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.
Editorial Notes
Amendments
1990—Pub. L. 101–509 amended section generally, substituting provisions relating to annual adjustments to pay schedules for provisions relating to President’s authority to set higher minimum rates of basic pay.
1980—Subsec. (a)(4). Pub. L. 96–465 substituted “section 403 of the Foreign Service Act of 1980” for “sections 867 and 870 of title 22”.
1978—Subsec. (a). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
1975—Subsec. (c). Pub. L. 94–183 struck out “and section 3552 of title 39” after “of section 5335(a) of this title”.
1970—Subsec. (a)(2). Pub. L. 91–375 repealed cl. (2) making positions paid under provisions of part III of title 39 relating to employees in the postal field service subject to higher minimum rates established by the President.
1967—Subsec. (a). Pub. L. 90–206, § 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.
Statutory Notes and Related Subsidiaries
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, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.
Pay Raises for Programs Funded by Energy and Water Development Appropriations Acts To Be Absorbed Within Such Acts
Pub. L. 102–377, title V, § 506, Oct. 2, 1992, 106 Stat. 1343, provided that:
“Such sums as may be necessary for Federal employee pay raises for programs funded by this Act or subsequent Energy and Water Development Appropriations Acts hereafter shall be absorbed within the levels appropriated in such Acts.”
Sense of Congress
Pub. L. 101–509, title V, § 529 [title I, § 101(e)], Nov. 5, 1990, 104 Stat. 1427, 1443, provided that:
“It is the sense of the
Congress that the total funds dedicated to adjustments under sections
5303 and
5304 [of this title] for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the
ECI been applied to pay rates for such year.”
Federal Employee Pay Adjustments—Vice President and Executive Schedule Positions
CY 2023—Pub. L. 117–328, div. E, title VII, § 747, Dec. 29, 2022, 136 Stat. 4716, provided that:
“(a)
Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2023 shall be the rate payable to the
Vice President on
December 31, 2022, by operation of section 747 of division E of
Public Law 117–103.
“(b)
Notwithstanding any official rate adjusted under
section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2023 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on
December 31, 2022, by operation of section 747 of division E of
Public Law 117–103. Such an employee may not receive a rate increase during calendar year 2023, except as provided in subsection (i).
“(d)
(1) This subsection applies to—
“(A)
a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or
“(B)
a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule.
“(2)
Notwithstanding sections
5382 and
5383 of title
5, United States Code, an employee described in paragraph (1) may not receive a pay rate increase during calendar year 2023, except as provided in subsection (i).
“(e)
Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any
locality based payments under
section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase during calendar year 2023, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if
chapter 51 of title 5, United States Code, applied to them.
“(f)
Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law.
“(g)
This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time as that election is in effect.
“(i)
Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on
December 31, 2022, by operation of section 747 of division E of
Public Law 117–103.
“(j)
Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on
December 31, 2022, by operation of section 747 of division E of
Public Law 117–103 [see table below].
“(k)
If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2023 but ends in calendar year 2024, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period.
“(l)
For the purpose of this section, the term ‘covered position’ means a position occupied by an employee whose pay is restricted under this section.
“(m)
This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2023.”
Additional adjustments were made in the following prior acts:
CY 2022—Pub. L. 117–103, div. E, title VII, § 747, Mar. 15, 2022, 136 Stat. 305.
CY 2021—Pub. L. 116–260, div. E, title VII, § 748, Dec. 27, 2020, 134 Stat. 1442.
CY 2020—Pub. L. 116–93, div. C, title VII, § 749, Dec. 20, 2019, 133 Stat. 2497.
CY 2019—Pub. L. 116–6, div. D, title VII, § 749, Feb. 15, 2019, 133 Stat. 199.
2018—Pub. L. 115–141, div. E, title VII, § 738, Mar. 23, 2018, 132 Stat. 597, provided that:
“(a)
The
Vice President may not receive a pay raise in calendar year 2018, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of law.
“(b)
An employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2018, notwithstanding schedule adjustments made under
section 5318 of title 5, United States Code, or any other provision of law, except as provided in subsection (g), (h), or (i). This subsection applies only to employees who are holding a position under a political appointment.
“(d) Notwithstanding sections 5382 and 5383 of title 5, United States Code, a pay rate increase may not be received in calendar year 2018 (except as provided in subsection (g), (h), or (i)) by—
“(1)
a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above level IV of the Executive Schedule [
5 U.S.C. 5315]; or
“(2)
a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above level IV of the Executive Schedule.
“(e)
Any employee paid a rate of basic pay (including any
locality-based payments under
section 5304 of title 5, United States Code, or similar authority) at or above level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase in calendar year 2018, notwithstanding any other provision of law, except as provided in subsection (g), (h), or (i). This subsection does not apply to employees in the General Schedule pay system [see
5 U.S.C. 5315 et seq.] or the Foreign Service pay system [see
22 U.S.C. 3961 et seq.], or to employees appointed under
section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if
chapter 51 of title 5, United States Code, applied to them.
“(f)
Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law.
“(g)
A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under
section 3392 of title 5, United States Code, is not subject to this section.
“(h)
A member of the Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the
Foreign Service Act of 1980 (
Public Law 96–465) [
22 U.S.C. 3942(b)] is not subject to this section.
“(i)
Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position with higher-level duties and a pre-established higher level or range of pay, except that any such increase must be based on the rates of pay and applicable pay limitations in effect on December 31, 2013.
“(j)
Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable pay limitations in effect on December 31, 2013.
“(k)
If an employee affected by subsections (b) through (e) is subject to a biweekly pay period that begins in calendar year 2018 but ends in calendar year 2019, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period.”
Similar provisions were contained in the following prior acts:
2017—Pub. L. 115–31, div. E, title VII, § 738, May 5, 2017, 131 Stat. 386.
2016—Pub. L. 114–113, div. E, title VII, § 738, Dec. 18, 2015, 129 Stat. 2482.
2015—Pub. L. 113–235, div. E, title VII, § 738, Dec. 16, 2014, 128 Stat. 2388.
2014—Pub. L. 113–76, div. E, title VII, § 741, Jan. 17, 2014, 128 Stat. 241.
2010—Pub. L. 111–242, § 147, as added by Pub. L. 111–322, title I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3518, as amended by Pub. L. 113–6, div. F, title I, § 1112(a), Mar. 26, 2013, 127 Stat. 414, provided that:
“(a) For the purposes of this section—
“(1) the term ‘employee’—
“(B)
includes an individual to whom subsection (b), (c), or (f) of such
section 2105 pertains (whether or not such individual satisfies subparagraph (A));
“(2) the term ‘senior executive’ means—
“(A)
a member of the Senior Executive Service under subchapter VIII of
chapter 53 of title 5, United States Code;
“(B)
a member of the FBI–DEA Senior Executive Service under subchapter III of
chapter 31 of title 5, United States Code;
“(D)
a member of any similar senior executive service in an Executive agency;
“(3)
the term ‘senior-level employee’ means an employee who holds a position in an Executive agency and who is covered by
section 5376 of title 5, United States Code, or any similar authority; and
“(4)
the term ‘Executive agency’ has the meaning given such term by
section 105 of title 5, United States Code.
“(b)
(1)
Notwithstanding any other provision of law, except as provided in subsection (e), no statutory pay adjustment which (but for this subsection) would otherwise take effect during the period beginning on January 1, 2011, and ending on December 31, 2013, shall be made.
“(2) For purposes of this subsection, the term ‘statutory pay adjustment’ means—
“(B)
any similar adjustment, required by statute, with respect to employees in an Executive agency.
“(c)
Notwithstanding any other provision of law, except as provided in subsection (e), during the period beginning on January 1, 2011, and ending on December 31, 2013, no senior executive or senior-level employee may receive an increase in his or her rate of basic pay absent a change of position that results in a substantial increase in responsibility, or a promotion.
“(d)
The President may issue guidance that Executive agencies shall apply in the implementation of this section.
[Pub. L. 112–175, § 114, Sept. 28, 2012, 126 Stat. 1316, which applied Mar. 27, 2013, as end date for moratorium on statutory pay adjustments and senior executive or senior-level executive pay increases under section 147 of Pub. L. 111–242 (set out above), was repealed by Pub. L. 113–6, div. F, title I, § 1112(b), Mar. 26, 2013, 127 Stat. 415.]
Adjustment in Rates of Pay of Employees
FY 2020—Pub. L. 116–93, div. C, title VII, § 748, Dec. 20, 2019, 133 Stat. 2496, provided that:
“(a)
The adjustment in rates of basic pay for employees under the
statutory pay systems that takes effect in fiscal year 2020 under
section 5303 of title 5, United States Code, shall be an increase of 2.6 percent, and the overall average percentage of the adjustments taking effect in such fiscal year under sections 5304 and 5304a of such title 5 shall be an increase of 0.5 percent (with
comparability payments to be determined and allocated among pay localities by the President). All adjustments under this subsection shall be effective as of the first day of the first applicable pay period beginning on or after
January 1, 2020.
“(b)
Notwithstanding section 737 [
Pub. L. 116–93,
5 U.S.C. 5343 note], the adjustment in rates of basic pay for the
statutory pay systems that take place in fiscal year 2020 under sections
5344 and
5348 of title
5, United States Code, shall be no less than the percentages in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section
5303,
5304, and
5304a of title
5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303, 5304, and 5304a of such title 5 and prevailing rate employees described in section 5343(a)(5) of such title 5 shall be considered to be located in the
pay locality designated as ‘Rest of U.S.’ pursuant to section 5304 of such title 5 for purposes of this subsection.
“(c)
Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2020.”
Additional adjustments were made in the following prior acts:
FY 2019—Pub. L. 116–6, div. D, title VII, § 748, Feb. 15, 2019, 133 Stat. 199.
FY 2010—Pub. L. 111–117, div. C, title VII, § 744, Dec. 16, 2009, 123 Stat. 3219.
FY 2009—Pub. L. 110–329, div. A, § 142, Sept. 30, 2008, 122 Stat. 3580, as amended by Pub. L. 111–8, div. D, title VII, § 738(a), Mar. 11, 2009, 123 Stat. 691.
FY 2008—Pub. L. 110–161, div. D, title VII, § 740, Dec. 26, 2007, 121 Stat. 2031.
FY 2006—Pub. L. 109–115, div. A, title VIII, § 843, Nov. 30, 2005, 119 Stat. 2506.
FY 2005—Pub. L. 108–447, div. H, title VI, § 640, Dec. 8, 2004, 118 Stat. 3282.
FY 2004—Pub. L. 108–199, div. F, title VI, § 640, Jan. 23, 2004, 118 Stat. 359.
FY 2003—Pub. L. 108–7, div. J, title VI, § 637, Feb. 20, 2003, 117 Stat. 472.
FY 2002—Pub. L. 107–67, title VI, § 646, Nov. 12, 2001, 115 Stat. 556.
FY 2001—Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 140], Dec. 21, 2000, 114 Stat. 2763, 2763A–235.
FY 2000—Pub. L. 106–58, title VI, § 646, Sept. 29, 1999, 113 Stat. 478.
FY 1999—Pub. L. 105–277, div. A, § 101(h) [title VI, § 647], Oct. 21, 1998, 112 Stat. 2681–480, 2681–527.
1996—Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 637], Sept. 30, 1996, 110 Stat. 3009–314, 3009–364, provided that:
“For purposes of each provision of law amended by section 704(a)(2) of the
Ethics Reform Act of 1989 [
Pub. L. 101–194] (
5 U.S.C. 5318 note), no adjustment under
section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1997 in the rates of basic pay for the
statutory pay systems.”
1995—Pub. L. 104–52, title VI, § 633, Nov. 19, 1995, 109 Stat. 507, provided that:
“For purposes of each provision of law amended by section 704(a)(2) of the
Ethics Reform Act of 1989 [
Pub. L. 101–194] (
5 U.S.C. 5318 note), no adjustment under
section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1996 in the rates of basic pay for the
statutory pay systems.”
FY 1995—Pub. L. 103–329, title VI, § 630(a), Sept. 30, 1994, 108 Stat. 2424.
1993—Pub. L. 103–123, title V, § 517B, Oct. 28, 1993, 107 Stat. 1253, provided that:
FY 1991—Pub. L. 101–509, title VI, § 618, Nov. 5, 1990, 104 Stat. 1475.
Other Provisions Relating to Adjustments in Rates of Pay
FY 1999—Pub. L. 105–277, div. A, § 101(h) [title VI, § 621], Oct. 21, 1998, 112 Stat. 2681–480, 2681–518, provided that:
“For purposes of each provision of law amended by section 704(a)(2) of the
Ethics Reform Act of 1989 [
Pub. L. 101–194] (
5 U.S.C. 5318 note), no adjustment under
section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1999 in the rates of basic pay for the
statutory pay systems.”
FY 1997—Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 637], Sept. 30, 1996, 110 Stat. 3009–314, 3009–364, provided that:
“For purposes of each provision of law amended by section 704(a)(2) of the
Ethics Reform Act of 1989 [
Pub. L. 101–194] (
5 U.S.C. 5318 note), no adjustment under
section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1997 in the rates of basic pay for the
statutory pay systems.”
FY 1996—Pub. L. 104–52, title VI, § 633, Nov. 19, 1995, 109 Stat. 507, provided that:
“For purposes of each provision of law amended by section 704(a)(2) of the
Ethics Reform Act of 1989 [
Pub. L. 101–194] (
5 U.S.C. 5318 note), no adjustment under
section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1996 in the rates of basic pay for the
statutory pay systems.”
FYs 1992–1994—Pub. L. 101–509, title VI, § 633, Nov. 5, 1990, 104 Stat. 633, provided that:
“(a) In General.—Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under section 5301 of this title] and any provision of law amended by such Act), for purposes of any adjustment scheduled to take effect under section 5303 of title 5, United States Code (as amended by section 101 [section 529 [title I, § 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).”
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. 902] 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—
“(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.”
FY 1990—Pub. L. 101–136, title VI, § 619, Nov. 3, 1989, 103 Stat. 820., provided that:
“(a)
“(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.”
Additional adjustments were made in the following prior acts:
FY 1989—Pub. L. 100–440, title VI, § 620, Sept. 22, 1988, 102 Stat. 1756.
FY 1988—Pub. L. 100–202, § 108, Dec. 22, 1987, 101 Stat. 1329–434.
FY 1988—Pub. L. 100–202, § 110(a), Dec. 22, 1987, 101 Stat. 1329–436.
FY 1987—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.
FYs 1986–1988—Pub. L. 99–272, title XV, § 15201(a), Apr. 7, 1986, 100 Stat. 332, provided that:
“(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.”
FY 1984—Pub. L. 98–270, title II, § 202(a), Apr. 18, 1984, 98 Stat. 158, provided that:
“(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.”
FY 1983—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,
“(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.”
FY 1982—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.”
FY 1979—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—
“(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—
“(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.”
Pub. L. 91–656, § 3(c), Jan. 8, 1971, 84 Stat. 1951, 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
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
Executive Documents
