
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: 5USC5372]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 5372. Administrative law judges

    (a) For the purposes of this section, the term ``administrative law 
judge'' means an administrative law judge appointed under section 3105.
    (b)(1)(A) There shall be 3 levels of basic pay for administrative 
law judges (designated as AL-1, 2, and 3, respectively), and each such 
judge shall be paid at 1 of those levels, in accordance with the 
provisions of this section.
    (B) Within level AL-3, there shall be 6 rates of basic pay, 
designated as AL-3, rates A through F, respectively. Level AL-2 and 
level AL-1 shall each have 1 rate of basic pay.
    (C) The rate of basic pay for AL-3, rate A, may not be less than 65 
percent of the rate of basic pay for level IV of the Executive Schedule, 
and the rate of basic pay for AL-1 may not exceed the rate for level IV 
of the Executive Schedule.
    (2) The Office of Personnel Management shall determine, in 
accordance with procedures which the Office shall by regulation 
prescribe, the level in which each administrative-law-judge position 
shall be placed and the qualifications to be required for appointment to 
each level.
    (3)(A) Upon appointment to a position in AL-3, an administrative law 
judge shall be paid at rate A of AL-3, and shall be advanced 
successively to rates B, C, and D of that level at the beginning of the 
next pay period following completion of 52 weeks of service in the next 
lower rate, and to rates E and F of that level at the beginning of the 
next pay period following completion of 104 weeks of service in the next 
lower rate.
    (B) The Office of Personnel Management may provide for appointment 
of an administrative law judge in AL-3 at an advanced rate under such 
circumstances as the Office may determine appropriate.
    (4) Subject to paragraph (1), effective at the beginning of the 
first applicable pay period commencing on or after the first day of the 
month in which an adjustment takes effect under section 5303 in the 
rates of basic pay under the General Schedule, each rate of basic pay 
for administrative law judges shall be adjusted by an amount determined 
by the President to be appropriate.
    (c) The Office of Personnel Management shall prescribe regulations 
necessary to administer this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473, Sec. 5362; Pub. L. 95-251, 
Sec. 2(a)(1), (b)(1), Mar. 27, 1978, 92 Stat. 183; renumbered Sec. 5372 
and amended Pub. L. 95-454, title VIII, Sec. 801(a)(3)(A)(ii), title IX, 
Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224; Pub. L. 101-509, 
title V, Sec. 529 [title I, Sec. 104(a)(1)], Nov. 5, 1990, 104 Stat. 
1427, 1445; Pub. L. 102-378, Sec. 2(32), Oct. 2, 1992, 106 Stat. 1350; 
Pub. L. 106-97, Sec. 1, Nov. 12, 1999, 113 Stat. 1322.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1010 (3d sentence).  June 11, 1946, ch.
                                                    324, Sec.  11 (3d
                                                    sentence), 60 Stat.
                                                    244.
------------------------------------------------------------------------

    The exception from the operation of the efficiency rating system is 
omitted as covered by sections 4301(2)(E) and 5335(a)(B). The reference 
to ``subchapter III of this chapter and chapter 51 of this title'' is 
substituted for ``the Classification Act of 1923, as amended'' on 
authority of section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 
Stat. 972.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Level IV of the Executive Schedule, referred to in subsec. 
(b)(1)(C), is set out in section 5315 of this title.
    The General Schedule, referred to in subsec. (b)(4), is set out 
under section 5332 of this title.


                               Amendments

    1999--Subsec. (b)(1). Pub. L. 106-97, Sec. 1(1), designated first 
sentence as subpar. (A) and struck out after first sentence the 
following: ``The rates of basic pay for those levels shall be as 
follows:




AL-3, rate A..........................  65 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-3, rate B..........................  70 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-3, rate C..........................  75 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-3, rate D..........................  80 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-3, rate E..........................  85 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-3, rate F..........................  90 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-2..................................  95 percent of the rate of basic
                                         pay for level IV of the
                                         Executive Schedule.
AL-1..................................  The rate of basic pay for level
                                         IV of the Executive Schedule.''


    Subsec. (b)(1)(B), (C). Pub. L. 106-97, Sec. 1(1), added subpars. 
(B) and (C).
    Subsec. (b)(3)(A). Pub. L. 106-97, Sec. 1(2), substituted ``at the 
beginning of the next pay period following'' for ``upon'' in two places.
    Subsec. (b)(4). Pub. L. 106-97, Sec. 1(3), added par. (4).
    1992--Subsec. (c). Pub. L. 102-378 substituted ``shall'' for 
``shall,''.
    1990--Pub. L. 101-509 amended section generally. Prior to amendment, 
section read as follows: ``Administrative law judges appointed under 
section 3105 of this title are entitled to pay prescribed by the Office 
of Personnel Management independently of agency recommendations or 
ratings and in accordance with subchapter III of this chapter and 
chapter 51 of this title.''
    1978--Pub. L. 95-454, Sec. 906(a)(2), substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.
    Pub. L. 95-251 substituted ``Administrative law judges'' for 
``Hearing examiners'' in section catchline and text.


                    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 1978 Amendment

    Amendment by section 906(a)(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.


              Conversion Rule for Administrative Law Judges

    Section 529 [title I, Sec. 104(e)] of Pub. L. 101-509 provided that: 
``In making initial pay adjustments for administrative law judges after 
this section and the amendments made by this section [enacting section 
5372a of this title, amending this section, sections 5102, 5311, and 
5335 of this title, section 938 of Title 30, Mineral Lands and Mining, 
and section 607 of Title 41, Public Contracts] take effect [see 
Effective Date of 1990 Amendment note set out under section 5301 of this 
title], the rate of basic pay for any such judge shall, upon conversion 
to the new pay system, be at least equal to the rate which was payable 
to that individual immediately before such conversion.''


                              Pay Increases

    2001--The President, under Ex. Ord. No. 13182, Dec. 23, 2000, 65 
F.R. 82879, 66 F.R. 10057, set out as a note under section 5332 of this 
title, adjusted the rates of basic pay for administrative law judges 
effective on the first day of the first applicable pay period beginning 
on or after Jan. 1, 2001, as follows:

AL-3/A..........................................                 $82,100
AL-3/B..........................................                  88,300
AL-3/C..........................................                  94,700
AL-3/D..........................................                 101,000
AL-3/E..........................................                 107,300
AL-3/F..........................................                 113,600
AL-2............................................                 120,000
AL-1............................................                 125,700

    2000--Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which 
provided for adjustment of pay rates effective Jan. 1, 2000, was 
superseded by Ex. Ord. No. 13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 
10057, set out as a note under section 5332 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 559, 1305, 5304, 5372b, 
5377, 5380, 7323 of this title; title 15 section 1715; title 29 section 
661; title 30 section 938; title 38 section 7101A; title 42 sections 
2000e-4, 3608.
