnel management; and
(5) ''research program'' means a planned study of the manner in which
public management policies and systems are operating, the effects of
those policies and systems, the possibilities for change, and
comparisons among policies and systems.
(b) This chapter shall not apply to any position in the Drug
Enforcement Administration which is excluded from the competitive
service under section 201 of the Crime Control Act of 1976 (28 U.S.C.
509 note; 90 Stat. 2425).
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1185, and amended Pub. L. 96-54, 2(a)(21), Aug. 14, 1979, 93 Stat. 382;
Pub. L. 101-474, 5(g), Oct. 30, 1990, 104 Stat. 1100.)
1990 -- Subsec. (a)(1). Pub. L. 101-474 struck out '', the
Administrative Office of the United States Courts,'' after ''means an
Executive agency''.
1979 -- Subsec. (b). Pub. L. 96-54 substituted ''chapter'' for
''subchapter'' and ''28 U.S.C. 509'' for ''5 U.S.C. 5108''.
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.
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
under section 1101 of this title.
05 USC 4702. Research programs
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall --
(1) establish and maintain (and assist in the establishment and
maintenance of) research programs to study improved methods and
technologies in Federal personnel management;
(2) evaluate the research programs established under paragraph (1) of
this section;
(3) establish and maintain a program for the collection and public
dissemination of information relating to personnel management research
and for encouraging and facilitating the exchange of information among
interested persons and entities; and
(4) carry out the preceding functions directly or through agreement
or contract.
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1185.)
05 USC 4703. Demonstration projects
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Except as provided in this section, the Office of Personnel
Management may, directly or through agreement or contract with one or
more agencies and other public and private organizations, conduct and
evaluate demonstration projects. Subject to the provisions of this
section, the conducting of demonstration projects shall not be limited
by any lack of specific authority under this title to take the action
contemplated, or by any provision of this title or any rule or
regulation prescribed under this title which is inconsistent with the
action, including any law or regulation relating to --
(1) the methods of establishing qualification requirements for,
recruitment for, and appointment to positions;
(2) the methods of classifying positions and compensating employees;
(3) the methods of assigning, reassigning, or promoting employees;
(4) the methods of disciplining employees;
(5) the methods of providing incentives to employees, including the
provision of group or individual incentive bonuses or pay;
(6) the hours of work per day or per week;
(7) the methods of involving employees, labor organizations, and
employee organizations in personnel decisions; and
(8) the methods of reducing overall agency staff and grade levels.
(b) Before conducting or entering into any agreement or contract to
conduct a demonstration project, the Office shall --
(1) develop a plan for such project which identifies --
(A) the purposes of the project;
(B) the types of employees or eligibles, categorized by occupational
series, grade, or organizational unit;
(C) the number of employees or eligibles to be included, in the
aggregate and by category;
(D) the methodology;
(E) the duration;
(F) the training to be provided;
(G) the anticipated costs;
(H) the methodology and criteria for evaluation;
(I) a specific description of any aspect of the project for which
there is a lack of specific authority; and
(J) a specific citation to any provision of law, rule, or regulation
which, if not waived under this section, would prohibit the conducting
of the project, or any part of the project as proposed;
(2) publish the plan in the Federal Register;
(3) submit the plan so published to public hearing;
(4) provide notification of the proposed project, at least 180 days
in advance of the date any project proposed under this section is to
take effect --
(A) to employees who are likely to be affected by the project; and
(B) to each House of the Congress;
(5) obtain approval from each agency involved of the final version of
the plan; and
(6) provide each House of the Congress with a report at least 90 days
in advance of the date the project is to take effect setting forth the
final version of the plan as so approved.
(c) No demonstration project under this section may provide for a
waiver of --
(1) any provision of chapter 63 or subpart G of this title;
(2)(A) any provision of law referred to in section 2302(b)(1) of this
title; or
(B) any provision of law implementing any provision of law referred
to in section 2302(b)(1) of this title by --
(i) providing for equal employment opportunity through affirmative
action; or
(ii) providing any right or remedy available to any employee or
applicant for employment in the civil service;
(3) any provision of chapter 15 or subchapter III of chapter 73 of
this title;
(4) any rule or regulation prescribed under any provision of law
referred to in paragraph (1), (2), or (3) of this subsection; or
(5) any provision of chapter 23 of this title, or any rule or
regulation prescribed under this title, if such waiver is inconsistent
with any merit system principle or any provision thereof relating to
prohibited personnel practices.
(d)(1) Each demonstration project shall --
(A) involve not more than 5,000 individuals other than individuals in
any control groups necessary to validate the results of the project;
and
(B) terminate before the end of the 5-year period beginning on the
date on which the project takes effect, except that the project may
continue beyond the date to the extent necessary to validate the results
of the project.
(2) Not more than 10 active demonstration projects may be in effect
at any time.
(e) Subject to the terms of any written agreement or contract between
the Office and an agency, a demonstration project involving the agency
may be terminated by the Office, or the agency, if either determines
that the project creates a substantial hardship on, or is not in the
best interests of, the public, the Federal Government, employees, or
eligibles.
(f) Employees within a unit with respect to which a labor
organization is accorded exclusive recognition under chapter 71 of this
title shall not be included within any project under subsection (a) of
this section --
(1) if the project would violate a collective bargaining agreement
(as defined in section 7103(8) of this title) between the agency and the
labor organization, unless there is another written agreement with
respect to the project between the agency and the organization
permitting the inclusion; or
(2) if the project is not covered by such a collective bargaining
agreement, until there has been consultation or negotiation, as
appropriate, by the agency with the labor organization.
(g) Employees within any unit with respect to which a labor
organization has not been accorded exclusive recognition under chapter
71 of this title shall not be included within any project under
subsection (a) of this section unless there has been agency consultation
regarding the project with the employees in the unit.
(h) The Office shall provide for an evaluation of the results of each
demonstration project and its impact on improving public management.
(i) Upon request of the Director of the Office of Personnel
Management, agencies shall cooperate with and assist the Office, to the
extent practicable, in any evaluation undertaken under subsection (h) of
this section and provide the Office with requested information and
reports relating to the conducting of demonstration projects in their
respective agencies.
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1186.)
05 USC 4704. Allocation of funds
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Funds appropriated to the Office of Personnel Management for the
purpose of this chapter may be allocated by the Office to any agency
conducting demonstration projects or assisting the Office in conducting
such projects. Funds so allocated shall remain available for such
period as may be specified in appropriation Acts. No contract shall be
entered into under this chapter unless the contract has been provided
for in advance in appropriation Acts.
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1188.)
05 USC 4705. Reports
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall include in the annual report
required by section 1308(a) /1/ of this title a summary of research
programs and demonstration projects conducted during the year covered by
the report, the effect of the programs and projects on improving public
management and increasing Government efficiency, and recommendations of
policies and procedures which will improve such management and
efficiency.
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1188.)
Section 1308(a) of this title, referred to in text, which related to
the annual report of the Office of Personnel Management, was repealed by
section 121 of Pub. L. 96-470.
/1/ See References in Text note below.
05 USC 4706. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall prescribe regulations to
carry out the purpose of this chapter.
(Added Pub. L. 95-454, title VI, 601(a), Oct. 13, 1978, 92 Stat.
1188.)
05 USC Subpart D -- Pay and Allowances
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
05 USC CHAPTER 51 -- CLASSIFICATION
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec.
5101. Purpose.
5102. Definitions; application.
5103. Determination of applicability.
5104. Basis for grading positions.
5105. Standards for classification of positions.
5106. Basis for classifying positions.
5107. Classification of positions.
5108. Classification of positions at GS-16, 17, and 18. /1/
5109. Positions classified by statute.
5110. Review of classification of positions.
5111. Revocation and restoration of authority to classify positions.
5112. General authority of the Office of Personnel Management.
5113. Classification records.
(5114. Repealed.)
5115. Regulations.
1986 -- Pub. L. 99-386, title I, 110(b), Aug. 22, 1986, 100 Stat.
822, struck out item 5114 ''Reports; positions in GS-16, 17, and 18''.
1978 -- Pub. L. 95-454, title IX, 906(a)(17), Oct. 13, 1978, 92
Stat. 1226, in item 5112 substituted ''Office of Personnel Management''
for ''Civil Service Commission''.
Antidiscrimination in employment in administration of this chapter,
see section 7204 of this title.
162a, 166, 178h, 197, 293, 353, 356, 437c; title 4
section 142; title 7 sections 511m, 610, 1507, 1642,
1765a, 1981, 5005; title 10 sections 2903, 4540,
7212, 9540; title 12 sections 482, 1441a, 1462a,
1701c, 1766, 2245, 2405, 3012; title 13 section 23;
title 14 section 432; title 15 sections 78d, 78s,
205i, 278, 278a, 327, 634d, 648, 714g, 714h, 715h,
717q, 1023, 1942, 2053, 2451; title 16 sections 81c,
410cc-36, 410pp-4, 450jj-1, 460m, 469j, 470m, 583j-1,
590d, 793, 825i, 832i, 833h, 916l, 3702, 4604; title
8 section 4001; title 20 sections 74,
75f, 76dd, 80g, 80g-4, 80o, 241, 964, 1089, 1098,
1102, 1135a-2, 1135d-3, 1145, 1213c, 1221e, 1221e-1,
1417, 2106, 2839, 3413, 4343, 4416, 4831, 5509; title
21 sections 393, 394; title 22 sections 272a, 277d-3,
277d-19, 280b, 280i, 280k, 287e, 287r, 289b, 290b,
2024, 2083, 2454, 2581, 2873, 3008, 3981, 4154, 4606;
title 25 sections 2a, 305a, 633, 640d-11, 2011, 2707;
title 26 sections 7471, 9010, 9040; title 28 sections
625, 626; title 29 sections 172, 661, 676, 761a, 783,
1774; title 30 sections 556, 664, 823; title 31
section 3801; title 33 sections 569a, 939, 940, 984,
1325, 1374; title 35 sections 3, 7; title 36 section
1405; title 38 sections 4103, 7281, 7802; title 40
sections 13b, 166b-1f, 166b-3, 174j-8, 609, 873, 1106;
title 41 sections 38, 46, 104,
422; title 42
sections 204, 217a, 237, 282, 290aa, 299c-1, 300v-2,
907a, 1320a-4, 1320b-9, 1563, 1731, 1855f, 1863, 1873,
1962a-4, 2000e-4, 2000g, 2201, 2473, 4276, 4365, 4372,
5042, 5149, 6063, 7231, 10266, 12373, 12651; title 43
sections 316n, 1731; title 44 section 2503; title 45
sections 154, 362, 443; title 46 App. sections 1111,
1295e, 1295g; title 47 section 154; title 49
sections 10363, 10383, 11161; title 49 App. sections
231, 1441; title 50 sections 402, 404; title 50 App.
sections 460, 1989b-5, 2001,
2153, 2162, 2169, 2253.
/1/ So in original. Does not conform to section catchline.
05 USC 5101. Purpose
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
It is the purpose of this chapter to provide a plan for
classification of positions whereby --
(1) in determining the rate of basic pay which an employee will
receive --
(A) the principle of equal pay for substantially equal work will be
followed; and
(B) variations in rates of basic pay paid to different employees will
be in proportion to substantial differences in the difficulty,
responsibility, and qualification requirements of the work performed and
to the contributions of employees to efficiency and economy in the
service; and
(2) individual positions will, in accordance with their duties,
responsibilities, and qualification requirements, be so grouped and
identified by classes and grades, as defined by section 5102 of this
title, and the various classes will be so described in published
standards, as provided by section 5105 of this title, that the resulting
position-classification system can be used in all phases of personnel
administration.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 443.)
The words ''and for rates of basic compensation'' are omitted as
inapplicable to this chapter since the provisions of former chapter 21
relating to rates of basic compensation are carried into subchapter III
of chapter 53. The word ''officer'' is omitted as included in
''employee'' is defined in section 5102.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface of the report.
References in laws to fix pay in accordance with this chapter and
subchapter III of chapter 53 of this title considered to include
authority under section 5376 of this title, if applicable, but not to
include any authority under section 5304 of this title or section 529
(title III, 302) of Pub. L. 101-509, set out as a note under section
5304 of this title, see section 529 (title I, 101(c)(2)) of Pub. L.
101-509, set out in a References in Other Laws to GS-16, 17, or 18 Pay
Rates; Regulations note under section 5376 of this title.
Employment of reading assistants for blind employees without regard
to the provisions of this chapter, see section 3102 of this title.
General authority for employment, see section 3101 of this title.
05 USC 5102. Definitions; application
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) For the purpose of this chapter --
(1) ''agency'' means --
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Printing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include --
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the Panama Canal Commission;
(vii) the National Security Agency, Department of Defense;
(viii) the General Accounting Office;
(x) /1/ the Defense Intelligence Agency, Department of Defense;
(2) ''employee'' means an individual employed in or under an agency;
(3) ''position'' means the work, consisting of the duties and
responsibilities, assignable to an employee;
(4) ''class'' or ''class of positions'' includes all positions which
are sufficiently similar, as to --
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration;
and
(5) ''grade'' includes all classes of positions which, although
different with respect to kind or subject-matter of work, are
sufficiently equivalent as to --
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in
the General Schedule.
(b) Except as provided by subsections (c) and (d) of this section,
this chapter applies to all civilian positions and employees in or under
an agency, including positions in local boards and appeal boards within
the Selective Service System and employees occupying those positions.
(c) This chapter does not apply to --
((1) Repealed. Pub. L. 91-375, 6(c)(9), Aug. 12, 1970, 84 Stat.
776.)
(2) members of the Foreign Service whose pay is fixed under the
Foreign Service Act of 1980; and positions in or under the Department
of State which are --
(A) connected with the representation of the United States to
international organizations; or
(B) specifically exempted by statute from this chapter or other
classification or pay statute;
(3) physicians, dentists, nurses, and other employees in the Veterans
Health Administration of the Department of Veterans Affairs, /2/ whose
pay is fixed under chapter 73 of title 38;
(4) teachers, school officials, and employees of the Board of
Education of the District of Columbia whose pay is fixed under chapter
15 of title 31, District of Columbia Code; the chief judges and the
associate judges of the Superior Court of the District of Columbia and
the District of Columbia Court of Appeals; and nonjudicial employees of
the District of Columbia court system whose pay is fixed under title 11
of the District of Columbia Code;
(5) members of the Metropolitan Police, the Fire Department of the
District of Columbia, the United States Park Police, and the Executive
Protective Service; members of the police force of the National
Zoological Park whose pay is fixed under section 5375 of this title;
and members of the police forces of the Bureau of Engraving and Printing
and the United States Mint whose pay is fixed under section 5378 of this
title;
(6) lighthouse keepers and civilian employees on lightships and
vessels of the Coast Guard whose pay is fixed under section 432 (f) and
(g) of title 14;
(7) employees in recognized trades or crafts, or other skilled
mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor
occupations, and other employees including foremen and supervisors in
positions having trade, craft, or laboring experience and knowledge as
the paramount requirement, and employees in the Bureau of Engraving and
Printing whose duties are to perform or to direct manual or machine
operations requiring special skill or experience, or to perform or
direct the counting, examining, sorting, or other verification of the
product of manual or machine operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Printing Office whose pay is fixed
under section 305 of title 44;
(10) civilian professors, instructors, and lecturers at a
professional military education school whose pay is fixed under section
1595, 4021, 7478, or 9021 of title 10; civilian professors, lecturers,
and instructors at the Naval Academy whose pay is fixed under section
6952 of title 10; senior professors, professors, associate and
assistant professors, and instructors at the Naval Postgraduate School
whose pay is fixed under section 7044 of title 10; the Academic Dean of
the Postgraduate School of the Naval Academy whose pay is fixed under
section 7043 of title 10; civilian professors, instructors, and
lecturers in the defense acquisition university structure (including the
Defense Systems Management College) whose pay is fixed under section
1746(b) of title 10;
(11) aliens or noncitizens of the United States who occupy positions
outside the United States;
(12) any Executive agency to the extent of any election under section
1212(b)(2) (relating to the Panama Canal Employment System) of the
Panama Canal Act of 1979;
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the
United States (other than employees of the Federal Retirement Thrift
Investment Management System appointed under section 8474(c)(2) of this
title), except that with respect to the Veterans' Canteen Service,
Department of Veterans Affairs this paragraph applies only to employees
necessary for the transaction of the business of the Service at
canteens, warehouses, and storage depots whose employment is authorized
by section 7802 of title 38;
(15) employees whose pay is fixed under a cooperative agreement
between the United States and --
(A) a State or territory or possession of the United States, or
political subdivision thereof; or
(B) an individual or organization outside the service of the
Government of the United States;
(16) student nurses, medical or dental interns,
residents-in-training, student dietitians, student physical therapists,
student occupational therapists, and other student employees, assigned
or attached to a hospital, clinic, or laboratory primarily for training
purposes, whose pay is fixed under subchapter V of chapter 53 of this
title or sections 7405 and 7406 of title 38;
(17) inmates, patients, or beneficiaries receiving care or treatment
or living in Government agencies or institutions;
(18) experts or consultants, when employed temporarily or
intermittently in accordance with section 3109 of this title;
(19) emergency or seasonal employees whose employment is of uncertain
or purely temporary duration, or who are employed for brief periods at
intervals;
(20) employees employed on a fee, contract, or piece work basis;
(21) employees who may lawfully perform their duties concurrently
with their private profession, business, or other employment, and whose
duties require only a portion of their time, when it is impracticable to
ascertain or anticipate the proportion of time devoted to the service of
the Government of the United States;
(22) ''teachers'' and ''teaching positions'' as defined by section
901 of title 20;
(23) examiners-in-chief and designated examiners-in-chief in the
Patent and Trademark Office, Department of Commerce;
(24) temporary positions in the Bureau of the Census established
under section 23 of title 13, and enumerator positions in the Bureau of
the Census;
(25) positions for which rates of basic pay are individually fixed,
or expressly authorized to be fixed, by other statute, at or in excess
of the rate for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast Guard Academy whose
pay is fixed under section 186 of title 14;
(27) members of the police of the Library of Congress whose pay is
fixed under section 167 of title 2;
(28) civilian members of the faculty of the Air Force Institute of
Technology whose pay is fixed under section 9314 of title 10;
(29) administrative law judges appointed under section 3105; or
(30) members of agency boards of contract appeals appointed under
section 8 of the Contract Disputes Act of 1978.
(d) This chapter does not apply to an employee of the Office of the
Architect of the Capitol whose pay is fixed by other statute.
Subsection (c) of this section, except paragraph (7), does not apply to
the Office of the Architect of the Capitol.
(Pub. L 89-554, Sept. 6, 1966, 80 Stat. 444; Pub. L. 90-83, 1(11),
Sept. 11, 1967, 81 Stat. 197; Pub. L. 90-610, 2, Oct. 21, 1968, 82
Stat. 1201; Pub. L. 91-34, 2(a), June 30, 1969, 83 Stat. 41; Pub. L.
91-358, title I, 172(f), July 29, 1970, 84 Stat. 591; Pub. L. 91-375,
6(c)(9), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-176, 1, Dec. 5, 1973,
87 Stat. 693; Pub. L. 94-183, 2(12), (13), Dec. 31, 1975, 89 Stat.
1057; Pub. L. 95-454, title VIII, 801(a)(3)(D), title IX, 906( a)(2),
Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 96-54, 2(a)(22), Aug. 14,
1979, 93 Stat. 382; Pub. L. 96-70, title III, 3302(e)(1), (6), Sept.
27, 1979, 93 Stat. 498; Pub. L. 96-191, 8(b), Feb. 15, 1980, 94 Stat.
33; Pub. L. 96-465, title II, 2314(b), Oct. 17, 1980, 94 Stat. 2167;
Pub. L. 97-468, title VI, 615(b)(1)(C), Jan. 14, 1983, 96 Stat. 2578;
Pub. L. 98-618, title V, 502(a), Nov. 8, 1984, 98 Stat. 3302; Pub. L.
99-145, title V, 504(b), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99-335,
title II, 207(n), June 6, 1986, 100 Stat. 598; Pub. L. 100-135, 1(b)(
2), Oct. 16, 1987, 101 Stat. 811; Pub. L. 101-189, div. A, title XI,
1124(e), Nov. 29, 1989, 103 Stat. 1560; Pub. L. 101-474, 5(h), Oct.
30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V, 529 (title I, 101(
b)( 9)(F), 104(d)(1), 109(a)(2)), Nov. 5, 1990, 104 Stat. 1427, 1441,
1447, 1451; Pub. L. 101-510, div. A, title XII, 1209(h)(2), Nov. 5,
1990, 104 Stat. 1667; Pub. L. 102-40, title IV, 403(c)(1), May 7, 1991,
105 Stat. 240; Pub. L. 102-54, 13(b)(1), (2), June 13, 1991, 105 Stat.
274.)
The section is reorganized and restated for clarity.
In subsection (a)(1)(i), the exception of ''a Government controlled
corporation'' is added to preserve the application of this chapter to
''corporations wholly owned by the United States''. This is necessary
as the defined term ''Executive agency'' includes the defined term
''Government corporation'' and the latter includes both Government owned
and controlled corporations. Thus the exclusion of Government
controlled corporations, which are distinct from wholly owned
corporations, operates to preserve the application of the chapter to
wholly owned corporations.
In subsection (a)(1)(vii), the words ''Panama Canal Company'' are
substituted for ''Panama Railroad Company'' on authority of the Act of
Sept. 26, 1950, ch. 1049, 2(a)(2), 64 Stat. 1038.
The exception for the Inland Waterways Corporation in former section
1082(13) is omitted on authority of the Act of July 19, 1963, Pub. L.
88-67, 77 Stat. 81.
The exceptions for Production Credit Corporations and Federal
Intermediate Credit Banks in former section 1082(18) and (19) are
omitted as they are no longer ''corporations wholly owned by the United
States''. Under the Farm Credit Act of 1956, 70 Stat. 659, the
Production Credit Corporations were merged in the Federal Intermediate
Credit Banks, and pursuant to that Act the Federal Intermediate Credit
Banks have ceased to be corporations wholly owned by the United States.
Subsection (a)(2) is added for clarity. The reference to ''an
individual employed in or under an agency'' includes both officers and
employees of an agency.
In subsection (a)(5), the words ''in the General Schedule'' are
substituted for the reference in former section 1091(3) to ''as
specified in subchapter V of this chapter''.
In subsection (b), the reference to former section 1085 is omitted as
unnecessary. Former section 1085 which exempted certain agencies from
former sections 1151-1153 is carried into section 305.
In subsection (c)(1), the words ''chapter 45 of title 39'' are
substituted for the reference in former section 1082(1) to ''chapter 23
of title 39'' on authority of the Act of July 10, 1955, ch. 137, 805,
69 Stat. 130, and the Act of Sept. 2, 1960, Pub. L. 86-682, 5, 74
Stat. 705.
In subsection (c)(2)(B), the words ''this chapter'' are substituted
for the reference in former section 1082(2)(B) to ''the Classification
Act of 1923, as amended,'' on authority of section 1106 of the Act of
Oct. 28, 1949, 63 Stat. 972, and technical section 7(b).
In subsection (c)(4), the words ''chapter 15 of title 31, District of
Columbia Code'' are substituted for the reference in former section
1082(4) to ''the District of Columbia Teachers Salary Act of 1947, as
supplemented by Public Law 151, Eighty-first Congress, approved June 30,
1949'' on authority of the provisions contained therein. The words
''District of Columbia Court of General Sessions'' and ''District of
Columbia Court of Appeals'' are substituted for ''Municipal Court for
the District of Columbia'' and ''Municipal Court of Appeals for the
District of Columbia'', respectively, on authority of D.C. Code
11-902 and 11-702. The exception for judges of the Juvenile Court of
the District of Columbia is based on D.C. Code 11-1502.
In subsection (c)(5), the word ''officers'' is omitted as included in
''member''.
In subsection (c)(10), the words ''sections 6952 and 7478 of title
10'', ''section 7044 of title 10'', and ''section 7043 of title 10'' are
substituted for the references in former section 1082(10) to ''section
1071 of title 34'', ''sections 1076-1076f of title 34'', and ''section
1074 of title 34'', respectively, on authority of the Act of Aug. 10,
1956, ch. 1041, 49(b), 70A Stat. 640.
In subsection (c)(11), the words ''the United States'' are
substituted for ''the several States and the District of Columbia''.
In subsection (c)(14), the words ''employees necessary for the
transaction of the business of the Service at canteens, warehouses, and
storage depots whose employment is authorized by section 4202 of title
38'' are substituted for the reference in former section 1082(23) to
''positions which are exempt from this chapter, pursuant to section 4202
of title 38''.
In subsection (c)(16), the reference to ''section 4114 of title 38''
is substituted for the reference in former section 1082(25) to ''section
4114(b) of title 38'' to reflect the pay fixing authority contained in
subsection (a)(1) of section 4114.
In subsection (c)(22), the words ''as defined by section 901 of title
20'' are substituted for ''as defined in the Defense Department Overseas
Teachers Pay and Personnel Practices Act'' on authority of former
section 2351, which is scheduled for transfer to section 901 of title
20.
In subsection (c)(25), the word ''schedule'' is omitted since section
603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847,
eliminated the necessity of referring to rates as scheduled or
longevity. The words ''for GS-18'' are substituted for ''of the highest
grade established by this chapter''.
The second sentence of subsection (d) is based on former section
1084(c), which is carried into section 5103.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
The amendment to 5 U.S.C. 5102(c)(15) is made to correct a
typographical error.
The amendment to 5 U.S.C. 5102(c)(26) reflects Public Law 89-444,
section 4.
The Foreign Service Act of 1980, referred to in subsec. (c)(2), is
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is
classified principally to chapter 52 ( 3901 et seq.) of Title 22,
Foreign Relations and Intercourse. For complete classification of this
Act to the Code, see Short Title note set out under section 3901 of
Title 22 and Tables.
Chapter 15 of title 31, District of Columbia Code, referred to in
subsec. (c)(4), was transferred to chapter 11 ( 31-1101 et seq.) of
Title 31, Education and Cultural Institutions, of the District of
Columbia Code.
Section 1212(b)(2) of the Panama Canal Act of 1979, referred to in
subsec. (c)(12), is classified to section 3652(b)(2) of Title 22,
Foreign Relations and Intercourse.
Level V of the Executive Schedule, referred to in subsec. (c)(25), is
set out in section 5316 of this title.
Section 8 of the Contract Disputes Act of 1978, referred to in
subsec. (c)(30), is classified to section 607 of Title 41, Public
Contracts.
1991 -- Subsec. (c)(3). Pub. L. 102-54, 13(b)(2), substituted
''Veterans Health Administration of the Department of Veterans Affairs''
for ''Department of Medicine and Surgery, Veterans' Administration''.
Subsec. (c)(14). Pub. L. 102-54, 13(b)(1), substituted ''Department
of Veterans Affairs'' for ''Veterans' Administration''.
Pub. L. 102-40, 403(c)(1)(A), substituted ''section 7802 of title
38'' for ''section 4202 of title 38''.
Subsec. (c)(16). Pub. L. 102-40, 403(c)(1)(B), substituted ''sections
7405 and 7406'' for ''section 4114''.
1990 -- Subsec. (a)(1). Pub. L. 101-474 redesignated subpars. (C) to
(G) as (B) to (F), respectively, and struck out former subpar. (B) which
included Administrative Office of United States Courts within definition
of ''agency''.
Subsec. (c)(5). Pub. L. 101-509, 529 (title I, 109(a)(2)),
substituted ''members'' for ''and members'' after ''Protective
Service;'' and inserted at end ''and members of the police forces of the
Bureau of Engraving and Printing and the United States Mint whose pay is
fixed under section 5378 of this title;''.
Subsec. (c)(10). Pub. L. 101-510 struck out ''and'' before ''the
Academic Dean'' and inserted at end ''civilian professors, instructors,
and lecturers in the defense acquisition university structure (including
the Defense Systems Management College) whose pay is fixed under section
1746(b) of title 10;''.
Subsec. (c)(25). Pub. L. 101-509, 529 (title I, 101(b)(9)(F)),
substituted ''rate for level V of the Executive Schedule'' for ''maximum
rate for GS-18''.
Subsec. (c)(29), (30). Pub. L. 101-509, 529 (title I, 104(d)(1)),
added pars. (29) and (30).
1989 -- Subsec. (c)(10). Pub. L. 101-189 inserted ''civilian
professors, instructors, and lecturers at a professional military
education school whose pay is fixed under section 1595, 4021, 7478, or
9021 of title 10;'', struck out ''the Naval War College and'' after
''instructors at'', and substituted ''section 6952'' for ''sections 6952
and 7478''.
1987 -- Subsec. (c)(27). Pub. L. 100-135 substituted ''police'' for
''special police force''.
1986 -- Subsec. (c)(14). Pub. L. 99-335 inserted ''(other than
employees of the Federal Retirement Thrift Investment System appointed
under section 8474(c)(2) of this title)''.
1985 -- Subsec. (c)(28). Pub. L. 99-145 added par. (28).
1984 -- Subsec. (a)(1)(x). Pub. L. 98-618 added cl. (x).
1983 -- Subsec. (a)(1)(iii) to (ix). Pub. L. 97-468 struck out cl.
(iii) which excluded the Alaska Railroad, and redesignated cls. (iv) to
(ix) as (iii) to (viii), respectively.
1980 -- Subsec. (a)(1)(ix). Pub. L. 96-191 added cl. (ix).
Subsec. (c)(2). Pub. L. 96-465 substituted ''members of the Foreign
Service whose pay is fixed under the Foreign Service Act of 1980'' for
''employees in the Foreign Service of the United States whose pay is
fixed under chapter 14 of title 22''.
1979 -- Subsec. (a)(1)(vii). Pub. L. 96-70, 3302(e)(1), substituted
''Commission'' for ''Company''.
Subsec. (c)(12). Pub. L. 96-70, 3302(e)(6), substituted provisions
relating to any Executive agency to the extent of any election under
section 1212(b)(2) of the Panama Canal Act of 1979 for provisions
relating to employees of an agency who are stationed in the Canal Zone
or in the Republic of Panama.
Subsec. (c)(23). Pub. L. 96-54 inserted ''and Trademark'' after
''Patent''.
1978 -- Subsec. (c)(5). Pub. L. 95-454, 801(a)(3)(D), substituted
''5375'' for ''5365''.
Subsec. (c)(12)(B). Pub. L. 95-454, 906(a)(2), substituted ''Office
of Personnel Management'' for ''Civil Service Commission''.
1975 -- Subsec. (c)(5). Pub. L. 94-183, 2(12), substituted
''Executive Protective Service'' for ''White House Police''.
Subsec. (c)(9). Pub. L. 94-183, 2(13), substituted ''305'' for
''40''.
1973 -- Subsec. (b). Pub. L. 93-176 extended this chapter to include
positions in local boards and appeal boards within the Selective Service
System and employees occupying those positions.
1970 -- Subsec. (c)(1). Pub. L. 91-375 repealed provision declaring
this chapter inapplicable to employees in the postal field service whose
pay is fixed under chapter 45 of title 39.
Subsec. (c)(4). Pub. L. 91-358 expanded reference to include chief
judges, substituted reference to the Superior Court of the District of
Columbia for references to the District of Columbia Court of General
Sessions and the Juvenile Court of the District of Columbia, and
provided that chapter not apply to nonjudicial employees of the District
of Columbia court system whose pay is fixed under title 11 of the
District of Columbia Code.
1969 -- Subsec. (c)(5). Pub. L. 91-34 extended provisions to include
members of the National Zoological Park police force whose pay is fixed
under section 5365 of this title.
1968 -- Subsec. (c). Pub. L. 90-610 inserted par. (27).
Amendment by section 529 (title I, 101(b)(9)(F), 104(d)(1)) of Pub.
L. 101-509 effective on such date as the President shall determine, but
not earlier than 90 days, and not later than 180 days, after Nov. 5,
1990, see section 529 (title III, 305) of Pub. L. 101-509, set out as a
note under section 5301 of this title.
Amendment by section 529 (title I, 109(a)(2)) of Pub. L. 101-509
effective on first day of first applicable pay period beginning on or
after the 30th day following Nov. 5, 1990, see section 529 (title I,
109(c)) of Pub. L. 101-509, set out as an Effective Date note under
section 5378 of this title.
Amendment by Pub. L. 100-135 applicable with respect to pay periods
beginning after Sept. 30, 1987, except that any pay increase for
employees of Library of Congress, pursuant to such amendment, to be
subject to appropriation and to be implemented in four approximately
equal annual increments, so that pay parity with Capitol Police occurs
beginning with first pay period beginning after Sept. 30, 1990, see
section 3 of Pub. L. 100-135, set out as a note under section 167 of
Title 2, The Congress.
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.
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of Title 22, Foreign Relations
and Intercourse.
Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section
10(a) of Pub. L. 96-191.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(
b) of Pub. L. 96-54, set out as a note under section 305 of this title.
Amendment by section 801(a)(3)(D) of Pub. L. 95-454 effective on
first day of first applicable pay period beginning on or after 90th day
after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out
as an Effective Date note under section 5361 of this title.
Amendment by section 906(2)(2) of Pub. L. 95-454 effective 90 days
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a
note under section 1101 of this title.
Amendment by Pub. L. 93-176 effective not later than beginning of
first pay period which begins on or after 90th day following Dec. 5,
1973, see section 4 of Pub. L. 93-176, set out as a note under section
460 of the Appendix to Title 50, War and National Defense.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Amendment by Pub. L. 91-358 effective first day of seventh calendar
month which begins after July 29, 1970, see section 199(a) of Pub. L.
91-358, set out as a note under section 1257 of Title 28, Judiciary and
Judicial Procedure.
Amendment by Pub. L. 91-34 effective at beginning of first pay
period which commences on or after June 30, 1969, see section 3(a) of
Pub. L. 91-34, set out as an Effective Date note under section 5375 of
this title.
Amendment by Pub. L. 90-610 effective on first day of first pay
period which begins on or after Oct. 21, 1968, see section 3 of Pub.
L. 90-610, set out as a note under section 167 of Title 2, The Congress.
Section 9(h) of Pub. L. 90-83 provided that: ''Section 1(3)
(amending section 1305 of this title), (10) (amending section 3324 of
this title), (11) (amending this section), (12) (amending section 5108
of this title), (22) (enacting section 5534a of this title), (23)
(amending the analysis for chapter 55 of this title), (83)(a) and (d)
(amending section 8344 of this title), (89) (amending section 8521 of
this title), (98) (amending section 902 of this title), (99) (amending
section 903 of this title), and (100) (amending section 8113 of this
title) of this Act is effective as of September 6, 1966, for all
purposes.''
General repealer of provisions inconsistent with Pub. L. 92-392 as
not repealing or affecting subsec. (d) of this section, see section 13
of Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 575, set out as a note
under section 5341 of this title.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under thos sections.
Virgin Islands Corporation established to have succession until June
30, 1969, unless sooner dissolved by Act of Congress, by act June 30,
1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.).
Corporation terminated its program June 30, 1965, and dissolved July 1,
1966. Act June 30, 1949, was repealed by Pub. L. 97-357, title III,
308(e), Oct. 19, 1982, 96 Stat. 1710.
Section 504(c) of Pub. L. 99-145 provided that: ''Section 9314(b)(
2) of title 10, United States Code (as added by subsection (a)(1)(B)),
and section 5102(c)(28) of title 5, United States Code (as added by
subsection (b)), shall not apply to any person who on the date of the
enactment of this Act (Nov. 8, 1985) --
''(1) is a civilian member of the faculty of the United States Air
Force Institute of Technology;
''(2) is paid a rate of basic pay under the General Schedule; and
''(3) elects, under procedures prescribed by the Secretary of the Air
Force, to continue to be paid under the General Schedule.''
Amendments by Pub. L. 92-392 not to decrease basic pay rate of
subsec. (c)(7), (8), or (14) employees in service before effective date
of the amendments as to such employees, see section 9(a)(2) of Pub. L.
92-392, Aug. 19, 1972, 86 Stat. 574, set out as a note under section
5343 of this title.
Rate of basic pay not to be reduced by reason of the enactment of
Pub. L. 91-34, which amended this section, see section 3(b) of Pub. L.
91-34, set out as a note under section 5365 of this title.
title 29 section 218.
/1/ So in original. Subsec. (a)(1) does not contain a cl. (ix).
/2/ So in original. The comma probably should not appear.
05 USC 5103. Determination of applicability
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management shall determine finally the
applicability of section 5102 of this title to specific positions and
employees, except for positions and employees in the Office of the
Architect of the Capitol.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 95-454, title
IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
Former sections 1083 and 1084(c) are combined and restated for
clarity. The words ''hereinafter referred to as the Commission'' in
former section 1083 are omitted as unnecessary. The exception from
''section 1082 (except paragraph (7) thereof)'' in former section 1084(
c) is carried into section 5102(d).
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' for ''Civil Service Commission''.
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.
05 USC 5104. Basis for grading positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The General Schedule, the symbol for which is ''GS'', is the basic
pay schedule for positions to which this chapter applies. The General
Schedule is divided into grades of difficulty and responsibility of
work, as follows:
(1) Grade GS-1 includes those classes of positions the duties of
which are to perform, under immediate supervision, with little or no
latitude for the exercise of independent judgment --
(A) the simplest routine work in office, business, or fiscal
operations; or
(B) elementary work of a subordinate technical character in a
professional, scientific, or technical field.
(2) Grade GS-2 includes those classes of positions the duties of
which are --
(A) to perform, under immediate supervision, with limited latitude
for the exercise of independent judgment, routine work in office,
business, or fiscal operations, or comparable subordinate technical work
of limited scope in a professional, scientific, or technical field,
requiring some training or experience; or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(3) Grade GS-3 includes those classes of positions the duties of
which are --
(A) to perform, under immediate or general supervision, somewhat
difficult and responsible work in office, business, or fiscal
operations, or comparable subordinate technical work of limited scope in
a professional, scientific, or technical field, requiring in either case
--
(i) some training or experience;
(ii) working knowledge of a special subject matter; or
(iii) to some extent the exercise of independent judgment in
accordance with well-established policies, procedures, and techniques;
or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(4) Grade GS-4 includes those classes of positions the duties of
which are --
(A) to perform, under immediate or general supervision, moderately
difficult and responsible work in office, business, or fiscal
operations, or comparable subordinate technical work in a professional,
scientific, or technical field, requiring in either case --
(i) a moderate amount of training and minor supervisory or other
experience;
(ii) good working knowledge of a special subject matter or a limited
field of office, laboratory, engineering, scientific, or other procedure
and practice; and
(iii) the exercise of independent judgment in accordance with
well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(5) Grade GS-5 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, difficult and responsible
work in office, business, or fiscal administration, or comparable
subordinate technical work in a professional, scientific, or technical
field, requiring in either case --
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special subject matter or of
office, laboratory, engineering, scientific, or other procedure and
practice; and
(iii) the exercise of independent judgment in a limited field;
(B) to perform, under immediate supervision, and with little
opportunity for the exercise of independent judgment, simple and
elementary work requiring professional, scientific, or technical
training; or
(C) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(6) Grade GS-6 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, difficult and responsible
work in office, business, or fiscal administration, or comparable
subordinate technical work in a professional, scientific, or technical
field, requiring in either case --
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special and complex subject matter,
procedure, or practice, or of the principles of the profession, art, or
science involved; and
(iii) to a considerable extent the exercise of independent judgment;
or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(7) Grade GS-7 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, work of considerable
difficulty and responsibility along special technical or supervisory
lines in office, business, or fiscal administration, or comparable
subordinate technical work in a professional, scientific, or technical
field, requiring in either case --
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive working knowledge of a special and complex subject
matter; procedure, or practice, or of the principles of the profession,
art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment;
(B) under immediate or general supervision, to perform somewhat
difficult work requiring --
(i) professional, scientific, or technical training; and
(ii) to a limited extent, the exercise of independent technical
judgment; or
(C) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(8) Grade GS-8 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, very difficult and
responsible work along special technical or supervisory lines in office,
business, or fiscal administration, requiring --
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive and thorough working knowledge of a specialized
and complex subject matter, procedure, or practice, or of the principles
of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment;
or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(9) Grade GS-9 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, very difficult and
responsible work along special technical, supervisory, or administrative
lines in office, business, or fiscal administration, requiring --
(i) somewhat extended specialized training and considerable
specialized, supervisory, or administrative experience which has
demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a special and complex
subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment;
(B) with considerable latitude for the exercise of independent
judgment, to perform moderately difficult and responsible work,
requiring --
(i) professional, scientific, or technical training equivalent to
that represented by graduation from a college or university of
recognized standing; and
(ii) considerable additional professional, scientific, or technical
training or experience which has demonstrated capacity for sound
independent work; or
(C) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(10) Grade GS-10 includes those classes of positions the duties of
which are --
(A) to perform, under general supervision, highly difficult and
responsible work along special technical, supervisory, or administrative
lines in office, business, or fiscal administration, requiring --
(i) somewhat extended specialized, supervisory, or administrative
training and experience which has demonstrated capacity for sound
independent work;
(ii) thorough and fundamental knowledge of a specialized and complex
subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment;
or
(B) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(11) Grade GS-11 includes those classes of positions the duties of
which are --
(A) to perform, under general administrative supervision and with
wide latitude for the exercise of independent judgment, work of marked
difficulty and responsibility along special technical, supervisory, or
administrative lines in office, business, or fiscal administration,
requiring --
(i) extended specialized, supervisory, or administrative training and
experience which has demonstrated important attainments and marked
capacity for sound independent action or decision; and
(ii) intimate grasp of a specialized and complex subject matter, or
of the profession, art, or science involved, or of administrative work
of marked difficulty;
(B) with wide latitude for the exercise of independent judgment, to
perform responsible work of considerable difficulty requiring somewhat
extended professional, scientific, or technical training and experience
which has demonstrated important attainments and marked capacity for
independent work; or
(C) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(12) Grade GS-12 includes those classes of positions the duties of
which are --
(A) to perform, under general administrative supervision, with wide
latitude for the exercise of independent judgment, work of a very high
order of difficulty and responsibility along special technical,
supervisory, or administrative lines in office, business, or fiscal
administration, requiring --
(i) extended specialized, supervisory, or administrative training and
experience which has demonstrated leadership and attainments of a high
order in specialized or administrative work; and
(ii) intimate grasp of a specialized and complex subject matter or of
the profession, art, or science involved;
(B) under general administrative supervision, and with wide latitude
for the exercise of independent judgment, to perform professional,
scientific, or technical work of marked difficulty and responsibility
requiring extended professional, scientific, or technical training and
experience which has demonstrated leadership and attainments of a high
order in professional, scientific, or technical research, practice, or
administration; or
(C) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(13) Grade GS-13 includes those classes of positions the duties of
which are --
(A) to perform, under administrative direction, with wide latitude
for the exercise of independent judgment, work of unusual difficulty and
responsibility along special technical, supervisory, or administrative
lines, requiring extended specialized, supervisory, or administrative
training and experience which has demonstrated leadership and marked
attainments;
(B) to serve as assistant head of a major organization involving work
of comparable level within a bureau;
(C) to perform, under administrative direction, with wide latitude
for the exercise of independent judgment, work of unusual difficulty and
responsibility requiring extended professional, scientific, or technical
training and experience which has demonstrated leadership and marked
attainments in professional, scientific, or technical research,
practice, or administration; or
(D) to perform other work of equal importance, difficulty, and
responsibility, and requiring comparable qualifications.
(14) Grade GS-14 includes those classes of positions the duties of
which are --
(A) to perform, under general administrative direction, with wide
latitude for the exercise of independent judgment, work of exceptional
difficulty and responsibility along special technical, supervisory, or
administrative lines which has demonstrated leadership and unusual
attainments;
(B) to serve as head of a major organization within a bureau
involving work of comparable level;
(C) to plan and direct or to plan and execute major professional,
scientific, technical, administrative, fiscal, or other specialized
programs, requiring extended training and experience which has
demonstrated leadership and unusual attainments in professional,
scientific, or technical research, practice, or administration, or in
administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific,
technical, administrative, fiscal, or other specialized work of equal
importance, difficulty, and responsibility, and requiring comparable
qualifications.
(15) Grade GS-15 includes those classes of positions the duties of
which are --
(A) to perform, under general administrative direction, with very
wide latitude for the exercise of independent judgment, work of
outstanding difficulty and responsibility along special technical,
supervisory, or administrative lines which has demonstrated leadership
and exceptional attainments;
(B) to serve as head of a major organization within a bureau
involving work of comparable level;
(C) to plan and direct or to plan and execute specialized programs of
marked difficulty, responsibility, and national significance, along
professional, scientific, technical, administrative, fiscal, or other
lines, requiring extended training and experience which has demonstrated
leadership and unusual attainments in professional, scientific, or
technical research, practice, or administration, or in administrative,
fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific,
technical, administrative, fiscal, or other specialized work of equal
importance, difficulty, and responsibility, and requiring comparable
qualifications.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 446; Pub. L. 101-509, title
V, 529 (title I, 102(b)(1)), Nov. 5, 1990, 104 Stat. 1427, 1443.)
Former sections 1111 and 1112 are combined and restated.
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.
1990 -- Pub. L. 101-509 struck out ''18'' before ''grades'' in
introductory provisions and struck out pars. (16) to (18) which
described grades GS-16 to GS-18.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
Pub. L. 91-216, May 17, 1970, 84 Stat. 72, provided: ''That this
Act may be cited as the 'Job Evaluation Policy Act of 1970'.
''Sec. 101. The Congress hereby finds that --
''(1) the tremendous growth required in the activities of the Federal
Government in order to meet the country's needs during the past several
decades has led to the need for employees in an ever-increasing and
changing variety of occupations and professions, many of which did not
exist when the basic principles of job evaluation and ranking were
established by the Classification Act of 1923 (Act Mar. 4, 1923, ch.
265, 42 Stat. 1488). The diverse and constantly changing nature of these
occupations and professions requires that the Federal Government
reassess its approach to job evaluation and ranking better to fulfill
its role as an employer and assure efficient economical administration;
''(2) the large number and variety of job evaluation and ranking
systems in the executive branch have resulted in significant inequities
in selection, promotion, and pay of employees in comparable positions
among these systems;
''(3) little effort has been made by Congress or the executive branch
to consolidate or coordinate the various job evaluation and ranking
systems, and there has been no progress toward the establishment of a
coordinated system in which job evaluation and ranking, regardless of
the methods used, is related to a unified set of principles providing
coherence and equity throughout the executive branch;
''(4) within the executive branch, there has been no significant
study of, or experimentation with the several recognized methods of job
evaluation and ranking to determine which of those methods are most
appropriate for use and application to meet the present and future needs
of the Federal Government; and
''(5) notwithstanding the recommendations resulting from the various
studies conducted during the last twenty years, the Federal Government
has not taken the initiative to implement those recommendations with
respect to the job evaluation and ranking systems within the executive
branch, with the result that such systems have not, in many cases, been
adapted or administered to meet the rapidly changing needs of the
Federal Government.
''Sec. 201. It is the sense of Congress that --
''(1) the executive branch shall, in the interest of equity,
efficiency, and good administration, operate under a coordinated job
evaluation and ranking system for all civilian positions, to the
greatest extent practicable;
''(2) the system shall be designed so as to utilize such methods of
job evaluation and ranking as are appropriate for use in the executive
branch, taking into account the various occupational categories of
positions therein; and
''(3) the United States Civil Service Commission shall be authorized
to exercise general supervision and control over such a system.
''Sec. 301. The Civil Service Commission, through such organizational
unit which it shall establish within the Commission and which shall
report directly to the Commission, shall prepare a comprehensive plan
for the establishment of a coordinated system of job evaluation and
ranking for civilian positions, in the executive branch. The plan shall
include, among other things --
''(1) provision for the establishment of a method or methods for
evaluating jobs and alining them by level;
''(2) a time schedule for the conversion of existing job evaluation
and ranking systems into the coordinated system;
''(3) provision that the Civil Service Commission shall have general
supervision of and control over the coordinated job evaluation and
ranking system, including, if the Commission deems it appropriate, the
authority to approve or disapprove the adoption, use and administration
in the executive branch of the method or methods established under that
system;
''(4) provision for the establishment of procedures for the periodic
review by the Civil Service Commission of the effectiveness of the
method or methods adopted for use under the system; and
''(5) provision for maintenance of the system to meet the changing
needs of the executive branch in the future.
''Sec. 302. In carrying out its functions under section 301 of this
Act, the Commission shall consider all recognized methods of job
evaluation and ranking.
''Sec. 303. The Civil Service Commission is authorized to secure
directly from any executive agency, as defined by section 105 of title
5, United States Code, or any bureau, office, or part thereof,
information, suggestions, estimates, statistics, and technical
assistance for the purposes of this Act; and each such executive agency
or bureau, office, or part thereof is authorized and directed to furnish
such information, suggestions, estimates, statistics, and technical
assistance directly to the Civil Service Commission upon request by the
Commission.
''Sec. 304. (a) Within one year after the date of enactment of this
Act, the Commission shall submit to the President and the Congress an
interim progress report on the current status and results of its
activities under this Act, together with its current findings.
''(b) Within two years after the date of enactment of this Act (Mar.
17, 1970) --
''(1) the Civil Service Commission shall complete its functions under
this Act and shall transmit to the President a comprehensive report of
the result of its activities, together with its recommendations
(including its draft of proposed legislation to carry out such
recommendations), and
''(2) the President shall transmit that report (including the
recommendations and draft of proposed legislation of the Commission) to
the Congress, together with such recommendations as the President deems
appropriate.
''(c) The Commission shall submit to the Committees on Post Office
and Civil Service of the Senate and House of Representatives once each
calendar month, or at such other intervals as may be directed by those
committees, or either of them, an interim progress report on the then
current status and results of the activities of the Commission under
this Act, together with the then current findings of the Commission.
''(d) The Commission shall periodically consult with, and solicit the
views of, appropriate employee and professional organizations.
''(e) The organizational unit established under section 301 of this
Act shall cease to exist upon the submission of the report to the
Congress under subsection (b) of this section.''
1402; title 25 section 2802.
05 USC 5105. Standards for classification of positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management, after consulting the
agencies, shall prepare standards for placing positions in their proper
classes and grades. The Office may make such inquiries or
investigations of the duties, responsibilities, and qualification
requirements of positions as it considers necessary for this purpose.
The agencies, on request of the Office, shall furnish information for
and cooperate in the preparation of the standards. In the standards,
which shall be published in such form as the Office may determine, the
Office shall --
(1) define the various classes of positions in terms of duties,
responsibilities, and qualification requirements;
(2) establish the official class titles; and
(3) set forth the grades in which the classes have been placed by the
Office.
(b) The Office, after consulting the agencies to the extent
considered necessary, shall revise, supplement, or abolish existing
standards, or prepare new standards, so that, as nearly as may be
practicable, positions existing at any given time will be covered by
current published standards.
(c) The official class titles established under subsection (a)(2) of
this section shall be used for personnel, budget, and fiscal purposes.
However, this requirement does not prevent the use of organizational or
other titles for internal administration, public convenience, law
enforcement, or similar purposes.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 452; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
The section is restated for clarity.
In subsection (b), the requirement that the Commission keep the
standards up to date is omitted as included in the requirement that the
Commission revise, supplement, or abolish existing standards, or prepare
new standards so as to keep them current as nearly as practicable.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' and ''Office'' for ''Civil Service Commission''
and ''Commission'', respectively, wherever appearing.
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.
05 USC 5106. Basis for classifying positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Each position shall be placed in its appropriate class. The
basis for determining the appropriate class is the duties and
responsibilities of the position and the qualifications required by the
duties and responsibilities.
(b) Each class shall be placed in its appropriate grade. The basis
for determining the appropriate grade is the level of difficulty,
responsibility, and qualification requirements of the work of the class.
(c) Appropriated funds may not be used to pay an employee who places
a supervisory position in a class and grade solely on the basis of the
size of the organization unit or the number of subordinates supervised.
These factors may be given effect only to the extent warranted by the
work load of the organization unit and then only in combination with
other factors, such as the kind, difficulty, and complexity of work
supervised, the degree and scope of responsibility delegated to the
supervisor, and the kind, degree, and character of the supervision
exercised.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453.)
In subsection (c), the prohibition is restated in positive form. The
words ''to pay'' are substituted for the words ''to pay the compensation
of''. The words ''the group, section, bureau'' are omitted as included
in the words ''the organization unit''. The word ''actually'' in the
phrase ''of the supervision exercised'' is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
05 USC 5107. Classification of positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Except as otherwise provided by this chapter, each agency shall place
each position under its jurisdiction in its appropriate class and grade
in conformance with standards published by the Office of Personnel
Management or, if no published standards apply directly, consistently
with published standards. When facts warrant, an agency may change a
position which it has placed in a class or grade under this section from
that class or grade to another class or grade. Subject to subchapter VI
of chapter 53 of this title, these actions of an agency are the basis
for pay and personnel transactions until changed by certificate of the
Office.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 95-454, title
VIII, 801(a)(3)(E), title IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat.
1222, 1224.)
The words ''to which this chapter applies'' are omitted as
unnecessary in view of section 5102. The words ''Subject to section
5337 of this title'' are added to reflect the qualification imposed by
that section.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' for ''Civil Service Commission'', ''Office'' for
''Commission'', and ''subchapter VI of chapter 53'' for ''section
5337''.
Amendment by section 803(a)(3)(E) of Pub. L. 95-454, substituting
reference to subchapter VI of chapter 53 for reference to section 5337,
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), (3) of Pub. L. 95-454, substituting
reference to Office of Personnel Management for reference to Civil
Service Commission, 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.
05 USC 5108. Classification of positions above GS-15
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management may, for any Executive agency
--
(1) establish, and from time to time revise, the maximum number of
positions which may at any one time be classified above GS-15; and
(2) establish standards and procedures (including requiring agencies,
where necessary in the judgment of the Office, to obtain the prior
approval of the Office) in accordance with which positions may be
classified above GS-15; /1/
(b) The President, rather than the Office, shall exercise the
authority under subsection (a) in the case of positions proposed to be
placed in the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 89-632, 1(
a)-(d), Oct. 8, 1966, 80 Stat. 878; Pub. L. 90-83, 1(12), Sept. 11,
1967, 81 Stat. 197; Pub. L. 91-187, 1, Dec. 30, 1969, 83 Stat. 850;
Pub. L. 91-206, 5(a), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91-596, 30,
Dec. 29, 1970, 84 Stat. 1619; Pub. L. 91-644, title I, 11, Jan. 2,
1971, 84 Stat. 1889; Pub. L. 91-656, 9, Jan. 8, 1971, 84 Stat. 1955;
Pub. L. 91-261, 12, Mar. 24, 1972, 86 Stat. 112; Pub. L. 90-351, title
I, 506(c), as added Pub. L. 93-83, 2, Aug. 6, 1973, 87 Stat. 211; Pub.
L. 93-282, title III, 301, May 14, 1974, 88 Stat. 137; Pub. L. 93-406,
title I, 507(b), title II, 1051(b)(2), title IV, 4002(c), Sept. 2, 1974,
88 Stat. 894, 951, 1005; Pub. L. 93-415, title II, 201(g), Sept. 7,
1974, 88 Stat. 1113; Pub. L. 93-463, title IV, 410, Oct. 23, 1974, 88
Stat. 1414; Pub. L. 93-516, title II, 208(b), Dec. 7, 1974, 88 Stat.
1629; Pub. L. 93-651, title II, 208( b), Nov. 21, 1974, 89 Stat. 2-14;
Pub. L. 94-183, 2(14), (15), Dec. 31, 1975, 89 Stat. 1057; Pub. L.
94-233, 13, Mar. 15, 1976, 90 Stat. 233; Pub. L. 94-503, title II,
202(a), Oct. 15, 1976, 90 Stat. 2426; Pub. L. 95-91, title VII, 710(
b), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-190, 11(a), Nov. 16, 1977,
91 Stat. 1398; Pub. L. 95-219, 3(c), Dec. 28, 1977, 91 Stat. 1614;
Pub. L. 95-251, 1, Mar. 27, 1978, 92 Stat. 183; Pub. L. 95-454, title
IV, 414(a)(1)(A), (C), (D), Oct. 13, 1978, 92 Stat. 1177; Pub. L.
95-486, 10, Oct. 20, 1978, 92 Stat. 1634; Pub. L. 95-563, 14(g), Nov.
1, 1978, 92 Stat. 2390; Pub. L. 95-612, 3(b), Nov. 8, 1978, 92 Stat.
3091; Pub. L. 95-624, 22, Nov. 9, 1978, 92 Stat. 3466; Pub. L. 95-630,
title V, 502(c), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96-54, 2(a)(
23), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-191, 8(c), Feb. 15, 1980,
94 Stat. 33; Pub. L. 100-325, 2(g), May 30, 1988, 102 Stat. 581; Pub.
L. 100-702, title I, 104(c)(2), Nov. 19, 1988, 102 Stat. 4645; Pub. L.
101-474, 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V,
529 (title I, 102(b)(2)), Nov. 5, 1990, 104 Stat. 1427, 1443.)
The section is reorganized for clarity.
In subsection (a)(2), the date ''October 4, 1961'' is substituted for
''the date of enactment of this subparagraph''.
Subsection (c)(6) is added on authority of section 302 of the Act of
July 29, 1958, Pub. L. 85-568, 72 Stat. 433, 42 U.S.C. 2453, and
Transfer Plan, effective March 15, 1960, 25 F.R. 2151, section 2(c) of
which in effect transferred from the Department of Defense to the
National Aeronautics and Space Administration 5 of the 372 positions
authorized to be placed in GS-16, 17, and 18 pursuant to section 1(a) of
the Act of Sept. 23, 1959, Pub. L. 86-377, 73 Stat. 700.
In subsection (c)(8), the words ''on and after July 7, 1955'' are
omitted as obsolete.
In subsection (d), the words ''subsequent to February 1, 1958'' are
omitted as obsolete and the words ''of the Government'' are omitted as
unnecessary.
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 amendment to 5 U.S.C. 5108(c)(5) corrects a typographical error
and conforms to the source law (act of October 11, 1962, Public Law
87-793, section 606(b), 76 Stat. 849; former 5 U.S.C. 1105(j)).
1990 -- Pub. L. 101-509 amended section generally, substituting
provisions relating to classification of positions above GS-15,
consisting of subsecs. (a) and (b), for provisions relating to
classification of provisions at GS-16, 17, and 18, consisting of
subsecs. (a) to (c).
Subsec. (c). Pub. L. 101-474 redesignated pars. (2) and (3) as (1)
and (2), respectively, and struck out former par. (1), which read as
follows: ''the Director of the Administrative Office of the United
States Courts, subject to the standards and procedures prescribed by
this chapter, may place a total of 17 positions in GS-16, 17, and 18;
and''.
1988 -- Subsec. (a). Pub. L. 100-325 added cl. (iii) and
substituted ''the Federal Bureau of Investigation and Drug Enforcement
Administration Senior Executive Service'' for ''GS-16, 17, and 18 in the
Federal Bureau of Investigation'' in last sentence.
Subsec. (c)(1). Pub. L. 100-702 substituted ''17 positions'' for ''15
positions''.
1980 -- Subsec. (c). Pub. L. 96-191 struck out par. (1) which
authorized Comptroller General, subject to procedures prescribed by this
section, to place a total of 90 positions in General Accounting Office
in GS-16, 17, and 18, and redesignated pars. (2) to (4) as (1) to (3),
respectively.
1979 -- Subsec. (c)(4), (17). Pub. L. 96-54 redesignated par.
(17), relating to executive departments or agencies in which boards of
contracts appeals are established, as par. (4).
1978 -- Subsec. (a). Pub. L. 95-630 substituted ''3,310'' for
''3,301''.
Pub. L. 95-612 substituted ''3362'' for ''3301''.
Pub. L. 95-454, 414(a)(1)(C), substituted provisions authorizing
Director of Office of Personnel Management to establish the maximum
number of positions, not to exceed 10,777, which may be placed in GS-16,
17, and 18, and the Senior Executive Service and to place positions in
GS-16, 17, or 18, and requiring the President to carry out the
Director's authority for proposed positions in the Federal Bureau of
Investigation for provisions authorizing a majority of the Civil Service
Commissioners to establish the maximum number of positions, not to
exceed 3362 (in addition to certain specified positions), which may be
placed in GS-16, 17, and 18, placing a percentage limitation on the
number of positions placed in GS-17 and 18, and requiring the approval
of a majority of the Commissioners to place positions in GS-16, 17, or
18.
Pub. L. 95-251 substituted ''340 administrative law judge'' for ''240
hearing examiner''.
Subsec. (c)(2). Pub. L. 95-454, 414(a)(1)(A)(i), (D)(i), redesignated
par. (3), relating to the Director of the Administrative Office of the
United States, as (2) and repealed former par. (2) relating to the
Federal Bureau of Investigation.
Subsec. (c)(3). Pub. L. 95-486 inserted provision subjecting the
Director of the Administrative Office of the United States Courts to the
standards and procedures prescribed by this chapter and substituted
provision authorizing placement of 15 positions in GS-16, 17, and 18 for
provision authorizing placement of 4 positions in GS-17.
Pub. L. 95-454, 414(a)(1)(D), redesignated par. (12), relating to
the Chief Judge of the United States Tax Court, as par. (3). Former
par. (3) redesignated (2).
Subsec. (c)(4) to (11). Pub. L. 95-454, 414(a)(1)(A)(i), repealed
par. (4) relating to the Commissioner of Immigration and
Naturalization, par. (5) relating to the Secretary of Defense, par.
(6) relating to the Administrator of the National Aeronautics and Space
Administration, pars. (7) and (8) relating to the Attorney General,
par. (9) relating to the Railroad Retirement Board, par. (10) relating
to the Secretary of Labor and the Occupational Safety and Health Review
Commission, and par. (11) relating to the Law Enforcement Assistance
Administration.
Subsec. (c)(8). Pub. L. 95-624 substituted ''45'' for ''32''.
Subsec. (c)(12). Pub. L. 95-454, 414(a)(1)(D)(i), redesignated par.
(12) relating to the Chief Judge of the United States Tax Court, as (3).
Subsec. (c)(13) to (16). Pub. L. 95-454, 414(a)(1)(A)(i), repealed
par. (13) relating to the Commodity Futures Trading Commission, par.
(14) relating to the Secretary of Health, Education, and Welfare, par.
(15) relating to the Chairman of the Equal Employment Opportunity
Commission, and par. (16) relating to the Secretary of Health,
Education, and Welfare.
Subsec. (c)(17). Pub. L. 95-563 added par. (17).
Subsec. (d). Pub. L. 95-454, 414(a)(1)(A)(ii), repealed subsec. (d)
which provided the order for reducing the positions authorized to be
placed in grades GS-16, 17, and 18 under this section when a general
authorization statute authorized additional positions in these grades.
Subsec. (e). Pub. L. 95-454, 414(a)(1)(A)(ii), repealed subsec. (e)
which authorized the Commissioner of Internal Revenue to place 20
additional positions in grades GS-16 and 17.
Subsec. (f). Pub. L. 95-454, 414(a)(1)(A)(ii), repealed subsec. (f)
which authorized the Secretary of Labor to place additional positions in
grades GS-16, 17, and 18.
Subsec. (g). Pub. L. 95-454, 414(a)(1)(A)(ii), repealed subsec. (g)
which authorized the Pension Benefit Guaranty Corporation to place
additional positions in grades GS-16, 17, and 18.
1977 -- Subsec. (a). Pub. L. 95-219 substituted ''3301'' for
''3293''.
Pub. L. 95-190 substituted ''3293'' for ''3243''.
Pub. L. 95-91 substituted ''3243'' for ''2754''.
1976 -- Subsec. (c)(7). Pub. L. 94-233 restructured provisions and,
as restructured, deleted authority relating to 8 positions of Member of
the Board of Parole in GS-17.
Subsec. (c)(8). Pub. L. 94-503 substituted provision that the
Attorney General, without regard to any other provision of this section,
may place a total of 32 positions in GS-16, 17, and 18 for provision
that the Attorney General, without regard to this chapter (except
section 5114), may place 1 position in GS-16.
1975 -- Subsec. (c)(11). Pub. L. 94-183, 2(14), increased to
twenty-five the number of positions which the Law Enforcement Assistance
Administration may place in GS-16, 17, and 18. The increase required no
change in text in view of the 1974 amendment by Pub. L. 93-415, which
called for an identical increase.
Subsec. (c)(13) to (16). Pub. L. 94-183, 2(15), redesignated par.
(12) relating to the Commodity Futures Trading Commission, par. (12)
relating to the Secretary of Health, Education, and Welfare and the
Office for the Blind and Visually Handicapped of the Rehabilitation
Services Administration, par. (13) relating to the Chairman of the
Equal Employment Opportunity Commission, and par. (14) relating to the
Secretary of Health, Education, and Welfare and the National Institute
on Alcohol Abuse and Alcoholism, as pars. (13) to (16), respectively.
1974 -- Subsec. (c)(11). Pub. L. 93-415 increased from twenty-two to
twenty-five the number of positions which the Law Enforcement Assistance
Administration may place in GS-16, 17, and 18. Amendment has been
executed to subsec. (c)(11) as the probable intent of Congress
notwithstanding direction in section 210 (g) of Pub. L. 93-415 that
the amendment be executed to subsec. (c) (10).
Subsec. (c)(11) to (14). Pub. L. 93-282 redesignated par. (10)
relating to Law Enforcement Assistance Administration, par. (10)
relating to Chief Judge of the United States Tax Court, par. (11)
relating to Chairman of the Equal Employment Opportunity Commission, as
pars. (11) to (13), respectively, and added par. (14) relating to
GS-16, 17, and 18 positions in the National Institute on Alcohol Abuse
and Alcoholism.
Subsec. (c)(12). Pub. L. 93-651 and Pub. L. 93-516 amended section
identically, adding par. (12) relating to Secretary of Health,
Education, and Welfare and the Office for the Blind and Visually
Handicapped of the Rehabilitation Services Administration.
Subsec. (c)(12). Pub. L. 93-463 added par. (12) relating to the
Commodity Futures Trading Commission.
Subsec. (e). Pub. L. 93-406, 1051(b)(2), added subsec. (e).
Subsec. (f). Pub. L. 93-406, 507(b), added subsec. (f).
Subsec. (g). Pub. L. 93-406, 4002(c), added subsec. (g).
1973 -- Subsec. (c)(10). Pub. L. 93-83 substituted in par. (10) as
added by Pub. L. 91-644 ''twenty-two'' for ''twenty''.
1972 -- Subsec. (c). Pub. L. 92-261 added par. (11).
1971 -- Subsec. (a). Pub. L. 91-656, 9(b), substituted ''2,754'' for
''2,734''.
Subsec. (c)(10). Pub. L. 91-656, 9(a), added par. (10) relating to
the Chief Judge of the United States Tax Court.
Subsec. (c)(10). Pub. L. 91-644 added par. (10) relating to Law
Enforcement Assistance Administration.
1970 -- Subsec. (a). Pub. L. 91-206 substituted ''2,734'' for
''2,727''.
Subsec. (c)(10). Pub. L. 91-596 added par. (10) relating to
positions in the Department of Labor.
1969 -- Subsec. (a). Pub. L. 91-187, 1(a), increased the number of
positions authorized to be established from 2,577 to 2,727.
Subsec. (b)(2). Pub. L. 91-187, 1(b), increased the authorized number
of positions in the Library of Congress that could be placed in pay
grades GS-16, 17, and 18 from 28 to 44.
Subsec. (c)(1). Pub. L. 91-187, 1(c), increased the authorized number
of positions in the General Accounting Office that could be placed in
pay grades GS-16, 17, and 18 from 64 to 90.
Subsec. (c)(2). Pub. L. 91-187, 1(d), increased the authorized number
of positions in the Federal Bureau of Investigation that could be placed
in pay grades GS-16, 17, and 18 from 110 to 140.
1966 -- Subsec. (a). Pub. L. 89-632, 1(a), increased the number of
positions authorized to be established from 2,400 to 2,577, struck out
cl. (1) designation preceding the provision limiting number of
positions to be placed in GS-17 and GS-18, and struck out cls. (2) to
(5), which made positions available only for allocation as follows: 50,
with Presidential approval, for an agency or function created after Oct.
4, 1961, 14 to the United States Arms Control and Disarmament Agency, 6
to the Immigration and Naturalization Service, and 4 to the Federal Home
Loan Bank Board, respectively.
Subsec. (b). Pub. L. 89-632, 1(b), designated existing provisions as
par. (1) and added par. (2).
Subsec. (c)(1). Public L. 89-632, 1(c), increased the number of
positions in the GAO from 39 to 64.
Subsec. (c)(2). Pub. L. 89-632, 1(d), increased the number of
positions in the FBI from 75 to 110.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
Amendment by Pub. L. 100-702 effective Jan. 1, 1989, see section
109 of title I of Pub. L. 100-702, set out as a Federal Courts Study
Committee note under section 331 of Title 28, Judiciary and Judicial
Procedure.
Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section
10(a) of Pub. L. 96-191.
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.
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. 95-612 effective Oct. 1, 1978, or some later
date related to availability of funds under appropriation acts
authorized by appropriations authorization, see section 7 of Pub. L.
95-612, set out as a note under section 276c-2 of Title 22, Foreign
Relations and Intercourse.
Amendment by Pub. L. 95-563 effective with respect to contracts
entered into 120 days after Nov. 1, 1978 and, at the election of the
contractor, with respect to any claim pending at such time before the
contracting officer or initiated thereafter, see section 16 of Pub. L.
95-563, set out as an Effective Date note under section 601 of Title 41,
Public Contracts.
Amendment by Pub. L. 95-454 effective 180 days after Oct. 13, 1978,
see section 415(a)(3) of Pub. L. 95-454, set out as an Effective Date
note under section 3131 of this title.
Amendment by Pub. L. 94-233 effective on sixtieth day following Mar.
15, 1976, see section 16(b) of Pub. L. 94-233, set out as an Effective
Date note under section 4201 of Title 18, Crimes and Criminal Procedure.
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. 93-415 effective Sept. 7, 1974, see section
263(a) of Pub. L. 93-415, set out as an Effective Date note under
section 5601 of Title 42, The Public Health and Welfare.
Amendment by Pub. L. 93-406, 1051(b)(2), effective on 90th day after
Sept. 2, 1974, see section 1051(d) of Pub. L. 93-406, set out as a
note under section 7802 of Title 26, Internal Revenue Code.
Amendment by Pub. L. 93-406, 4002(c), effective Sept. 2, 1974, see
section 4082(a) of Pub. L. 93-406, which is classified to section
1461(a) of Title 29, Labor.
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.
Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under
section 5102 of this title.
Pub. L. 95-612, 3(b), Nov. 8, 1978, 92 Stat. 3091, cited as a
credit to this section, was repealed by Pub. L. 97-258, 5(b), Sept.
13, 1982, 96 Stat. 1068.
Appointments; Eligibility of Appointees; Termination
of Authority on Leaving Positions; Determination of
Aggregate Number of Positions Authorized for Placement
in Such Grades
Pub. L. 95-612, 3(a), (c), Nov. 8, 1978, 92 Stat. 3091, 3092,
relating to the appointment of GS-16, GS-17, and GS-18 positions, was
repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068.
Section 414(a)(1)(B) of Pub. L. 95-454 provided that:
''Notwithstanding any other provision of law (other than section 5108 of
such title 5), the authority granted to an agency (as defined in section
5102(a)(1) of such title 5 under any such provision to place one or more
positions in GS-16, 17, or 18 of the General Schedule, is hereby
terminated.''
Section 414(a)(3) of Pub. L. 95-454 provided that:
''(A) The provisions of paragraphs (1) and (2) of this subsection
(amending sections 3104 and 5108 of this title) shall not apply with
respect to any position so long as the individual occupying such
position on the day before the date of the enactment of this Act (Oct.
13, 1978) continues to occupy such position.
''(B) The Director --
''(i) in establishing under section 5108 of title 5, United States
Code, the maximum number of positions which may be placed in GS-16, 17,
and 18 of the General Schedule, and
''(ii) in establishing under section 3104 of such title 5 the maximum
number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this
paragraph applies.''
(References in laws to rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under General Schedule, to be considered references
to rates payable under specified sections of this title, see section 529
(title I, 101(c)(1)) of Pub. L. 101-509, set out in a note under section
5376 of this title.)
Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 94, authorizing the
Director of the Office of Management and Budget to place a total of five
positions on GS-16, 17, and 18 in addition to the positions authorized
by section 5108 of this title, was repealed by Pub. L. 97-258, 5(b),
Sept. 13, 1982, 96 Stat. 1068.
Preference to be given to blind individuals in selection of
additional personnel under subsec. (c)(12) of this section, see section
208(c) of Pub. L. 93-516, set out as a note under section 702 of Title
29, Labor.
Chairman of Consumer Product Safety Commission authorized to place
twelve positions in GS-16, GS-17, and GS-18, see section 2053 of Title
15, Commerce and Trade.
166; title 15 section 2053; title 20 section 3461;
title 22 sections 2193, 2385, 2454; title 25 sections
640d-11, 2641; title 29 sections 661, 761a, 1137;
title 30 section 1211; title 42 section 7231; title
45 section 231f.
/1/ So in original. The semicolon probably should be a period.
05 USC 5109. Positions classified by statute
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The position held by an employee of the Department of Agriculture
while he, under section 450d of title 7, is designated and vested with a
delegated regulatory function or part thereof shall be classified in
accordance with this chapter, but not lower than GS-14.
(b) The position held by the employee appointed under section 7802(
b) of the Internal Revenue Code of 1986 shall be considered a position
classified above GS-15 pursuant to section 5108.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 91-34, 2(b),
June 30, 1969, 83 Stat. 41; Pub. L. 93-406, title II, 1051(b)(1), Sept.
2, 1974, 88 Stat. 951; Pub. L. 95-454, title IX, 906(b), Oct. 13,
1978, 92 Stat. 1226; Pub. L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 101-509, title V, 529 (title I, 101(b)(9)(G)), Nov. 5, 1990,
104 Stat. 1427, 1441.)
In subsection (a), the words ''section 450d of title 7'' are
substituted for ''this section'' to reflect the scheduled transfer of
former section 516b to title 7.
In subsection (c), the words ''Notwithstanding any other law'' were
omitted as unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1990 -- Subsec. (b). Pub. L. 101-509 substituted ''shall be
considered a position classified above GS-15 pursuant to section 5108''
for ''is classified at GS-18, and is in addition to the number of
positions authorized by section 5108(a) of this title''.
1986 -- Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
1978 -- Subsecs. (b), (c). Pub. L. 95-454, 906(b), redesignated
subsec. (c) as (b). Former subsec. (b), which related to
classification of position held by an employee appointed under section
1104(a)(2) of this title, was struck out.
1974 -- Subsec. (c). Pub. L. 93-406 added subsec. (c). A prior
subsec. (c) was repealed by Pub. L. 91-34.
1969 -- Subsec. (c). Pub. L. 91-34 repealed subsec. (c) provisions
classifying positions on National Zoological Park police force
authorized pursuant to section 193n of title 40.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
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. 93-406 effective on 90th day after Sept. 2,
1974, see section 1051(d) of Pub. L. 93-406, set out as a note under
section 7802 of Title 26, Internal Revenue Code.
Amendment by Pub. L. 91-34 effective at beginning of first pay
period which commences on or after June 30, 1969, see section 3(a) of
Pub. L. 91-34, set out as an Effective Date note under section 5375 of
this title.
Rate of basic pay not to be reduced by reason of enactment of Pub.
L. 91-34, which amended this section, see section 3(b) of Pub. L.
91-34, set out as a note under section 5365 of this title.
05 USC 5110. Review of classification of positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) The Office of Personnel Management, from time to time, shall
review such number of positions in each agency as will enable the Office
to determine whether the agency is placing positions in classes and
grades in conformance with or consistently with published standards.
(b) When the Office finds under subsection (a) of this section that a
position is not placed in its proper class and grade in conformance with
published standards or that a position for which there is no published
standard is not placed in the class and grade consistently with
published standards, it shall, after consultation with appropriate
officials of the agency concerned, place the position in its appropriate
class and grade and shall certify this action to the agency. The agency
shall act in accordance with the certificate, and the certificate is
binding on all administrative, certifying, payroll, disbursing, and
accounting officials.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In subsection (b), the words ''to which this chapter applies'' are
omitted as unnecessary in view of section 5102. The words ''appropriate
officials'' and ''administrative, certifying, payroll, disbursing, and
accounting officials'' are substituted for ''appropriate officers and
employees'' and ''administrative, certifying, payroll, disbursing, and
accounting officers'', respectively, to preserve the application to
members of the uniformed services who are excluded from the definition
of ''officer'' and ''employee''.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' and ''Office'' for ''Civil Service Commission''
and ''Commission'', respectively.
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.
05 USC 5111. Revocation and restoration of authority to classify
positions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) When the Office of Personnel Management finds that an agency is
not placing positions in classes and grades in conformance with or
consistently with published standards, it may revoke or suspend the
authority granted to the agency by section 5107 of this title and
require that prior approval of the Office be secured before an action
placing a position in a class and grade becomes effective for payroll
and other personnel purposes. The Office may limit the revocation or
suspension to --
(1) the departmental or field service, or any part thereof;
(2) a geographic area;
(3) an organization unit or group of organization units;
(4) certain types of classification actions;
(5) classes in particular occupational groups or grades; or
(6) classes for which standards have not been published.
(b) After revocation or suspension, the Office may restore the
authority to the extent that it is satisfied that later actions placing
positions in classes and grades will be in conformance with or
consistent with published standards.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 455; Pub. L. 95-454, title
IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.)
In subsection (a), the words ''in whole or in part'' are omitted as
unnecessary in view of the specific authority to limit the revocation or
suspension. The words ''The Commission may limit the revocation or
suspension to'' are substituted for ''Such revocations or suspensions
may be limited, in the discretion of the Commission, to'' to eliminate
redundancy.
In subsection (b), the words ''After revocation or suspension'' are
substituted for ''After all or part of the authority of the department
has been revoked or suspended''. The words ''may restore'' are
substituted for ''may at any time restore'' to eliminate redundancy.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' and ''Office'' for ''Civil Service Commission''
and ''Commission'', respectively, wherever appearing.
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.
05 USC 5112. General authority of the Office of Personnel Management
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(a) Notwithstanding section 5107 of this title, the Office of
Personnel Management may --
(1) ascertain currently the facts as to the duties, responsibilities,
and qualification requirements of a position;
(2) place in an appropriate class and grade a newly created position
or a position coming initially under this chapter;
(3) decide whether a position is in its appropriate class and grade;
and
(4) change a position from one class or grade to another class or
grade when the facts warrant.
The Office shall certify to the agency concerned its action under
paragraph (2) or (4) of this subsection. The agency shall act in
accordance with the certificate, and the certificate is binding on all
administrative, certifying, payroll, disbursing, and accounting
officials.
(b) An employee affected or an agency may request at any time that
the Office exercise the authority granted to it by subsection (a) of
this section and the Office shall act on the request.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-454, title
IX, 906(a)(2), (3), (17), Oct. 13, 1978, 92 Stat. 1224, 1226.)
In subsection (a), the words ''which may be exercised at any time in
its discretion'' are omitted as redundant. The words ''is binding on
all administrative, certifying, payroll, disbursing, and accounting
officials'' are substituted for ''shall be binding on all
administrative, certifying, payroll, disbursing, and accounting officers
of the Government'' to preserve the application to members of the
uniformed services.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454, 906(a)(17), substituted ''Office of
Personnel Management'' for ''Civil Service Commission'' in section
catchline.
Subsecs. (a), (b). Pub. L. 95-454, 906(a)(2), (3), substituted
''Office of Personnel Management'' and ''Office'' for ''Civil Service
Commission'' and ''Commission'', respectively, wherever appearing.
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.
05 USC 5113. Classification records
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may --
(1) prescribe the form in which each agency shall record the duties
and responsibilities of positions and the places where these records
shall be maintained;
(2) examine these or other pertinent records of the agency; and
(3) interview employees of the agency who have knowledge of the
duties and responsibilities of positions and information as to the
reasons for placing a position in a class or grade.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95-454, title
IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
In paragraph (1), the words ''to which this chapter applies'' are
omitted as unnecessary in view of section 5102.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' for ''Civil Service Commission''.
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.
05 USC ( 5114. Repealed. Pub. L. 99-386, title I, 110(a), Aug. 22,
1986, 100 Stat. 822)
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 456; Pub. L.
95-454, title IX, 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224,
related to reports to Congress on positions in GS-16, 17, and 18.
05 USC 5115. Regulations
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
The Office of Personnel Management may prescribe regulations
necessary for the administration of this chapter, except sections 5109
and 5114. /1/
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 457; Pub. L. 95-454, title
IX, 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
Former sections 1072 and 1072a are combined and restated for clarity.
The remainder of the authority is carried into sections 3324, 5338, and
7154.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Section 5114, referred to in text, was repealed by Pub. L. 99-386,
title I, 110(a), Aug. 22, 1986, 100 Stat. 822.
1978 -- Pub. L. 95-454 substituted ''Office of Personnel
Management'' for ''Civil Service Commission''.
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.
/1/ See References in Text note below.
05 USC CHAPTER 53 -- PAY RATES AND SYSTEMS
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
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.
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.
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.
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.
5351. Definitions.
5352. Stipends.
5353. Quarters, subsistence, and laundry.
5354. Effect of detail or affiliation; travel expenses.
5355. Effect on other statutes.
5356. Appropriations.
5361. Definitions.
5362. Grade retention following a change of positions or
reclassification.
5363. Pay retention.
5364. Remedial actions.
5365. Regulations.
5366. Appeals.
5371. Health care positions.
5372. Administrative law judges.
5372a. Contract appeals board members.
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 repayment. /1/
5380. Pay authority for critical positions.
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.
Sec. /2/
5391. Definitions.
5392. Establishment of special occupational pay systems.
1990 -- Pub. L. 101-510, div. A, title XII, 1206(b)(2), (i)(2),
Nov. 5, 1990, 104 Stat. 1661, 1663, added items 5379 and 5380.
Pub. L. 101-509, title V, 529 (title I, 101(a)(2), 102(a)(2), 103(
b), 104(b), 105(a)(2), 109(a)(1)(B), title II, 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, 1(b), Apr. 4, 1990, 104 Stat. 125, inserted
''the'' before ''National'' in item 5375.
1979 -- Pub. L. 96-54, 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, 407(b), title VIII, 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, 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, 202(b)(6), Aug. 9, 1975, 89 Stat.
420, added item 5318.
1972 -- Pub. L. 92-392, 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, 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, 1(b), June 30, 1969, 83 Stat. 41, added item
5365.
1967 -- Pub. L. 90-206, title II, 223(b), Dec. 16, 1967, 81 Stat.
642, added item 5345.
770; title 20 section 3502; title 22 sections 2385,
3963, 4606; title 38 sections 7404, 7451; title 42
sections 5872, 7292.
/1/ So in original. Does not conform to section catchline.
/2/ So in original.
05 USC SUBCHAPTER I -- PAY COMPARABILITY SYSTEM
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
section 325; title 42 section 7211.
05 USC 5301. Policy
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 91-656, 2( a),
Jan. 8, 1971, 84 Stat. 1946; Pub. L. 96-465, title II, 2314(c)( 1),
Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101-509, title V, 529 (title I,
101(a)(1)), Nov. 5, 1990, 104 Stat. 1427, 1429.)
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.
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).
Section 529 (title III, 305) of Pub. L. 101-509 provided that:
''(a) Generally. -- Except as otherwise provided in this Act, this
Act and the amendments made by this Act (this Act means section 529
(titles I-III, 1-306) of Pub. L. 101-509, but does not include section
529 (title IV, 401-412) of Pub. L. 101-509, see Short Title of 1990
Amendment; Rules of Construction note below, and see Tables for
classification) shall take effect on such date as the President shall
determine (see Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, set out
below), but not earlier than 90 days, and not later than 180 days, after
the date of enactment of this Act (Nov. 5, 1990).
''(b) Special Rule. -- The first calendar year in which comparability
payments under section 5304 of title 5, United States Code (as amended
by this Act), are paid shall be the calendar year beginning on January
1, 1994.''
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.
Section 529 ( 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 (
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, 306) of Pub. L. 101-509 provided that:
''Notwithstanding section 1(b) (section 529 ( 1(b)) of Pub. L. 101-509,
set out above), a reference in any of the preceding provisions of this
title (section 529 (title III, 301-305) of Pub. L. 101-509, enacting
section 237 of Title 42, The Public Health and Welfare, amending section
212 of Title 42, and enacting provisions set out as notes under this
section, section 5304 of this title, and section 212 of Title 42) to
'this Act' (section 529 of Pub. L. 101-509) (other than a reference in
section 301) (section 529 (title III, 301) of Pub. L. 101-509, set out
below) shall not be considered to include any provision of title IV
(section 529 (title IV, 401-412) of Pub. L. 101-509, enacting sections
4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335,
and 8425 of this title, enacting provisions set out as notes under
sections 4521, 5305, 5541, and 8335 of this title, and amending
provisions set out as a note under section 5541 of this title).''
Section 1 of Pub. L. 91-656 provided that: ''This Act (enacting
sections 5305 to 5308 and 5947 of this title, amending sections 5108,
5301, 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'.''
Section 529 (title I, 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.''
Section 529 (title III, 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.''
Section 529 (title III, 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.''
Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, 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.
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.)
George Bush.
05 USC 5302. Definitions
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
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 73 of title 38, relating to the Veterans Health Services
and Research Administration;
(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 covered by the performance management
and recognition system, the rates of basic pay under chapter 54; and
(9) the term ''General Schedule position'' means any position to
which subchapter III applies (including any position under the
performance management and recognition system).
(Added Pub. L. 101-509, title V, 529 (title I, 101(a)(1)), Nov. 5,
1990, 104 Stat. 1427, 1429.)
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.
A prior section 5302, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458,
which provided for annual reports on pay comparability, was repealed by
Pub. L. 91-656, 2(b)(1), Jan. 8, 1971, 84 Stat. 1946.
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, 305) of Pub. L. 101-509, set out as
an Effective Date of 1990 Amendment note under section 5301 of this
title.
18 section 207.
05 USC 5303. Annual adjustments to pay schedules
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 90-206, title
II, 207, Dec. 16, 1967, 81 Stat. 631; Pub. L. 91-375, 6(c)(10), Aug.
12, 1970, 84 Stat. 776; Pub. L. 94-183, 2(16), Dec. 31, 1975, 89 Stat.
1057; Pub. L. 95-454, title IX, 906(a)(2), Oct. 13, 1978, 92 Stat.
1224; Pub. L. 96-465, title II, 2314(c)(2), Oct. 17, 1980, 94 Stat.
2167; Pub. L. 101-509, title V, 529 (title I, 101(a)(1)), Nov. 5, 1990,
104 Stat. 1427, 1430.)
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.
Level V of the Executive Schedule, referred to in subsec. (f), is
set out in section 5316 of this title.
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, 207(a), substituted ''maximum
pay rate'' for ''seventh pay rate''.
Subsec. (d). Pub. L. 90-206, 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.
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, 305) of Pub. L.
101-509, set out as a note under section 5301 of this title.
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of Title 22, Foreign Relations
and Intercourse.
Amendment by Pub. L. 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. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Amendment by Pub. L. 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.
For designation of agencies to perform functions of President under
subsec. (g) of this section, see Ex. Ord. No. 12748, 1, Feb. 1, 1991,
56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under section 5301
of this title.
Section 529 (title I, 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.''
Section 633 of Pub. L. 101-509 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, 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, 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).''
1990 -- Pub. L. 101-509, title VI, 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.''
1989 -- Pub. L. 101-194, title VII, 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, 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, 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, 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, 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, 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, 144(a), Oct. 18, 1986, 100 Stat. 1783-350,
and Pub. L. 99-591, 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, 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, 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, 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, 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, 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, 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 (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, 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.)
2 sections 31, 60a-1, 60a-1b, 60a-2,
60a-2a, 84a-1, 906; title 3 section 104; title 22
section 3963; title 28 section 461; title 31 section
325; title 42 section 254l.
05 USC 5304. Locality-based comparability payments
TITLE 5 -- GOVERNMENT ORGANIZATION AND EMPLOYEES
(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 paragraphs (4) and (5), the amount of the
comparability payments payable under this subsection in a calendar year
within any locality in which a comparative 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;
(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; /1/
(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 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 annual surveys that shall be conducted by the Bureau of
Labor Statistics;
(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