5 U.S.C. § 5102 | Definitions; application

(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 Publishing 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 National Security Agency, Department of Defense;

(vii)

the Government Accountability Office;

(viii)

the Office of the Director of National Intelligence;

(ix)

the Defense Intelligence Agency, Department of Defense; or

(x)

the National Geospatial-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)

Pub. L. 91–375, § 6(c)(9)Aug. 12, 197084 Stat. 776 Repealed. , , ;]

(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 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)

section 5375 of this title section 5378 of this title members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service Uniformed Division; members of the police force of the National Zoological Park whose pay is fixed under ; and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under ;

(6)

1 See References in Text note below.

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)

section 305 of title 44 employees of the Government Publishing Office whose pay is fixed under ;

(10)

section 8544 of title 10 2

2 See Change of Name note below.

section 8543 of title 10 section 1746(b) of title 10 civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under section 1595, 7371, 8748, or 9371 of title 10; civilian professors, lecturers, and instructors at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 7438, 8452, and 9438, respectively, of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under ; the Provost and Academic Dean of the Naval Postgraduate School  whose pay is fixed under ; civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under ;

(11)

aliens or noncitizens of the United States who occupy positions outside the United States;

[(12)

Pub. L. 104–201, div. C, title XXXV, § 3548(a)(2)(B)Sept. 23, 1996110 Stat. 2868 Repealed. , , ;]

(13)

employees who serve without pay or at nominal rates of pay;

(14)

section 8474(c)(2) of this title section 7802 of title 38 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 ), 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 ;

(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)

section 3109 of this title experts or consultants, when employed temporarily or intermittently in accordance with ;

(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)

section 901 of title 20 “teachers” and “teaching positions” as defined by ;

(23)

administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;

(24)

section 23 of title 13 temporary positions in the Bureau of the Census established under , 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)

section 186 of title 14 civilian members of the faculty of the Coast Guard Academy whose pay is fixed under ;

(27)

section 167 of title 2 members of the police of the Library of Congress whose pay is fixed under ;

(28)

section 9414 of title 10 civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under ;

(29)

administrative law judges appointed under section 3105; or

(30)

members of agency boards of contract appeals appointed under section 7105(a)(2), (c)(2), or (d)(2) of title 41.

(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.

(e)

Except as may be specifically provided, this chapter does not apply for pay purposes to any employee of the government of the District of Columbia during fiscal year 2006 or any succeeding fiscal year.

Pub. L. 89–554Sept. 6, 196680 Stat. 444 Pub. L. 90–83, § 1(11)Sept. 11, 196781 Stat. 197 Pub. L. 90–610, § 2Oct. 21, 196882 Stat. 1201 Pub. L. 91–34, § 2(a)June 30, 196983 Stat. 41 Pub. L. 91–358, title I, § 172(f)July 29, 197084 Stat. 591 Pub. L. 91–375, § 6(c)(9)Aug. 12, 197084 Stat. 776 Pub. L. 93–176, § 1Dec. 5, 197387 Stat. 693 Pub. L. 94–183, § 2(12)Dec. 31, 197589 Stat. 1057 Pub. L. 95–454, title VIII, § 801(a)(3)(D)Oct. 13, 197892 Stat. 1221 Pub. L. 96–54, § 2(a)(22)Aug. 14, 197993 Stat. 382 Pub. L. 96–70, title III, § 3302(e)(1)Sept. 27, 197993 Stat. 498 Pub. L. 96–191, § 8(b)Feb. 15, 198094 Stat. 33 Pub. L. 96–465, title II, § 2314(b)Oct. 17, 198094 Stat. 2167 Pub. L. 97–468, title VI, § 615(b)(1)(C)Jan. 14, 198396 Stat. 2578 Pub. L. 98–618, title V, § 502(a)Nov. 8, 198498 Stat. 3302 Pub. L. 99–145, title V, § 504(b)Nov. 8, 198599 Stat. 622 Pub. L. 99–335, title II, § 207(n)June 6, 1986100 Stat. 598 Pub. L. 100–135, § 1(b)(2)Oct. 16, 1987101 Stat. 811 Pub. L. 101–189, div. A, title XI, § 1124(e)Nov. 29, 1989103 Stat. 1560 Pub. L. 101–474, § 5(h)Oct. 30, 1990104 Stat. 1100 Pub. L. 101–509, title V, § 529 [title I, §§ 101(b)(9)(F), 104(d)(1), 109(a)(2)]Nov. 5, 1990104 Stat. 1427 Pub. L. 101–510, div. A, title XII, § 1209(h)(2)Nov. 5, 1990104 Stat. 1667 Pub. L. 102–40, title IV, § 403(c)(1)May 7, 1991105 Stat. 240 Pub. L. 102–54, § 13(b)(1)June 13, 1991105 Stat. 274 Pub. L. 103–160, div. A, title V, § 533(c)Nov. 30, 1993107 Stat. 1658 Pub. L. 103–359, title V, § 501(g)Oct. 14, 1994108 Stat. 3429 Pub. L. 103–446, title XII, § 1203(b)Nov. 2, 1994108 Stat. 4689 Pub. L. 104–201, div. A, title XI, § 1122(a)(1)Sept. 23, 1996110 Stat. 2687 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(3)]Nov. 29, 1999113 Stat. 1536 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 108–375, div. A, title V, § 557(b)(5)Oct. 28, 2004118 Stat. 1916 Pub. L. 109–356, title III, § 303(b)Oct. 16, 2006120 Stat. 2040 Pub. L. 110–417Oct. 14, 2008122 Stat. 4575 Pub. L. 111–282, § 4(c)(1)Oct. 15, 2010124 Stat. 3043 Pub. L. 111–350, § 5(a)(8)Jan. 4, 2011124 Stat. 3841 Pub. L. 113–235, div. H, title I, § 1301(b)Dec. 16, 2014128 Stat. 2537 Pub. L. 114–113, div. M, title IV, § 402Dec. 18, 2015129 Stat. 2921 Pub. L. 115–232, div. A, title VIII, § 809(c)(1)Aug. 13, 2018132 Stat. 1841(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , (13), , ; , title IX, § 906(a)(2), , , 1224; , , ; , (6), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , 1441, 1447, 1451; , , ; , , ; , (2), , ; , title IX, § 923(b), , , 1731; , , ; , , ; , div. C, title XXXV, § 3548(a)(2), , , 2868; , , , 1501A–583; , , ; , , ; , , ; , [div. A], title IX, § 931(a)(1), , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)(1)	5 U.S.C. 1081(a).	Oct. 28, 1949, ch. 782, § 201(a), 63 Stat. 954.
	5 U.S.C. 1082(12)–(20), (32).	Oct. 28, 1949, ch. 782, § 202 (12)–(20), 63 Stat. 954.
		May 29, 1959, Pub. L. 86–36, § 1, 73 Stat. 63.
		Sept. 23, 1959, Pub. L. 86–370, § 6(a) (less (4)), 73 Stat. 652.
(a)(3)–(5)	5 U.S.C. 1091.	Oct. 28, 1949, ch. 782, § 301, 63 Stat. 957.
(b)	5 U.S.C. 1081(b).	Oct. 28, 1949, ch. 782, § 201(b), 63 Stat. 954.
(c)	5 U.S.C. 1082(1)–(6), (7) (less provisos), (8) (less last 31 words), (9)–(11), (21)–(31), (33)–(35).	Oct. 28, 1949, ch. 782, § 202 (1)–(6), (7) (less last 25 words), (8) (less last 31 words), (9)–(11), (21)–(31), 63 Stat. 954. Sept. 1, 1954, ch. 1208, § 105(a) “(7) (less provisos)”, 68 Stat. 1106.
		June 17, 1957, Pub. L. 85–56, § 2201(20), 71 Stat. 159.
		July 25, 1958, Pub. L. 85–550, § 16(a), (b)(1), 72 Stat. 411.
		Sept. 2, 1958, Pub. L. 85–857, § 13(o), 72 Stat. 1266.
		July 17, 1959, Pub. L. 86–91, § 3, 73 Stat. 213.
		Sept. 23, 1959, Pub. L. 86–370, § 6(a)(4), 73 Stat. 652.
		Sept. 13, 1960, Pub. L. 86–769, § 4, 74 Stat. 912.
(d)	5 U.S.C. 1084(b).	Oct. 28, 1949, ch. 782, § 204(b), 63 Stat. 957.

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.

Act of Sept. 26, 1950, ch. 1049, § 2(a)(2)64 Stat. 1038In subsection (a)(1)(vii), the words “Panama Canal Company” are substituted for “Panama Railroad Company” on authority of the , .

July 19, 1963Pub. L. 88–67 77 Stat. 81The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of , , .

70 Stat. 659The 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, , 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.

Act of July 10, 1955, ch. 137, § 805 69 Stat. 130Sept. 2, 1960Pub. L. 86–682, § 5 74 Stat. 705In 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 , , and the Act of , , .

section 1106 of the Act of Oct. 28, 1949 63 Stat. 972In 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 , , and technical section 7(b).

June 30, 1949In 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 ” 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”.

section 7044 of title 10 section 7043 of title 10 section 1071 of title 34 section 1074 of title 34 Act of Aug. 10, 1956, ch. 1041, § 49(b)70A Stat. 640In subsection (c)(10), the words “sections 6952 and 7478 of title 10”, “”, and “” are substituted for the references in former section 1082(10) to “”, “sections 1076–1076f of title 34”, and “”, respectively, on authority of the , .

In subsection (c)(11), the words “the United States” are substituted for “the several States and the District of Columbia”.

section 4202 of title 38 section 4202 of title 38In 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 ” are substituted for the reference in former section 1082(23) to “positions which are exempt from this chapter, pursuant to ”.

section 4114 of title 38 section 4114(b) of title 38In subsection (c)(16), the reference to “” is substituted for the reference in former section 1082(25) to “” to reflect the pay fixing authority contained in subsection (a)(1) of section 4114.

section 901 of title 20 section 901 of title 20In subsection (c)(22), the words “as defined by ” 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 603 of the Act of Oct. 11, 1962 Pub. L. 87–793 76 Stat. 847In subsection (c)(25), the word “schedule” is omitted since , , , 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.

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
5102(c)(26)	5 App.: 1082(36).	June 9, 1966, Pub. L. 89–444, § 4, 80 Stat. 198.

5 U.S.C. 5102(c)(15)The amendment to is made to correct a typographical error.

5 U.S.C. 5102(c)(26)Public Law 89–444The amendment to reflects , section 4.

Editorial Notes

References in Text

section 5332 of this titleThe General Schedule, referred to in subsec. (a)(5), is set out under .

Pub. L. 96–465Oct. 17, 198094 Stat. 2071 section 3901 of Title 22The Foreign Service Act of 1980, referred to in subsec. (c)(2), is , , , 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 and Tables.

Section 432 of title 14 section 2531 of title 14 Pub. L. 115–282, title I, § 114(b)Dec. 4, 2018132 Stat. 4223 section 432 of title 14 section 123(b)(1) of Pub. L. 115–282 Pub. L. 115–282 section 101 of Title 14, referred to in subsec. (c)(6), was redesignated by , , , and references to deemed to refer to such redesignated section, see , set out as a References to Sections of Title 14 as Redesignated by note preceding , Coast Guard.

section 5316 of this titleLevel V of the Executive Schedule, referred to in subsec. (c)(25), is set out in .

Amendments

Pub. L. 115–232, § 809(c)(1)(A)section 8544 of title 10 section 7044 of title 10 section 8543 of title 10 section 7043 of title 102018—Subsec. (c)(10). , substituted “section 1595, 7371, 8748, or 9371 of title 10” for “section 1595, 4021, 7478, or 9021 of title 10”, “sections 7438, 8452, and 9438, respectively, of title 10” for “sections 4338, 6952, and 9338, respectively, of title 10”, “” for “”, and “” for “”.

Pub. L. 115–232, § 809(c)(1)(B)section 9414 of title 10 section 9314 of title 10Subsec. (c)(28). , substituted “” for “”.

Pub. L. 114–1132015—Subsec. (a)(1)(vii), (viii), (x). struck out “or” at end of cl. (vii), added cl. (viii), and substituted semicolon for period at end of cl. (x).

Pub. L. 111–3502011—Subsec. (c)(30). substituted “section 7105(a)(2), (c)(2), or (d)(2) of title 41” for “section 8 of the Contract Disputes Act of 1978”.

Pub. L. 111–2822010—Subsec. (c)(5). substituted “the United States Secret Service Uniformed Division” for “the Executive Protective Service”.

Pub. L. 110–4172008—Subsec. (a)(1)(x). substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Pub. L. 109–3562006—Subsec. (e). added subsec. (e).

Pub. L. 108–2712004—Subsec. (a)(1)(vii). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 108–375, § 557(b)(5)(B)Subsec. (b). , which directed amendment of subsec. (b) by substituting “Provost and Academic Dean” for “Academic Dean”, could not be executed because the words “Academic Dean” did not appear.

Pub. L. 108–375, § 557(b)(5)(A)Subsec. (c)(10). , substituted “Provost and Academic Dean of the Naval Postgraduate School” for “Academic Dean of the Postgraduate School of the Naval Academy”.

Pub. L. 106–1131999—Subsec. (c)(23). amended par. (23) generally. Prior to amendment, par. (23) read as follows: “examiners-in-chief and designated examiners-in-chief in the Patent and Trademark Office, Department of Commerce;”.

Pub. L. 104–201, § 3548(a)(2)(A)1996—Subsec. (a)(1)(vi), (vii). , redesignated cls. (vii) and (viii) as (vi) and (vii), respectively, and struck out former cl. (vi) which read as follows: “the Panama Canal Commission;”.

Pub. L. 104–201, § 3548(a)(2)(A)(ii)Subsec. (a)(1)(viii). , which directed redesignation of cl. (ix) as (viii) could not be executed because subsec. (a)(1) did not contain a cl. (ix). See 1983 Amendment note below. Former cl. (viii) redesignated (vii).

Pub. L. 104–201, § 3548(a)(2)(A)(ii)Subsec. (a)(1)(ix), (x). , redesignated cls. (x) and (xi) as (ix) and (x), respectively.

Pub. L. 104–201, § 3548(a)(2)(A)(ii)Subsec. (a)(1)(xi). , redesignated cl. (xi) as (x).

Pub. L. 104–201, § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

Pub. L. 104–201, § 3548(a)(2)(B)Subsec. (c)(12). , struck out par. (12) which read as follows: “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;”.

Pub. L. 103–3591994—Subsec. (a)(1)(ix) to (xi). directed the amendment of cl. (ix) by striking “or” at end which could not be executed because par. (1) does not contain a cl. (ix), directed the substitution of “; or” for period at end of cl. (x) which was executed by inserting “or” at end of cl. (x) to reflect the probable intent of Congress because a semicolon already exists at end of cl. (x), and added cl. (xi).

Pub. L. 103–446Subsec. (c)(3). struck out comma after “Department of Veterans Affairs”.

Pub. L. 103–160, § 923(b)1993—Subsec. (c)(10). , inserted “(and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director)” after “professional military education school”.

Pub. L. 103–160, § 533(c)section 6952 of title 10, substituted “at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 4338, 6952, and 9338, respectively, of title 10” for “at the Naval Academy whose pay is fixed under ”.

Pub. L. 102–54, § 13(b)(2)1991—Subsec. (c)(3). , substituted “Veterans Health Administration of the Department of Veterans Affairs” for “Department of Medicine and Surgery, Veterans’ Administration”.

Pub. L. 102–54, § 13(b)(1)Subsec. (c)(14). , substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Pub. L. 102–40, § 403(c)(1)(A)section 7802 of title 38 section 4202 of title 38, substituted “” for “”.

Pub. L. 102–40, § 403(c)(1)(B)Subsec. (c)(16). , substituted “sections 7405 and 7406” for “section 4114”.

Pub. L. 101–4741990—Subsec. (a)(1). 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”.

Pub. L. 101–509, § 529 [title I, § 109(a)(2)]section 5378 of this titleSubsec. (c)(5). , 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 ;”.

Pub. L. 101–510 section 1746(b) of title 10Subsec. (c)(10). 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 ;”.

Pub. L. 101–509, § 529 [title I, § 101(b)(9)(F)]Subsec. (c)(25). , substituted “rate for level V of the Executive Schedule” for “maximum rate for GS–18”.

Pub. L. 101–509, § 529 [title I, § 104(d)(1)]Subsec. (c)(29), (30). , added pars. (29) and (30).

Pub. L. 101–1891989—Subsec. (c)(10). 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”.

Pub. L. 100–1351987—Subsec. (c)(27). substituted “police” for “special police force”.

Pub. L. 99–335 section 8474(c)(2) of this title1986—Subsec. (c)(14). inserted “(other than employees of the Federal Retirement Thrift Investment System appointed under )”.

Pub. L. 99–1451985—Subsec. (c)(28). added par. (28).

Pub. L. 98–6181984—Subsec. (a)(1)(viii) to (x). struck out “or” at end of cl. (viii), inserted “or” at end of cl. (ix), and added cl. (x).

Pub. L. 97–468Jan. 5, 19851983—Subsec. (a)(1)(iii) to (ix). , eff. , struck out cl. (iii) which excluded the Alaska Railroad and redesignated cls. (iv) to (ix) as (iii) to (viii), respectively. See Effective Date of 1983 Amendment note below.

Pub. L. 96–1911980—Subsec. (a)(1)(ix). added cl. (ix).

Pub. L. 96–465Subsec. (c)(2). 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”.

Pub. L. 96–70, § 3302(e)(1)1979—Subsec. (a)(1)(vii). , substituted “Commission” for “Company”.

Pub. L. 96–70, § 3302(e)(6)Subsec. (c)(12). , 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.

Pub. L. 96–54Subsec. (c)(23). inserted “and Trademark” after “Patent”.

Pub. L. 95–454, § 801(a)(3)(D)1978—Subsec. (c)(5). , substituted “5375” for “5365”.

Pub. L. 95–454, § 906(a)(2)Subsec. (c)(12)(B). , substituted “Office of Personnel Management” for “Civil Service Commission”.

Pub. L. 94–183, § 2(12)1975—Subsec. (c)(5). , substituted “Executive Protective Service” for “White House Police”.

Pub. L. 94–183, § 2(13)Subsec. (c)(9). , substituted “305” for “40”.

Pub. L. 93–1761973—Subsec. (b). extended this chapter to include positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.

Pub. L. 91–3751970—Subsec. (c)(1). repealed provision declaring this chapter inapplicable to employees in the postal field service whose pay is fixed under chapter 45 of title 39.

Pub. L. 91–358Subsec. (c)(4). 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.

Pub. L. 91–34 section 5365 of this title1969—Subsec. (c)(5). extended provisions to include members of the National Zoological Park police force whose pay is fixed under .

Pub. L. 90–6101968—Subsec. (c). inserted par. (27).

Statutory Notes and Related Subsidiaries

Change of Name

section 8543 of Title 10 Pub. L. 117–263, div. A, title V, § 554(a)(1)(A)Dec. 23, 2022136 Stat. 2594Position of Provost and Academic Dean of the Naval Postgraduate School now known as Provost and Chief Academic Officer. See , Armed Forces, as amended by , (2)(A), , .

section 1301(b) of Pub. L. 113–235 section 301 of Title 44“Government Publishing Office” substituted for “Government Printing Office” in subsecs. (a)(1)(D) and (c)(9) on authority of , set out as a note preceding , Public Printing and Documents.

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of Title 10Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding , Armed Forces.

Effective Date of 2010 Amendment

Pub. L. 111–282, § 5Oct. 15, 2010124 Stat. 3044

section 10201 of this title section 3056A of Title 18Oct. 15, 2010“This Act [enacting chapter 102 of this title, amending this section and sections 5541, 6304, and 6324 of this title, enacting provisions set out as notes under , and amending provisions set out as notes under , Crimes and Criminal Procedure] and the amendments made by this Act shall take effect on the first day of the first pay period which begins after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–113Nov. 29, 1999Pub. L. 106–113 section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

Effective Date of 1996 Amendment

section 1122(a)(1) of Pub. L. 104–201Oct. 1, 1996section 1124 of Pub. L. 104–201 section 193 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.

Effective Date of 1990 Amendment

Pub. L. 101–509Nov. 5, 1990Pub. L. 101–509 section 5301 of this titleAmendment by section 529 [title I, §§ 101(b)(9)(F), 104(d)(1)] of effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .

Pub. L. 101–509Nov. 5, 1990Pub. L. 101–509 section 5378 of this titleAmendment by section 529 [title I, § 109(a)(2)] of effective on first day of first applicable pay period beginning on or after the 30th day following , see section 529 [title I, § 109(c)] of , set out as an Effective Date note under .

Effective Date of 1987 Amendment

Pub. L. 100–135, § 3Oct. 16, 1987101 Stat. 812

September 30, 1987September 30, 1990“The amendments made by section 1 [amending this section and sections 167 and 167h of Title 2, The Congress] shall apply with respect to pay periods beginning after , except that any pay increase for employees of the Library of Congress, pursuant to the amendments made by such section, shall be subject to appropriation and shall be implemented in four approximately equal annual increments, so that pay parity with the Capitol Police occurs beginning with the first pay period beginning after .”

, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–335Jan. 1, 1987section 702(a) of Pub. L. 99–335 section 8401 of this titleAmendment by effective , see , set out as an Effective Date note under .

Effective Date of 1983 Amendment

Pub. L. 97–468Jan. 5, 1985section 1203 of Title 45 section 615(b) of Pub. L. 97–468Amendment by effective on date of transfer of Alaska Railroad to the State [], pursuant to , Railroads, see .

Effective Date of 1980 Amendments

Pub. L. 96–465Feb. 15, 1981section 2403 of Pub. L. 96–465 section 3901 of Title 22Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Pub. L. 96–191Oct. 1, 1980section 10(a) of Pub. L. 96–191Amendment by effective , see .

Effective Date of 1979 Amendments

Pub. L. 96–70Oct. 1, 1979section 3304 of Pub. L. 96–70 section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Pub. L. 96–54July 12, 1979section 2(b) of Pub. L. 96–54 section 305 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

section 801(a)(3)(D) of Pub. L. 95–454Oct. 13, 1978section 801(a)(4) of Pub. L. 95–454 section 5361 of this titleAmendment by effective on first day of first applicable pay period beginning on or after 90th day after , see , set out as an Effective Date note under .

section 906(2)(2) of Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date of 1973 Amendment

Pub. L. 93–176Dec. 5, 1973section 4 of Pub. L. 93–176 section 3809 of Title 50Amendment by effective not later than beginning of first pay period which begins on or after 90th day following , see , set out as a note under , War and National Defense.

Effective Date of 1970 Amendments

Pub. L. 91–375Aug. 12, 1970section 15(a) of Pub. L. 91–375 section 101 of Title 39Amendment by effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see , set out as an Effective Date note preceding , Postal Service.

Pub. L. 91–358July 29, 1970section 199(a) of Pub. L. 91–358 section 1257 of Title 28Amendment by effective first day of seventh calendar month which begins after , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1969 Amendment

Pub. L. 91–34June 30, 1969section 3(a) of Pub. L. 91–34 section 5375 of this titleAmendment by effective at beginning of first pay period which commences on or after , see , set out as an Effective Date note under .

Effective Date of 1968 Amendment

Pub. L. 90–610, § 3Oct. 21, 196882 Stat. 1201

section 167 of Title 2Oct. 21, 1968“The amendments made by this Act [amending this section and , The Congress] shall take effect on the first day of the first pay period which begins on or after the date of enactment of this Act []. Notwithstanding any provisions of this Act, no rate of basic pay shall be reduced by reason of the enactment of this Act.”

, , , provided that:

Effective Date of 1967 Amendment

Pub. L. 90–83, § 9(h)Sept. 11, 196781 Stat. 222

section 1305 of this title section 3324 of this title section 5108 of this title section 5534a of this title section 8344 of this title section 8521 of this title section 902 of this title section 903 of this title section 8113 of this titleSeptember 6, 1966“Section 1(3) [amending ], (10) [amending ], (11) [amending this section], (12) [amending ], (22) [enacting ], (23) [amending the analysis for chapter 55 of this title], (83)(a) and (d) [amending ], (89) [amending ], (98) [amending ], (99) [amending ], and (100) [amending ] of this Act is effective as of , for all purposes.”

, , , provided that:

Repeals

Pub. L. 92–392 section 13 of Pub. L. 92–392Aug. 19, 197286 Stat. 575 section 5341 of this titleGeneral repealer of provisions inconsistent with as not repealing or affecting subsec. (d) of this section, see , , , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

November 25, 2002section 542 of Title 6For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Abolition of Atomic Energy Commission

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 those sections.

Dissolution of Virgin Islands Corporation

June 30, 1969act June 30, 1949, ch. 285 63 Stat. 350 48 U.S.C. 1407June 30, 1965July 1, 1966June 30, 1949Pub. L. 97–357, title III, § 308(e)Oct. 19, 198296 Stat. 1710Virgin Islands Corporation established to have succession until , unless sooner dissolved by Act of Congress, by , , as amended ( et seq.). Corporation terminated its program , and dissolved . Act , was repealed by , , .

November 8, 1985Civilian Members of Faculty of Air Force Institute of Technology on

Pub. L. 99–145, title V, § 504(c)Nov. 8, 198599 Stat. 622 Pub. L. 115–232, div. A, title VIII, § 809(c)(2)Aug. 13, 2018132 Stat. 1841

Section 9414(b)(2) of title 10 section 5102(c)(28) of title 5Nov. 8, 1985“, United States Code (as added by subsection (a)(1)(B)), and , United States Code (as added by subsection (b)), shall not apply to any person who on the date of the enactment of this Act []—

“(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.”

, , , as amended by , , , provided that:

Prohibition of Decrease in Basic Pay Rate of Subsec. (c)(7), (8), or (14) Employees

Pub. L. 92–392 section 9(a)(2) of Pub. L. 92–392Aug. 19, 197286 Stat. 574 section 5343 of this titleAmendments by 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 , , , set out as a note under .

Reduction of Basic Pay Rate

Pub. L. 91–34 section 3(b) of Pub. L. 91–34 section 5365 of this titleRate of basic pay not to be reduced by reason of the enactment of , which amended this section, see , set out as a note under .