
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: 5USC5305]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER I--PAY COMPARABILITY SYSTEM
 
Sec. 5305. Special pay authority

    (a) Whenever the President finds that the Government's recruitment 
or retention efforts with respect to 1 or more occupations in 1 or more 
areas or locations are, or are likely to become, significantly 
handicapped, due to any of the circumstances described in subsection 
(b), he may establish for the areas or locations involved, with respect 
to individuals in positions paid under any of the pay systems referred 
to in subsection (c), higher minimum rates of basic pay for 1 or more 
grades or levels, occupational groups, series, classes, or subdivisions 
thereof, and may make corresponding increases in all step rates of the 
pay range for each such grade or level. However, a minimum rate so 
established may not exceed the maximum pay rate prescribed by statute 
for the grade or level by more than 30 percent, and no rate may be 
established under this section (disregarding any amount payable under 
subsection (g)) in excess of the rate of basic pay payable for level V 
of the Executive Schedule. The President may authorize the exercise of 
the authority conferred on him by this section by the Office of 
Personnel Management or, in the case of individuals not subject to the 
provisions of this title governing appointment in the competitive 
service, by such other agency as he may designate.
    (b) The circumstances referred to in subsection (a) are--
        (1) rates of pay offered by non-Federal employers being 
    significantly higher than those payable by the Government within the 
    area, location, occupational group, or other class of positions 
    under the pay system involved;
        (2) the remoteness of the area or location involved;
        (3) the undesirability of the working conditions or the nature 
    of the work involved (including exposure to toxic substances or 
    other occupational hazards); or
        (4) any other circumstances which the President (or an agency 
    duly authorized or designated by the President in accordance with 
    the last sentence of subsection (a)) considers appropriate.

    (c) Authority under subsection (a) may be exercised with respect to 
positions paid under--
        (1) a statutory pay system; or
        (2) any other pay system established by or under Federal statute 
    for civilian positions within the executive branch.

    (d) Within the limitations applicable under the preceding provisions 
of this section, rates of pay established under this section may be 
revised from time to time by the President or by such agency as he may 
designate. The actions and revisions have the force and effect of 
statute.
    (e) An increase in a rate of basic pay established under this 
section is not an equivalent increase in pay within the meaning of 
section 5335.
    (f) The rate of basic pay established under this section and 
received by an individual immediately before a statutory increase, which 
becomes effective prior to, on, or after the date of enactment of the 
statute, in the pay schedule applicable to such individual of any pay 
system specified in subsection (c) of this section, shall be initially 
adjusted, effective on the effective date of the statutory increase, 
under conversion rules prescribed by the President or by such agency as 
the President may designate.
    (g)(1) The benefit of any comparability payments under section 5304 
shall be available to individuals receiving rates of basic pay 
established under this section to such extent as the President (or his 
designated agency) considers appropriate, subject to paragraph (2) and 
subsection (h).
    (2) Payments under this subsection may not be made if, or to the 
extent that, when added to basic pay otherwise payable, such payments 
would cause the total to exceed the rate of basic pay payable for level 
IV of the Executive Schedule.
    (h) The rate of basic pay payable to an individual under this 
section may not, at any time, be less than the rate which would then be 
payable to such individual (taking comparability payments under section 
5304 into account) if this section had never been enacted.

(Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1946; amended 
Pub. L. 94-82, title II, Sec. 202(c), Aug. 9, 1975, 89 Stat. 420; Pub. 
L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 
104 Stat. 1427, 1436.)

                       References in Text

    Levels IV and V of the Executive Schedule, referred to in subsecs. 
(a) and (g)(2), are set out in sections 5315 and 5316, respectively, of 
this title.
    The provisions of this title governing appointment in the 
competitive service, referred to in subsec. (a), are classified 
generally to section 3301 et seq. of this title.


                               Amendments

    1990--Pub. L. 101-509 amended section generally, substituting 
provisions authorizing President to make special pay increases whenever 
recruitment or retention efforts are handicapped for provisions 
requiring annual pay reports and adjustments, authorizing alternative 
plan in years of emergency or when economic conditions affect the 
general welfare, and setting forth procedure where Congressional 
committee disapproves such alternative plan.
    1975--Subsec. (a)(3). Pub. L. 94-82, Sec. 202(c)(1), inserted 
provision relating to specification in the report to the Congress of the 
overall percentage of the adjustment in the rates of pay under the 
General Schedule and under other statutory pay systems.
    Subsec. (c)(1). Pub. L. 94-82, Sec. 202(c)(2), inserted provision 
relating to specification in the report to the Congress of the overall 
percentage of the adjustment in the rates of pay under the General 
Schedule and under other statutory pay systems.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.

                         Delegation of Functions

    For delegation of authorities of President under this section, see 
Ex. Ord. No. 12748, Sec. 3, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 
1991, set out as a note under section 5301 of this title.


                         Staffing Differentials

    Section 529 [title II, Sec. 209] of Pub. L. 101-509, as amended by 
Pub. L. 102-378, Sec. 3(3), Oct. 2, 1992, 106 Stat. 1355, provided that:
    ``(a) In General.--Effective on the first day of the first 
applicable pay period beginning on or after January 1, 1991, the 
President may establish staffing differentials equal to 5 percent of 
basic pay, which may be paid to each General Schedule employee whose 
position is in--
        ``(1) grade GS-5 or 7 of the General Schedule;
        ``(2) a 2-grade-interval occupational series, as determined by 
    the Office of Personnel Management; or
        ``(3) any combination of classes of positions described in 
    paragraph (1) or (2) for which the President determines a recruiting 
    difficulty exists.
    ``(b) Manner of Payment; Reduction or Elimination.--A staffing 
differential under this section--
        ``(1) shall be paid in the same manner and at the same time as 
    the employee's basic pay is paid, but may not be considered to be 
    part of basic pay for any purpose; and
        ``(2) may be reduced or eliminated by the Office of Personnel 
    Management in its sole discretion as the amendments made by this Act 
    take effect [see Effective Date of 1990 Amendment and Short Title of 
    1990 Amendment notes set out under section 5301 of this title], 
    except that no such reduction or elimination shall have the effect 
    of reducing the total amount of pay (determined by adding basic pay 
    and staffing differential) which any employee is receiving.''
    [Authority of President under section 529 [title II, Sec. 209] of 
Pub. L. 101-509, set out above, delegated to Office of Personnel 
Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 
4, 1991, set out as a note under section 5301 of this title.]


                   Federal Law Enforcement Pay Reform

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 907(a)], Dec. 
21, 2000, 114 Stat. 2763, 2763A-309, provided that: ``Beginning on the 
effective date of this Act [see section 1(a)(4) [div. B, title IX, 
Sec. 909] of Pub. L. 106-554, set out in a Conversion to New Salary 
Schedule note under section 204 of Title 3, The President]--
        ``(1) no existing special salary rates shall be authorized for 
    members of the United States Park Police under section 5305 of title 
    5, United States Code (or any previous similar provision of law); 
    and
        ``(2) no special rates of pay or special pay adjustments shall 
    be applicable to members of the United States Park Police pursuant 
    to section 405 of the Federal Law Enforcement Pay Reform Act of 1990 
    [section 529 [title IV, Sec. 405] of Pub. L. 101-509, set out in a 
    note below].''
    Section 529 [title IV, Secs. 401-407] of Pub. L. 101-509, as amended 
by Pub. L. 102-378, Sec. 3(5)-(9), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 
103-123, title VI, Sec. 628, Oct. 28, 1993, 107 Stat. 1266; Pub. L. 103-
178, title III, Sec. 303(a), Dec. 3, 1993, 107 Stat. 2034; Pub. L. 105-
61, title I, Sec. 118(e), Oct. 10, 1997, 111 Stat. 1288; Pub. L. 106-
554, Sec. 1(a)(4) [div. B, title IX, Sec. 907(b)], Dec. 21, 2000, 114 
Stat. 2763, 2763A-309, provided that:
``SEC. 401. SHORT TITLE.
    ``This title [section 529 [title IV, Secs. 401-412] of Pub. L. 101-
509, enacting sections 4521 to 4523 of this title, amending sections 
5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set 
out as notes under this section and sections 4521, 5541, and 8335 of 
this title, and amending provisions set out as a note under section 5541 
of this title] may be cited as the `Federal Law Enforcement Pay Reform 
Act of 1990'.
``SEC. 402. DEFINITION.
    ``For the purposes of this title, except as otherwise provided, the 
term `law enforcement officer' means any law enforcement officer within 
the meaning of section 5541(3) of title 5, United States Code, with 
respect to whom the provisions of chapter 51 of such title apply.
``SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.
    ``(a) Notwithstanding the procedures of section 5305 of title 5, 
United States Code, as amended by section 101 of this Act, or similar 
provision of law, higher minimum rates and corresponding increases in 
all step rates of each designated General Schedule grade shall be 
established for law enforcement officers in accordance with the 
provisions of this section.
    ``(b)(1) Effective on the first day of the first applicable pay 
period beginning on or after January 1, 1992, the higher minimum rates 
to be established are as follows:

  ``GS-3

                                                                  Step 4

  ``GS-4

                                                                  Step 4

  ``GS-5

                                                                  Step 4

  ``GS-6

                                                                  Step 3

  ``GS-7

                                                                  Step 3

  ``GS-8

                                                                  Step 3

  ``GS-9

                                                                  Step 2

  ``GS-10

                                                                  Step 2

    ``(2) Effective on the first day of the first applicable pay period 
beginning on or after January 1, 1993, the higher minimum rates to be 
established are as follows:

  ``GS-3

                                                                  Step 7

  ``GS-4

                                                                  Step 7

  ``GS-5

                                                                  Step 8

  ``GS-6

                                                                  Step 6

  ``GS-7

                                                                  Step 5

  ``GS-8

                                                                  Step 3

  ``GS-9

                                                                  Step 2

  ``GS-10

                                                                  Step 2

    ``(c) The higher minimum rates and corresponding higher rates for 
each step rate of each designated grade shall apply to every law 
enforcement officer in the designated grades (except in the case of any 
law enforcement officer for whom a higher rate is authorized under 
section 5305 of title 5, United States Code, as amended by section 101 
of this Act, or similar provision of law) in the same manner as rates 
established under section 5305 of such title, as so amended, and may be 
increased in accordance with subsection (f) of such section 5305.
    ``(d) Any interim entry-level adjustment under section 209 of this 
Act [section 529 [title II, Sec. 209] of Pub. L. 101-509, set out as a 
note above] which a law enforcement officer is receiving shall be 
eliminated on the day before the effective date of the higher minimum 
rates under subsection (b)(1).
``SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN 
        SELECTED CITIES.
    ``(a) A law enforcement officer shall be paid any applicable special 
pay adjustment in accordance with the provisions of this section, but 
such special pay adjustment shall be reduced by the amount of any 
applicable interim geographic adjustment under section 302 of this Act 
[section 529 [title III, Sec. 302] of Pub. L. 101-509, set out as a note 
under section 5304 of this title], any applicable locality-based 
comparability payment under section 5304 of title 5, United States Code, 
as amended by section 101 of this Act, and, to the extent determined 
appropriate by the Office of Personnel Management, any applicable 
special rate of pay under section 5305 of such title, as so amended, or 
any similar provision of law (other than section 403).
    ``(b)(1) Except as provided in subsection (a), effective on the 
first day of the first applicable pay period beginning on or after 
January 1, 1992, each law enforcement officer whose post of duty is in 
one of the following areas shall receive an adjustment, which shall be a 
percentage of the officer's rate of basic pay, as follows:



                          ``Area                            Differential

Boston-Lawrence-Salem, MA-NH Consolidated Metropolitan           16%
 Statistical Area.........................................
Chicago-Gary-Lake County, IL-IN-WI Consolidated                   4%
 Metropolitan Statistical Area............................
Los Angeles-Anaheim-Riverside, CA Consolidated                   16%
 Metropolitan Statistical Area............................
New York-Northern New Jersey-Long Island, NY-NJ-CT               16%
 Consolidated Metropolitan Statistical Area...............
Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD Consolidated         4%
 Metropolitan Statistical Area............................
San Francisco-Oakland-San Jose, CA Consolidated                  16%
 Metropolitan Statistical Area............................
San Diego, CA Metropolitan Statistical Area...............        8%
Washington-Baltimore DC-MD-VA-WV Consolidated Metropolitan        4%
 Statistical Area.........................................



    ``(2) In the case of any area specified in paragraph (1) that 
includes a portion, but not all, of a county, the Office of Personnel 
Management may, at the request of the head of 1 or more law enforcement 
agencies, extend the area specified in paragraph (1) to include, for the 
purposes of this section, the entire county, if the Office determines 
that such extension would be in the interests of good personnel 
administration. Any such extension shall be applicable to each law 
enforcement officer whose post of duty is in the area of the extension.
    ``(c)(1) A special pay adjustment under this section shall be 
administered, to the extent practicable, in the same manner as a 
locality-based comparability payment under section 5304 of title 5, 
United States Code, as amended by section 101 of this Act, and shall be 
considered part of basic pay to the same degree as such a locality-based 
comparability payment.
    ``(2) The Office of Personnel Management may prescribe such 
regulations as it considers necessary concerning the payment of special 
pay adjustments to law enforcement officers under this section.
``SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.
    ``(a) The appropriate agency head (as defined in subsection (c)) 
shall prescribe regulations under which the purposes of sections 403, 
404, and 407 shall be carried out with respect to individuals holding 
positions described in subsection (b).
    ``(b) This subsection applies with respect to any--
        ``(1) special agent within the Diplomatic Security Service;
        ``(2) probation officer (referred to in section 3672 of title 
    18, United States Code); or
        ``(3) pretrial services officer (referred to in section 3153 of 
    title 18, United States Code).
    ``(c) For purposes of this section, the term `appropriate agency 
head' means--
        ``(1) with respect to any individual under subsection (b)(1), 
    the Secretary of State; or
        ``(2) with respect to any individual under subsection (b)(2) or 
    (b)(3), the Director of the Administrative Office of the United 
    States Courts.
``SEC. 406. FBI NEW YORK FIELD DIVISION.
    ``(a) The total pay of an employee of the Federal Bureau of 
Investigation assigned to the New York Field Division before the date of 
September 29, 1993, in a position covered by the demonstration project 
conducted under section 601 of the Intelligence Authorization Act for 
Fiscal Year 1989 (Public Law 100-453) [102 Stat. 1911] shall not be 
reduced as a result of the termination of the demonstration project 
during the period that employee remains employed after that date in a 
position covered by the demonstration project.
    ``(b) Beginning on September 30, 1993, any periodic payment under 
section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 
1989 [Pub. L. 100-453, 102 Stat. 1911] for any such employee shall be 
reduced by the amount of any increase in basic pay under title 5, United 
States Code, including the following provisions: an annual adjustment 
under section 5303, locality-based comparability payment under section 
5304, initiation or increase in a special pay rate under section 5305, 
promotion under section 5334, periodic step increase under section 5335, 
merit increase under section 5404, or other increase to basic pay under 
any provision of law.
``SEC. 407. RELOCATION PAYMENTS.
    ``Notwithstanding section 5753(b)(1)(A) of title 5, United States 
Code, as added by this Act, a law enforcement officer whose rate of 
basic pay is less than $60,000 may receive a relocation payment of up to 
$15,000 under section 5753.''
    [Section 303(b) of Pub. L. 103-178 provided that: ``The amendment 
made by subsection (a) [amending section 529 [title IV, Sec. 406] of 
Pub. L. 101-509, set out above] shall take effect as of September 30, 
1993, and shall apply to the pay of employees to whom the amendment 
applies that is earned on or after that date.'']
    [For effective dates of amendments by section 3(5)-(9) of Pub. L. 
102-378 to section 529 [title IV, Secs. 402, 403(d), 404(a), (b), 
405(a)] of Pub. L. 101-509, set out above, see section 9(a), (b)(6), (9) 
of Pub. L. 102-378, set out as an Effective Date of 1992 Amendment note 
under section 6303 of this title.]


                          Reporting Requirement

    Section 529 [title IV, Sec. 412] of Pub. L. 101-509 provided that: 
``Not later than January 1, 1993, the Office of Personnel Management, in 
consultation with Federal law enforcement agencies and law enforcement 
employee groups, shall submit to Congress, in writing, a plan to 
establish a separate pay and classification system for law enforcement 
officers and specifications for legislation to implement such plan.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3326, 5363, 5542, 5543, 
5545, 5547 of this title; title 18 section 3006A; title 21 section 848; 
title 31 section 325; title 38 section 7451.
