
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5102]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                       CHAPTER 51--CLASSIFICATION
 
Sec. 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 Printing Office;
            (E) the Office of the Architect of the Capitol; and
            (F) the government of the District of Columbia;

    but does not include--
            (i) a Government controlled corporation;
            (ii) the Tennessee Valley Authority;
            (iii) the Virgin Islands Corporation;
            (iv) the Atomic Energy Commission;
            (v) the Central Intelligence Agency;
            (vi) the National Security Agency, Department of Defense;
            (vii) the General Accounting Office; or \1\
---------------------------------------------------------------------------
    \1\ So in original. The word ``or'' probably should not appear.
---------------------------------------------------------------------------
            (ix) \2\ the Defense Intelligence Agency, Department of 
        Defense; or
---------------------------------------------------------------------------
    \2\ So in original. Subsec. (a)(1) does not contain a cl. (viii).
---------------------------------------------------------------------------
            (x) the National Imagery and Mapping Agency, Department of 
        Defense.\3\
---------------------------------------------------------------------------
    \3\ So in original. The period probably should be a semicolon.

        (2) ``employee'' means an individual employed in or under an 
    agency;
        (3) ``position'' means the work, consisting of the duties and 
    responsibilities, assignable to an employee;
        (4) ``class'' or ``class of positions'' includes all positions 
    which are sufficiently similar, as to--
            (A) kind or subject-matter of work;
            (B) level of difficulty and responsibility; and
            (C) the qualification requirements of the work;

    to warrant similar treatment in personnel and pay administration; 
    and
        (5) ``grade'' includes all classes of positions which, although 
    different with respect to kind or subject-matter of work, are 
    sufficiently equivalent as to--
            (A) level of difficulty and responsibility; and
            (B) level of qualification requirements of the work;

    to warrant their inclusion within one range of rates of basic pay in 
    the General Schedule.

    (b) Except as provided by subsections (c) and (d) of this section, 
this chapter applies to all civilian positions and employees in or under 
an agency, including positions in local boards and appeal boards within 
the Selective Service System and employees occupying those positions.
    (c) This chapter does not apply to--
        [ (1) Repealed. Pub. L. 91-375, Sec. 6(c)(9), Aug. 12, 1970, 84 
    Stat. 776;]
        (2) members of the Foreign Service whose pay is fixed under the 
    Foreign Service Act of 1980; and positions in or under the 
    Department of State which are--
            (A) connected with the representation of the United States 
        to international organizations; or
            (B) specifically exempted by statute from this chapter or 
        other classification or pay statute;

        (3) physicians, dentists, nurses, and other employees in the 
    Veterans Health Administration of the Department of Veterans Affairs 
    whose pay is fixed under chapter 73 of title 38;
        (4) teachers, school officials, and employees of the Board of 
    Education of the District of Columbia whose pay is fixed under 
    chapter 15 of title 31, District of Columbia Code; the chief judges 
    and the associate judges of the Superior Court of the District of 
    Columbia and the District of Columbia Court of Appeals; and 
    nonjudicial employees of the District of Columbia court system whose 
    pay is fixed under title 11 of the District of Columbia Code;
        (5) members of the Metropolitan Police, the Fire Department of 
    the District of Columbia, the United States Park Police, and the 
    Executive Protective Service; members of the police force of the 
    National Zoological Park whose pay is fixed under section 5375 of 
    this title; and members of the police forces of the Bureau of 
    Engraving and Printing and the United States Mint whose pay is fixed 
    under section 5378 of this title;
        (6) lighthouse keepers and civilian employees on lightships and 
    vessels of the Coast Guard whose pay is fixed under section 432(f) 
    and (g) of title 14;
        (7) employees in recognized trades or crafts, or other skilled 
    mechanical crafts, or in unskilled, semiskilled, or skilled manual-
    labor occupations, and other employees including foremen and 
    supervisors in positions having trade, craft, or laboring experience 
    and knowledge as the paramount requirement, and employees in the 
    Bureau of Engraving and Printing whose duties are to perform or to 
    direct manual or machine operations requiring special skill or 
    experience, or to perform or direct the counting, examining, 
    sorting, or other verification of the product of manual or machine 
    operations;
        (8) officers and members of crews of vessels;
        (9) employees of the Government Printing Office whose pay is 
    fixed under section 305 of title 44;
        (10) civilian professors, instructors, and lecturers at a 
    professional military education school (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, 4021, 7478, or 9021 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 
    4338, 6952, and 9338, respectively, of title 10; senior professors, 
    professors, associate and assistant professors, and instructors at 
    the Naval Postgraduate School whose pay is fixed under section 7044 
    of title 10; the Academic Dean of the Postgraduate School of the 
    Naval Academy whose pay is fixed under section 7043 of title 10; 
    civilian professors, instructors, and lecturers in the defense 
    acquisition university structure (including the Defense Systems 
    Management College) whose pay is fixed under section 1746(b) of 
    title 10;
        (11) aliens or noncitizens of the United States who occupy 
    positions outside the United States;
        [(12) Repealed. Pub. L. 104-201, div. C, title XXXV, 
    Sec. 3548(a)(2)(B), Sept. 23, 1996, 110 Stat. 3868;]
        (13) employees who serve without pay or at nominal rates of pay;
        (14) employees whose pay is not wholly from appropriated funds 
    of the United States (other than employees of the Federal Retirement 
    Thrift Investment Management System appointed under section 
    8474(c)(2) of this title), except that with respect to the Veterans' 
    Canteen Service, Department of Veterans Affairs this paragraph 
    applies only to employees necessary for the transaction of the 
    business of the Service at canteens, warehouses, and storage depots 
    whose employment is authorized by section 7802 of title 38;
        (15) employees whose pay is fixed under a cooperative agreement 
    between the United States and--
            (A) a State or territory or possession of the United States, 
        or political subdivision thereof; or
            (B) an individual or organization outside the service of the 
        Government of the United States;

        (16) student nurses, medical or dental interns, residents-in-
    training, student dietitians, student physical therapists, student 
    occupational therapists, and other student employees, assigned or 
    attached to a hospital, clinic, or laboratory primarily for training 
    purposes, whose pay is fixed under subchapter V of chapter 53 of 
    this title or sections 7405 and 7406 of title 38;
        (17) inmates, patients, or beneficiaries receiving care or 
    treatment or living in Government agencies or institutions;
        (18) experts or consultants, when employed temporarily or 
    intermittently in accordance with section 3109 of this title;
        (19) emergency or seasonal employees whose employment is of 
    uncertain or purely temporary duration, or who are employed for 
    brief periods at intervals;
        (20) employees employed on a fee, contract, or piece work basis;
        (21) employees who may lawfully perform their duties 
    concurrently with their private profession, business, or other 
    employment, and whose duties require only a portion of their time, 
    when it is impracticable to ascertain or anticipate the proportion 
    of time devoted to the service of the Government of the United 
    States;
        (22) ``teachers'' and ``teaching positions'' as defined by 
    section 901 of title 20;
        (23) administrative patent judges and designated administrative 
    patent judges in the United States Patent and Trademark Office;
        (24) temporary positions in the Bureau of the Census established 
    under section 23 of title 13, and enumerator positions in the Bureau 
    of the Census;
        (25) positions for which rates of basic pay are individually 
    fixed, or expressly authorized to be fixed, by other statute, at or 
    in excess of the rate for level V of the Executive Schedule;
        (26) civilian members of the faculty of the Coast Guard Academy 
    whose pay is fixed under section 186 of title 14;
        (27) members of the police of the Library of Congress whose pay 
    is fixed under section 167 of title 2;
        (28) civilian members of the faculty of the Air Force Institute 
    of Technology whose pay is fixed under section 9314 of title 10;
        (29) administrative law judges appointed under section 3105; or
        (30) members of agency boards of contract appeals appointed 
    under section 8 of the Contract Disputes Act of 1978.

    (d) This chapter does not apply to an employee of the Office of the 
Architect of the Capitol whose pay is fixed by other statute. Subsection 
(c) of this section, except paragraph (7), does not apply to the Office 
of the Architect of the Capitol.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 444; Pub. L. 90-83, Sec. 1(11), 
Sept. 11, 1967, 81 Stat. 197; Pub. L. 90-610, Sec. 2, Oct. 21, 1968, 82 
Stat. 1201; Pub. L. 91-34, Sec. 2(a), June 30, 1969, 83 Stat. 41; Pub. 
L. 91-358, title I, Sec. 172(f), July 29, 1970, 84 Stat. 591; Pub. L. 
91-375, Sec. 6(c)(9), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-176, 
Sec. 1, Dec. 5, 1973, 87 Stat. 693; Pub. L. 94-183, Sec. 2(12), (13), 
Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title VIII, 
Sec. 801(a)(3)(D), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 
1221, 1224; Pub. L. 96-54, Sec. 2(a)(22), Aug. 14, 1979, 93 Stat. 382; 
Pub. L. 96-70, title III, Sec. 3302(e)(1), (6), Sept. 27, 1979, 93 Stat. 
498; Pub. L. 96-191, Sec. 8(b), Feb. 15, 1980, 94 Stat. 33; Pub. L. 96-
465, title II, Sec. 2314(b), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 97-
468, title VI, Sec. 615(b)(1)(C), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 
98-618, title V, Sec. 502(a), Nov. 8, 1984, 98 Stat. 3302; Pub. L. 99-
145, title V, Sec. 504(b), Nov. 8, 1985, 99 Stat. 622; Pub. L. 99-335, 
title II, Sec. 207(n), June 6, 1986, 100 Stat. 598; Pub. L. 100-135, 
Sec. 1(b)(2), Oct. 16, 1987, 101 Stat. 811; Pub. L. 101-189, div. A, 
title XI, Sec. 1124(e), Nov. 29, 1989, 103 Stat. 1560; Pub. L. 101-474, 
Sec. 5(h), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V, 
Sec. 529 [title I, Secs. 101(b)(9)(F), 104(d)(1), 109(a)(2)], Nov. 5, 
1990, 104 Stat. 1427, 1441, 1447, 1451; Pub. L. 101-510, div. A, title 
XII, Sec. 1209(h)(2), Nov. 5, 1990, 104 Stat. 1667; Pub. L. 102-40, 
title IV, Sec. 403(c)(1), May 7, 1991, 105 Stat. 240; Pub. L. 102-54, 
Sec. 13(b)(1), (2), June 13, 1991, 105 Stat. 274; Pub. L. 103-160, div. 
A, title V, Sec. 533(c), title IX, Sec. 923(b), Nov. 30, 1993, 107 Stat. 
1658, 1731; Pub. L. 103-359, title V, Sec. 501(g), Oct. 14, 1994, 108 
Stat. 3429; Pub. L. 103-446, title XII, Sec. 1203(b), Nov. 2, 1994, 108 
Stat. 4689; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1), div. C, 
title XXXV, Sec. 3548(a)(2), Sept. 23, 1996, 110 Stat. 2687, 2868; Pub. 
L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(3)], Nov. 
29, 1999, 113 Stat. 1536, 1501A-583.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)(1).............  5 U.S.C. 1081(a).             Oct. 28, 1949, ch.
                                                    782, Sec.  201(a),
                                                    63 Stat. 954.
                     5 U.S.C. 1082(12)-(20),       Oct. 28, 1949, ch.
                      (32).                         782, Sec.  202 (12)-
                                                    (20), 63 Stat. 954.
                     ............................  May 29, 1959, Pub. L.
                                                    86-36, Sec.  1, 73
                                                    Stat. 63.
                     ............................  Sept. 23, 1959, Pub.
                                                    L. 86-370, Sec.
                                                    6(a) (less (4)), 73
                                                    Stat. 652.
(a)(3)-(5).........  5 U.S.C. 1091.                Oct. 28, 1949, ch.
                                                    782, Sec.  301, 63
                                                    Stat. 957.
(b)................  5 U.S.C. 1081(b).             Oct. 28, 1949, ch.
                                                    782, Sec.  201(b),
                                                    63 Stat. 954.
(c)................  5 U.S.C. 1082(1)-(6), (7)     Oct. 28, 1949, ch.
                      (less provisos), (8) (less    782, Sec.  202 (1)-
                      last 31 words), (9)-(11),     (6), (7) (less last
                      (21)-(31), (33)-(35).         25 words), (8) (less
                                                    last 31 words), (9)-
                                                    (11), (21)-(31), 63
                                                    Stat. 954.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  105(a)
                                                    ``(7) (less
                                                    provisos)'', 68
                                                    Stat. 1106.
                     ............................  June 17, 1957, Pub.
                                                    L. 85-56, Sec.
                                                    2201(20), 71 Stat.
                                                    159.
                     ............................  July 25, 1958, Pub.
                                                    L. 85-550, Sec.
                                                    16(a), (b)(1), 72
                                                    Stat. 411.
                     ............................  Sept. 2, 1958, Pub.
                                                    L. 85-857, Sec.
                                                    13(o), 72 Stat.
                                                    1266.
                     ............................  July 17, 1959, Pub.
                                                    L. 86-91, Sec.  3,
                                                    73 Stat. 213.
                     ............................  Sept. 23, 1959, Pub.
                                                    L. 86-370, Sec.
                                                    6(a)(4), 73 Stat.
                                                    652.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-769, Sec.  4,
                                                    74 Stat. 912.
(d)................  5 U.S.C. 1084(b).             Oct. 28, 1949, ch.
                                                    782, Sec.  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.
    In subsection (a)(1)(vii), the words ``Panama Canal Company'' are 
substituted for ``Panama Railroad Company'' on authority of the Act of 
Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.
    The exception for the Inland Waterways Corporation in former section 
1082(13) is omitted on authority of the Act of July 19, 1963, Pub. L. 
88-67, 77 Stat. 81.
    The exceptions for Production Credit Corporations and Federal 
Intermediate Credit Banks in former section 1082(18) and (19) are 
omitted as they are no longer ``corporations wholly owned by the United 
States''. Under the Farm Credit Act of 1956, 70 Stat. 659, the 
Production Credit Corporations were merged in the Federal Intermediate 
Credit Banks, and pursuant to that Act the Federal Intermediate Credit 
Banks have ceased to be corporations wholly owned by the United States.
    Subsection (a)(2) is added for clarity. The reference to ``an 
individual employed in or under an agency'' includes both officers and 
employees of an agency.
    In subsection (a)(5), the words ``in the General Schedule'' are 
substituted for the reference in former section 1091(3) to ``as 
specified in subchapter V of this chapter''.
    In subsection (b), the reference to former section 1085 is omitted 
as unnecessary. Former section 1085 which exempted certain agencies from 
former sections 1151-1153 is carried into section 305.
    In subsection (c)(1), the words ``chapter 45 of title 39'' are 
substituted for the reference in former section 1082(1) to ``chapter 23 
of title 39'' on authority of the Act of July 10, 1955, ch. 137, 
Sec. 805, 69 Stat. 130, and the Act of Sept. 2, 1960, Pub. L. 86-682, 
Sec. 5, 74 Stat. 705.
    In subsection (c)(2)(B), the words ``this chapter'' are substituted 
for the reference in former section 1082(2)(B) to ``the Classification 
Act of 1923, as amended,'' on authority of section 1106 of the Act of 
Oct. 28, 1949, 63 Stat. 972, and technical section 7(b).
    In subsection (c)(4), the words ``chapter 15 of title 31, District 
of Columbia Code'' are substituted for the reference in former section 
1082(4) to ``the District of Columbia Teachers Salary Act of 1947, as 
supplemented by Public Law 151, Eighty-first Congress, approved June 30, 
1949'' on authority of the provisions contained therein. The words 
``District of Columbia Court of General Sessions'' and ``District of 
Columbia Court of Appeals'' are substituted for ``Municipal Court for 
the District of Columbia'' and ``Municipal Court of Appeals for the 
District of Columbia'', respectively, on authority of D.C. Code 
Secs. 11-902 and 11-702. The exception for judges of the Juvenile Court 
of the District of Columbia is based on D.C. Code Sec. 11-1502.
    In subsection (c)(5), the word ``officers'' is omitted as included 
in ``member''.
    In subsection (c)(10), the words ``sections 6952 and 7478 of title 
10'', ``section 7044 of title 10'', and ``section 7043 of title 10'' are 
substituted for the references in former section 1082(10) to ``section 
1071 of title 34'', ``sections 1076-1076f of title 34'', and ``section 
1074 of title 34'', respectively, on authority of the Act of Aug. 10, 
1956, ch. 1041, Sec. 49(b), 70A Stat. 640.
    In subsection (c)(11), the words ``the United States'' are 
substituted for ``the several States and the District of Columbia''.
    In subsection (c)(14), the words ``employees necessary for the 
transaction of the business of the Service at canteens, warehouses, and 
storage depots whose employment is authorized by section 4202 of title 
38'' are substituted for the reference in former section 1082(23) to 
``positions which are exempt from this chapter, pursuant to section 4202 
of title 38''.
    In subsection (c)(16), the reference to ``section 4114 of title 38'' 
is substituted for the reference in former section 1082(25) to ``section 
4114(b) of title 38'' to reflect the pay fixing authority contained in 
subsection (a)(1) of section 4114.
    In subsection (c)(22), the words ``as defined by section 901 of 
title 20'' are substituted for ``as defined in the Defense Department 
Overseas Teachers Pay and Personnel Practices Act'' on authority of 
former section 2351, which is scheduled for transfer to section 901 of 
title 20.
    In subsection (c)(25), the word ``schedule'' is omitted since 
section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847, 
eliminated the necessity of referring to rates as scheduled or 
longevity. The words ``for GS-18'' are substituted for ``of the highest 
grade established by this chapter''.
    The second sentence of subsection (d) is based on former section 
1084(c), which is carried into section 5103.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

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

    The amendment to 5 U.S.C. 5102(c)(15) is made to correct a 
typographical error.
    The amendment to 5 U.S.C. 5102(c)(26) reflects Public Law 89-444, 
section 4.

                       References in Text

    The Foreign Service Act of 1980, referred to in subsec. (c)(2), is 
Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is 
classified principally to chapter 52 (Sec. 3901 et seq.) of Title 22, 
Foreign Relations and Intercourse. For complete classification of this 
Act to the Code, see Short Title note set out under section 3901 of 
Title 22 and Tables.
    Level V of the Executive Schedule, referred to in subsec. (c)(25), 
is set out in section 5316 of this title.
    Section 8 of the Contract Disputes Act of 1978, referred to in 
subsec. (c)(30), is classified to section 607 of Title 41, Public 
Contracts.


                               Amendments

    1999--Subsec. (c)(23). Pub. L. 106-113 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;''.
    1996--Subsec. (a)(1)(vi), (vii). Pub. L. 104-201, 
Sec. 3548(a)(2)(A), redesignated cls. (vii) and (viii) as (vi) and 
(vii), respectively, and struck out former cl. (vi) which read as 
follows: ``the Panama Canal Commission;''.
    Subsec. (a)(1)(viii). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii), 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).
    Subsec. (a)(1)(ix), (x). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii), 
redesignated cls. (x) and (xi) as (ix) and (x), respectively.
    Subsec. (a)(1)(xi). Pub. L. 104-201, Sec. 3548(a)(2)(A)(ii), 
redesignated cl. (xi) as (x).
    Pub. L. 104-201, Sec. 1122(a)(1), substituted ``National Imagery and 
Mapping Agency'' for ``Central Imagery Office''.
    Subsec. (c)(12). Pub. L. 104-201, Sec. 3548(a)(2)(B), 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;''.
    1994--Subsec. (a)(1)(ix) to (xi). Pub. L. 103-359 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).
    Subsec. (c)(3). Pub. L. 103-446 struck out comma after ``Department 
of Veterans Affairs''.
    1993--Subsec. (c)(10). Pub. L. 103-160, Sec. 923(b), 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, Sec. 533(c), 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 section 6952 of title 10''.
    1991--Subsec. (c)(3). Pub. L. 102-54, Sec. 13(b)(2), substituted 
``Veterans Health Administration of the Department of Veterans Affairs'' 
for ``Department of Medicine and Surgery, Veterans' Administration''.
    Subsec. (c)(14). Pub. L. 102-54, Sec. 13(b)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Pub. L. 102-40, Sec. 403(c)(1)(A), substituted ``section 7802 of 
title 38'' for ``section 4202 of title 38''.
    Subsec. (c)(16). Pub. L. 102-40, Sec. 403(c)(1)(B), substituted 
``sections 7405 and 7406'' for ``section 4114''.
    1990--Subsec. (a)(1). Pub. L. 101-474 redesignated subpars. (C) to 
(G) as (B) to (F), respectively, and struck out former subpar. (B) which 
included Administrative Office of United States Courts within definition 
of ``agency''.
    Subsec. (c)(5). Pub. L. 101-509, Sec. 529 [title I, Sec. 109(a)(2)], 
substituted ``members'' for ``and members'' after ``Protective 
Service;'' and inserted at end ``and members of the police forces of the 
Bureau of Engraving and Printing and the United States Mint whose pay is 
fixed under section 5378 of this title;''.
    Subsec. (c)(10). Pub. L. 101-510 struck out ``and'' before ``the 
Academic Dean'' and inserted at end ``civilian professors, instructors, 
and lecturers in the defense acquisition university structure (including 
the Defense Systems Management College) whose pay is fixed under section 
1746(b) of title 10;''.
    Subsec. (c)(25). Pub. L. 101-509, Sec. 529 [title I, 
Sec. 101(b)(9)(F)], substituted ``rate for level V of the Executive 
Schedule'' for ``maximum rate for GS-18''.
    Subsec. (c)(29), (30). Pub. L. 101-509, Sec. 529 [title I, 
Sec. 104(d)(1)], added pars. (29) and (30).
    1989--Subsec. (c)(10). Pub. L. 101-189 inserted ``civilian 
professors, instructors, and lecturers at a professional military 
education school whose pay is fixed under section 1595, 4021, 7478, or 
9021 of title 10;'', struck out ``the Naval War College and'' after 
``instructors at'', and substituted ``section 6952'' for ``sections 6952 
and 7478''.
    1987--Subsec. (c)(27). Pub. L. 100-135 substituted ``police'' for 
``special police force''.
    1986--Subsec. (c)(14). Pub. L. 99-335 inserted ``(other than 
employees of the Federal Retirement Thrift Investment System appointed 
under section 8474(c)(2) of this title)''.
    1985--Subsec. (c)(28). Pub. L. 99-145 added par. (28).
    1984--Subsec. (a)(1)(viii) to (x). Pub. L. 98-618 struck out ``or'' 
at end of cl. (viii), inserted ``or'' at end of cl. (ix), and added cl. 
(x).
    1983--Subsec. (a)(1)(iii) to (ix). Pub. L. 97-468, eff. Jan. 5, 
1985, 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.
    1980--Subsec. (a)(1)(ix). Pub. L. 96-191 added cl. (ix).
    Subsec. (c)(2). Pub. L. 96-465 substituted ``members of the Foreign 
Service whose pay is fixed under the Foreign Service Act of 1980'' for 
``employees in the Foreign Service of the United States whose pay is 
fixed under chapter 14 of title 22''.
    1979--Subsec. (a)(1)(vii). Pub. L. 96-70, Sec. 3302(e)(1), 
substituted ``Commission'' for ``Company''.
    Subsec. (c)(12). Pub. L. 96-70, Sec. 3302(e)(6), substituted 
provisions relating to any Executive agency to the extent of any 
election under section 1212(b)(2) of the Panama Canal Act of 1979 for 
provisions relating to employees of an agency who are stationed in the 
Canal Zone or in the Republic of Panama.
    Subsec. (c)(23). Pub. L. 96-54 inserted ``and Trademark'' after 
``Patent''.
    1978--Subsec. (c)(5). Pub. L. 95-454, Sec. 801(a)(3)(D), substituted 
``5375'' for ``5365''.
    Subsec. (c)(12)(B). Pub. L. 95-454, Sec. 906(a)(2), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    1975--Subsec. (c)(5). Pub. L. 94-183, Sec. 2(12), substituted 
``Executive Protective Service'' for ``White House Police''.
    Subsec. (c)(9). Pub. L. 94-183, Sec. 2(13), substituted ``305'' for 
``40''.
    1973--Subsec. (b). Pub. L. 93-176 extended this chapter to include 
positions in local boards and appeal boards within the Selective Service 
System and employees occupying those positions.
    1970--Subsec. (c)(1). Pub. L. 91-375 repealed provision declaring 
this chapter inapplicable to employees in the postal field service whose 
pay is fixed under chapter 45 of title 39.
    Subsec. (c)(4). Pub. L. 91-358 expanded reference to include chief 
judges, substituted reference to the Superior Court of the District of 
Columbia for references to the District of Columbia Court of General 
Sessions and the Juvenile Court of the District of Columbia, and 
provided that chapter not apply to nonjudicial employees of the District 
of Columbia court system whose pay is fixed under title 11 of the 
District of Columbia Code.
    1969--Subsec. (c)(5). Pub. L. 91-34 extended provisions to include 
members of the National Zoological Park police force whose pay is fixed 
under section 5365 of this title.
    1968--Subsec. (c). Pub. L. 90-610 inserted par. (27).

                         Change of Name

    Reference to Executive Protective Service held to refer to United 
States Secret Service Uniformed Division pursuant to Pub. L. 95-179, set 
out as a note under section 202 of Title 3, The President.


                    Effective Date of 1999 Amendment

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


                    Effective Date of 1996 Amendment

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


                    Effective Date of 1990 Amendment

    Amendment by section 529 [title I, Secs. 101(b)(9)(F), 104(d)(1)] of 
Pub. L. 101-509 effective on such date as the President shall determine, 
but not earlier than 90 days, and not later than 180 days, after Nov. 5, 
1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out 
as a note under section 5301 of this title.
    Amendment by section 529 [title I, Sec. 109(a)(2)] of Pub. L. 101-
509 effective on first day of first applicable pay period beginning on 
or after the 30th day following Nov. 5, 1990, see section 529 [title I, 
Sec. 109(c)] of Pub. L. 101-509, set out as an Effective Date note under 
section 5378 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-135 applicable with respect to pay periods 
beginning after Sept. 30, 1987, except that any pay increase for 
employees of Library of Congress, pursuant to such amendment, to be 
subject to appropriation and to be implemented in four approximately 
equal annual increments, so that pay parity with Capitol Police occurs 
beginning with first pay period beginning after Sept. 30, 1990, see 
section 3 of Pub. L. 100-135, set out as a note under section 167 of 
Title 2, The Congress.


                    Effective Date of 1986 Amendment

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


                    Effective Date of 1983 Amendment

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


                    Effective Date of 1980 Amendments

    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.
    Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 
10(a) of Pub. L. 96-191.


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.
    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by section 801(a)(3)(D) of Pub. L. 95-454 effective on 
first day of first applicable pay period beginning on or after 90th day 
after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454, set out as 
an Effective Date note under section 5361 of this title.
    Amendment by section 906(2)(2) of Pub. L. 95-454 effective 90 days 
after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a 
note under section 1101 of this title.


                    Effective Date of 1973 Amendment

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


                    Effective Date of 1970 Amendments

    Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 
1970, on date established therefor by Board of Governors of United 
States Postal Service and published by it in Federal Register, see 
section 15(a) of Pub. L. 91-375, set out as an Effective Date note 
preceding section 101 of Title 39, Postal Service.
    Amendment by Pub. L. 91-358 effective first day of seventh calendar 
month which begins after July 29, 1970, see section 199(a) of Pub. L. 
91-358, set out as a note under section 1257 of Title 28, Judiciary and 
Judicial Procedure.


                    Effective Date of 1969 Amendment

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


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-610 effective on first day of first pay 
period which begins on or after Oct. 21, 1968, see section 3 of Pub. L. 
90-610, set out as a note under section 167 of Title 2, The Congress.


                    Effective Date of 1967 Amendment

    Section 9(h) of Pub. L. 90-83 provided that: ``Section 1(3) 
[amending section 1305 of this title], (10) [amending section 3324 of 
this title], (11) [amending this section], (12) [amending section 5108 
of this title], (22) [enacting section 5534a of this title], (23) 
[amending the analysis for chapter 55 of this title], (83)(a) and (d) 
[amending section 8344 of this title], (89) [amending section 8521 of 
this title], (98) [amending section 902 of this title], (99) [amending 
section 903 of this title], and (100) [amending section 8113 of this 
title] of this Act is effective as of September 6, 1966, for all 
purposes.''


                                 Repeals

    General repealer of provisions inconsistent with Pub. L. 92-392 as 
not repealing or affecting subsec. (d) of this section, see section 13 
of Pub. L. 92-392, Aug. 19, 1972, 86 Stat. 575, set out as a note under 
section 5341 of this title.

                  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

    Virgin Islands Corporation established to have succession until June 
30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 
1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). 
Corporation terminated its program June 30, 1965, and dissolved July 1, 
1966. Act June 30, 1949, was repealed by Pub. L. 97-357, title III, 
Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.


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

    Section 504(c) of Pub. L. 99-145 provided that: ``Section 9314(b)(2) 
of title 10, United States Code (as added by subsection (a)(1)(B)), and 
section 5102(c)(28) of title 5, United States Code (as added by 
subsection (b)), shall not apply to any person who on the date of the 
enactment of this Act [Nov. 8, 1985]--
        ``(1) is a civilian member of the faculty of the United States 
    Air Force Institute of Technology;
        ``(2) is paid a rate of basic pay under the General Schedule; 
    and
        ``(3) elects, under procedures prescribed by the Secretary of 
    the Air Force, to continue to be paid under the General Schedule.''


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

    Amendments by Pub. L. 92-392 not to decrease basic pay rate of 
subsec. (c)(7), (8), or (14) employees in service before effective date 
of the amendments as to such employees, see section 9(a)(2) of Pub. L. 
92-392, Aug. 19, 1972, 86 Stat. 574, set out as a note under section 
5343 of this title.


                       Reduction of Basic Pay Rate

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

                  Section Referred to in Other Sections

    This section is referred to in sections 3327, 5101, 5103, 5331, 
5342, 5348, 5349, 5361, 5377, 5391, 5753, 5754, 5755, 7511 of this 
title; title 20 section 903; title 29 section 218.
