Notes on 5 U.S.C. § 5305 : US Code - Notes
Search Notes on 5 U.S.C. § 5305 : US Code - Notes
(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1946;
amended Pub. L. 94-82, title II, Sec. 202(c), Aug. 9, 1975, 89
Stat. 420; Pub. L. 101-509, title V, Sec. 529 [title I, Sec.
101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436; Pub. L. 108-411,
title III, Sec. 301(a)(2), Oct. 30, 2004, 118 Stat. 2313.)
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in subsecs.
(a)(1) and (g)(2), is set out in section 5315 of this title.
The provisions of this title governing appointment in the
competitive service, referred to in subsec. (a), are classified
generally to section 3301 et seq. of this title.
AMENDMENTS
2004 - Subsec. (a). Pub. L. 108-411, Sec. 301(a)(2)(A), added
subsec. (a) and struck out former subsec. (a) relating to the
President's authority to establish higher minimum rates of basic
pay for specified individuals where the Government's recruitment or
retention efforts are, or are likely to become, significantly
handicapped.
Subsec. (b)(4). Pub. L. 108-411, Sec. 301(a)(2)(B), added par.
(4) and struck out former par. (4) which read as follows: "any
other circumstances which the President (or an agency duly
authorized or designated by the President in accordance with the
last sentence of subsection (a)) considers appropriate."
Subsec. (d). Pub. L. 108-411, Sec. 301(a)(2)(C), substituted
"Office of Personnel Management" for "President" and "(or by such
other agency as the President may designate under the last sentence
of subsection (a)(1))" for "or by such agency as he may designate".
Subsec. (e). Pub. L. 108-411, Sec. 301(a)(2)(D), substituted
"rate of pay" for "rate of basic pay".
Subsec. (f). Pub. L. 108-411, Sec. 301(a)(2)(E), added subsec.
(f) and struck out former subsec. (f) which read as follows: "The
rate of basic pay established under this section and received by an
individual immediately before a statutory increase, which becomes
effective prior to, on, or after the date of enactment of the
statute, in the pay schedule applicable to such individual of any
pay system specified in subsection (c) of this section, shall be
initially adjusted, effective on the effective date of the
statutory increase, under conversion rules prescribed by the
President or by such agency as the President may designate."
Subsec. (g)(1). Pub. L. 108-411, Sec. 301(a)(2)(F), substituted
"pay" for "basic pay" and "Office of Personnel Management (or such
other agency as the President may under the last sentence of
subsection (a)(1) designate)" for "President (or his designated
agency)".
Subsec. (h). Pub. L. 108-411, Sec. 301(a)(2)(G), added subsec.
(h) and struck out former subsec. (h) which read as follows "The
rate of basic pay payable to an individual under this section may
not, at any time, be less than the rate which would then be payable
to such individual (taking comparability payments under section
5304 into account) if this section had never been enacted."
Subsecs. (i), (j). Pub. L. 108-411, Sec. 301(a)(2)(H), added
subsecs. (i) and (j).
1990 - Pub. L. 101-509 amended section generally, substituting
provisions authorizing President to make special pay increases
whenever recruitment or retention efforts are handicapped for
provisions requiring annual pay reports and adjustments,
authorizing alternative plan in years of emergency or when economic
conditions affect the general welfare, and setting forth procedure
where Congressional committee disapproves such alternative plan.
1975 - Subsec. (a)(3). Pub. L. 94-82, Sec. 202(c)(1), inserted
provision relating to specification in the report to the Congress
of the overall percentage of the adjustment in the rates of pay
under the General Schedule and under other statutory pay systems.
Subsec. (c)(1). Pub. L. 94-82, Sec. 202(c)(2), inserted provision
relating to specification in the report to the Congress of the
overall percentage of the adjustment in the rates of pay under the
General Schedule and under other statutory pay systems.
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108-411 effective on the first day of the
first applicable pay period beginning on or after the 180th day
after Oct. 30, 2004, with provision relating to conversion rules,
see section 301(d) of Pub. L. 108-411, set out as a note under
section 5363 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 [title
III, Sec. 305] of Pub. L. 101-509, set out as a note under section
5301 of this title.
DELEGATION OF FUNCTIONS
Functions of President under this section assigned to the
Director of the Office of Personnel Management by section 1 of Ex.
Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note
under section 4505a of this title.
STAFFING DIFFERENTIALS
Section 529 [title II, Sec. 209] of Pub. L. 101-509, as amended
by Pub. L. 102-378, Sec. 3(3), Oct. 2, 1992, 106 Stat. 1355,
provided that:
"(a) In General. - Effective on the first day of the first
applicable pay period beginning on or after January 1, 1991, the
President may establish staffing differentials equal to 5 percent
of basic pay, which may be paid to each General Schedule employee
whose position is in -
"(1) grade GS-5 or 7 of the General Schedule;
"(2) a 2-grade-interval occupational series, as determined by
the Office of Personnel Management; or
"(3) any combination of classes of positions described in
paragraph (1) or (2) for which the President determines a
recruiting difficulty exists.
"(b) Manner of Payment; Reduction or Elimination. - A staffing
differential under this section -
"(1) shall be paid in the same manner and at the same time as
the employee's basic pay is paid, but may not be considered to be
part of basic pay for any purpose; and
"(2) may be reduced or eliminated by the Office of Personnel
Management in its sole discretion as the amendments made by this
Act take effect [see Effective Date of 1990 Amendment and Short
Title of 1990 Amendment notes set out under section 5301 of this
title], except that no such reduction or elimination shall have
the effect of reducing the total amount of pay (determined by
adding basic pay and staffing differential) which any employee is
receiving."
[Authority of President under section 529 [title II, Sec. 209] of
Pub. L. 101-509, set out above, delegated to Office of Personnel
Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff.
May 4, 1991, set out as a note under section 5301 of this title.]
FEDERAL LAW ENFORCEMENT PAY REFORM
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 907(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-309, provided that: "Beginning
on the effective date of this Act [see section 1(a)(4) [div. B,
title IX, Sec. 909] of Pub. L. 106-554, set out in a Conversion to
New Salary Schedule note under section 3056A of Title 18, Crimes
and Criminal Procedure] -
"(1) no existing special salary rates shall be authorized for
members of the United States Park Police under section 5305 of
title 5, United States Code (or any previous similar provision of
law); and
"(2) no special rates of pay or special pay adjustments shall
be applicable to members of the United States Park Police
pursuant to section 405 of the Federal Law Enforcement Pay Reform
Act of 1990 [section 529 [title IV, Sec. 405] of Pub. L. 101-509,
set out in a note below]."
Section 529 [title IV, Secs. 401-407] of Pub. L. 101-509, as
amended by Pub. L. 102-378, Sec. 3(5)-(9), Oct. 2, 1992, 106 Stat.
1356; Pub. L. 103-123, title VI, Sec. 628, Oct. 28, 1993, 107 Stat.
1266; Pub. L. 103-178, title III, Sec. 303(a), Dec. 3, 1993, 107
Stat. 2034; Pub. L. 105-61, title I, Sec. 118(e), Oct. 10, 1997,
111 Stat. 1288; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX,
Sec. 907(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-309; Pub. L. 108-
411, title I, Sec. 101(b), title III, Sec. 301(b), Oct. 30, 2004,
118 Stat. 2309, 2317, provided that:
"SEC. 401. SHORT TITLE.
"This title [section 529 [title IV, Secs. 401-412] of Pub. L. 101-
509, enacting sections 4521 to 4523 of this title, amending
sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting
provisions set out as notes under this section and sections 4521,
5541, and 8335 of this title, and amending provisions set out as a
note under section 5541 of this title] may be cited as the 'Federal
Law Enforcement Pay Reform Act of 1990'.
"SEC. 402. DEFINITION.
"For the purposes of this title, except as otherwise provided,
the term 'law enforcement officer' means any law enforcement
officer within the meaning of section 5541(3) of title 5, United
States Code, with respect to whom the provisions of chapter 51 of
such title apply.
"SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.
"(a) Notwithstanding the procedures of section 5305 of title 5,
United States Code, as amended by section 101 of this Act, or
similar provision of law, higher minimum rates and corresponding
increases in all step rates of each designated General Schedule
grade shall be established for law enforcement officers in
accordance with the provisions of this section.
"(b)(1) Effective on the first day of the first applicable pay
period beginning on or after January 1, 1992, the higher minimum
rates to be established are as follows:
"GS-3 Step 4
"GS-4 Step 4
"GS-5 Step 4
"GS-6 Step 3
"GS-7 Step 3
"GS-8 Step 3
"GS-9 Step 2
"GS-10 Step 2
"(2) Effective on the first day of the first applicable pay
period beginning on or after January 1, 1993, the higher minimum
rates to be established are as follows:
"GS-3 Step 7
"GS-4 Step 7
"GS-5 Step 8
"GS-6 Step 6
"GS-7 Step 5
"GS-8 Step 3
"GS-9 Step 2
"GS-10 Step 2
"(c) The higher minimum rates and corresponding higher rates for
each step rate of each designated grade shall apply to every law
enforcement officer in the designated grades (except in the case of
any law enforcement officer for whom a higher rate is authorized
under section 5305 of title 5, United States Code, as amended by
section 101 of this Act, or similar provision of law) and shall be
basic pay for all purposes. The rates shall be adjusted at the time
of adjustments in the General Schedule to maintain the step linkage
set forth in subsection (b)(2).
"(d) Any interim entry-level adjustment under section 209 of this
Act [section 529 [title II, Sec. 209] of Pub. L. 101-509, set out
as a note above] which a law enforcement officer is receiving shall
be eliminated on the day before the effective date of the higher
minimum rates under subsection (b)(1).
"SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS
IN SELECTED CITIES.
"(a) A law enforcement officer shall be paid any applicable
special pay adjustment in accordance with the provisions of this
section, but such special pay adjustment shall be reduced by the
amount of any applicable interim geographic adjustment under
section 302 of this Act [section 529 [title III, Sec. 302] of Pub.
L. 101-509, set out as a note under section 5304 of this title],
any applicable locality-based comparability payment under section
5304 of title 5, United States Code, as amended by section 101 of
this Act, and, to the extent determined appropriate by the Office
of Personnel Management, any applicable special rate of pay under
section 5305 of such title, as so amended, or any similar provision
of law (other than section 403).
"(b)(1) Except as provided in subsection (a), effective on the
first day of the first applicable pay period beginning on or after
January 1, 1992, each law enforcement officer whose post of duty is
in one of the following areas shall receive an adjustment, which
shall be a percentage of the officer's rate of basic pay, as
follows:
"Area Differe
ntial
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Boston-Lawrence-Salem, MA-NH Consolidated 16%
Metropolitan Statistical Area
Chicago-Gary-Lake County, IL-IN-WI Consolidated 4%
Metropolitan Statistical Area
Los Angeles-Anaheim-Riverside, CA Consolidated 16%
Metropolitan Statistical Area
New York-Northern New Jersey-Long Island, NY-NJ-CT 16%
Consolidated Metropolitan Statistical Area
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD 4%
Consolidated Metropolitan Statistical Area
San Francisco-Oakland-San Jose, CA Consolidated 16%
Metropolitan Statistical Area
San Diego, CA Metropolitan Statistical Area 8%
Washington-Baltimore DC-MD-VA-WV Consolidated 4%
Metropolitan Statistical Area
--------------------------------------------------------------------
"(2) In the case of any area specified in paragraph (1) that
includes a portion, but not all, of a county, the Office of
Personnel Management may, at the request of the head of 1 or more
law enforcement agencies, extend the area specified in paragraph
(1) to include, for the purposes of this section, the entire
county, if the Office determines that such extension would be in
the interests of good personnel administration. Any such extension
shall be applicable to each law enforcement officer whose post of
duty is in the area of the extension.
"(c)(1) A special pay adjustment under this section shall be
administered, to the extent practicable, in the same manner as a
locality-based comparability payment under section 5304 of title 5,
United States Code, as amended by section 101 of this Act, and
shall be considered part of basic pay to the same degree as such a
locality-based comparability payment.
"(2) The Office of Personnel Management may prescribe such
regulations as it considers necessary concerning the payment of
special pay adjustments to law enforcement officers under this
section.
"SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.
"(a) The appropriate agency head (as defined in subsection (c))
shall prescribe regulations under which the purposes of sections
403, 404, and 407 shall be carried out with respect to individuals
holding positions described in subsection (b).
"(b) This subsection applies with respect to any -
"(1) special agent within the Diplomatic Security Service;
"(2) probation officer (referred to in section 3672 of title
18, United States Code); or
"(3) pretrial services officer (referred to in section 3153 of
title 18, United States Code).
"(c) For purposes of this section, the term 'appropriate agency
head' means -
"(1) with respect to any individual under subsection (b)(1),
the Secretary of State; or
"(2) with respect to any individual under subsection (b)(2) or
(b)(3), the Director of the Administrative Office of the United
States Courts.
"SEC. 406. FBI NEW YORK FIELD DIVISION.
"(a) The total pay of an employee of the Federal Bureau of
Investigation assigned to the New York Field Division before the
date of September 29, 1993, in a position covered by the
demonstration project conducted under section 601 of the
Intelligence Authorization Act for Fiscal Year 1989 (Public Law 100-
453) [102 Stat. 1911] shall not be reduced as a result of the
termination of the demonstration project during the period that
employee remains employed after that date in a position covered by
the demonstration project.
"(b) Beginning on September 30, 1993, any periodic payment under
section 601(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1989 [Pub. L. 100-453, 102 Stat. 1911] for any such employee
shall be reduced by the amount of any increase in basic pay under
title 5, United States Code, including the following provisions: an
annual adjustment under section 5303, locality-based comparability
payment under section 5304, initiation or increase in a special pay
rate under section 5305, promotion under section 5334, periodic
step increase under section 5335, merit increase under section
5404, or other increase to basic pay under any provision of law."
[Section 303(b) of Pub. L. 103-178 provided that: "The amendment
made by subsection (a) [amending section 529 [title IV, Sec. 406]
of Pub. L. 101-509, set out above] shall take effect as of
September 30, 1993, and shall apply to the pay of employees to whom
the amendment applies that is earned on or after that date."]
[For effective dates of amendments by section 3(5)-(9) of Pub. L.
102-378 to section 529 [title IV, Secs. 402, 403(d), 404(a), (b),
405(a)] of Pub. L. 101-509, set out above, see section 9(a),
(b)(6), (9) of Pub. L. 102-378, set out as an Effective Date of
1992 Amendment note under section 6303 of this title.]
REPORTING REQUIREMENT
Section 529 [title IV, Sec. 412] of Pub. L. 101-509 provided
that: "Not later than January 1, 1993, the Office of Personnel
Management, in consultation with Federal law enforcement agencies
and law enforcement employee groups, shall submit to Congress, in
writing, a plan to establish a separate pay and classification
system for law enforcement officers and specifications for
legislation to implement such plan."