
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5333]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
               SUBCHAPTER III--GENERAL SCHEDULE PAY RATES
 
Sec. 5333. Minimum rate for new appointments

    New appointments shall be made at the minimum rate of the 
appropriate grade. However, under regulations prescribed by the Office 
of Personnel Management which provide for such considerations as the 
existing pay or unusually high or unique qualifications of the 
candidate, or a special need of the Government for his services, the 
head of an agency may appoint, with the approval of the Office in each 
specific case, an individual to a position at such a rate above the 
minimum rate of the appropriate grade as the Office may authorize for 
this purpose. The approval of the Office in each specific case is not 
required with respect to an appointment made by the Librarian of 
Congress.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90-83, Sec. 1(19), 
Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, title IX, Sec. 906(a)(2), 
(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(26)(A), Aug. 
14, 1979, 93 Stat. 382; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 106, title II, Sec. 211(b)(1)], Nov. 5, 1990, 104 Stat. 1427, 1449, 
1461.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 1131.                Oct. 28, 1949, ch.
                                                    782, Sec.  801, 63
                                                    Stat. 969.
                                                   Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    103(a), 78 Stat.
                                                    401.
(b)................  5 U.S.C. 1133.                Oct. 28, 1949, ch.
                                                    782, Sec.  803, 63
                                                    Stat. 970.
                     ............................  Sept. 1, 1954, ch.
                                                    1208, Sec.  104, 68
                                                    Stat. 1106.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    604(c), 76 Stat.
                                                    848.
------------------------------------------------------------------------

    In subsection (b), the word ``scheduled'' 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.
    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)
------------------------------------------------------------------------
5333(a)............  5 App.: 1131.                 July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    103, 80 Stat. 289.
------------------------------------------------------------------------

                               Amendments

    1990--Pub. L. 101-509 struck out ``; higher rates for supervisors of 
prevailing rate employees'' after ``appointments'' in section catchline, 
struck out ``(a)'' before ``New appointments shall'', struck out ``in 
GS-11 or above'' after ``individual to a position'', and struck out 
subsec. (b) which read as follows: ``Under regulations prescribed by the 
Office of Personnel Management, an employee in a position to which this 
subchapter applies, who regularly has responsibility for supervision 
(including supervision over the technical aspects of the work concerned) 
over employees whose pay is fixed and adjusted from time to time by wage 
boards or similar administrative authority as nearly as is consistent 
with the public interest in accordance with prevailing rates, may be 
paid at one of the rates for his grade which is above the highest rate 
of basic pay being paid to any such prevailing-rate employee regularly 
supervised, or at the maximum rate for his grade, as provided by the 
regulations.''
    1979--Pub. L. 96-54 substituted ``prevailing rate'' for ``wage-
board'' in section catchline.
    1978--Subsecs. (a), (b). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' and ``Office'' for ``Civil Service Commission'' 
and ``Commission'', respectively, wherever appearing.


                    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.


                    Effective Date of 1979 Amendment

    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 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.

                  Section Referred to in Other Sections

    This section is referred to in title 7 section 84.
