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(3) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery, Veterans' Administration, under chapter 73 of title 38; or (4) sections 867 and 870 of title 22; he may establish for the areas or locations higher minimum rates of basic pay for one 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 seventh pay rate prescribed by statute for the grade or level. The President may authorize the exercise of the authority conferred on him by this section by the Civil Service Commission 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) Within the limitations of subsection (a) of this section, rates of basic pay established under that subsection 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. (c) An increase in rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335(a) of this title and section 3552 of title 39. (d) The rate of basic pay, established under this section, and received by an individual immediately before the effective date of a statutory increase in the pay schedules of the pay systems specified in subsection (a) of this section shall be initially adjusted on the effective date of the new pay schedules under conversion regulations prescribed by the President or by such agency as he may designate. § 5304. Presidential policies and regulations The functions, duties, and regulations of the agencies and the Civil Service Commission with respect to this subchapter, subchapter III of this chapter, chapter 51 of this title, the provisions of part III of title 39 relating to employees in the postal field service, chapter 14 of title 22, and the provisions of chapter 73 of title 38 relating to employees in the Department of Medicine and Surgery, Veterans' Administration, are subject to such policies and regulations as the President may prescribe. Among other things, the policies and regulations of the President may provide for— (1) preparing and reporting to him the annual comparison of Federal pay rates with private enterprise rates; (2) obtaining and reporting to him the views of employee organizations on the annual comparison, and on other pay matters; (3) reviewing and reporting to him on the adequacy of the Federal statutory pay structures for the Federal programs to which they apply; (4) reviewing the relationship of Federal statutory pay rates and private enterprise pay rates in specific occupation and local areas; and (5) providing step-increases in recognition of high quality performance and providing for properly relating supervisory pay rates paid under one system to those of subordinates paid under another system. SUBCHAPTER II—EXECUTIVE SCHEDULE PAY EATES § 5311. The Executive Schedule The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions to which this subchapter applies.

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§ 5312. Positions at level I Level I of the Executive Schedule applies to the following positions, lor which the annual rate of basic pay is $35,000: (1) Secretary of State. (2) Secretary of the Treasury. (3) Secretary of Defense. (4) Attorney General. (5) Postmaster General. (6) Secretary of the Interior. (7) Secretary of Agriculture. (8) Secretary of Commerce. (9) Secretary of Labor. (10) Secretary of Health, Education, and Welfare. § 5313. Positions at level II Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $30,000: (1) Deputy Secretary of Defense. (2) Under Secretary of State. (3^ Administrator, Agency for International Development. (4) Administrator of the National Aeronautics and Space Administration. (5) Administrator of Veterans' Affairs. (6) Administrator of the Housing and Home Finance Agency. (7) Administrator of the Federal Aviation Agency. (8) Chairman, Atomic Energy Commission. (9) Chairman, Council of Economic Advisers. (10) Chairman, Board of Governors of the Federal Reserve System. (11) Director of the Bureau of the Budget. (12) Director of the Office of Science and Technology. (13) Director of the United States Arms Control and Disarmament Agency. (14) Director of the United States Information Agency. (15) Director of Central Intelligence. (16) Secretary of the Air Force. (17) Secretary of the Army. (18) Secretary of the Navy. § 5314. Positions at level III Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $28,500: (1) Deputy Attorney General. (2) Solicitor General of the United States. (3) Deputy Postmaster General. (4) Under Secretary of Agriculture. (5) Under Secretary of Commerce. (6) Under Secretary of Commerce for Transportation. (7) Under Secretary of Health, Education, and Welfare. (8) Under Secretary of the Interior. (9) Under Secretary of Labor. (10) Under Secretary of State for Political Affairs or Under Secretary of State for Economic Affairs. (11) Under Secretary of the Treasury. (12) Under Secretary of the Treasury for Monetary Affairs. (13) Administrator of General Services. (14) Administrator of the Small Business Administration. (15) Deputy Administrator of Veterans' Affairs.

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 has lately been a fashion to pay a compliment to the bravery and generosity of the commander in chief, at the expence of his understanding. They who love him least, make no question of his courage, while his friends dwell chiefly on the facility of his disposition. Admitting him to be as brave as a total absence of all feeling and reflection can make him, let us see what sort of merit he derives from the remainder of his character. If it be generosity to accumulate, in his own person and family a number of lucrative employments; to provide, at the public expence, for every creature that bears the name of Manners; and, neglecting the merit and services of the rest of the army, to heap promotions upon his favourites and dependants; the present commander in chief is the most generous man alive. Nature has been sparing of her gifts to this noble Lord; but where birth and fortune are united, we expect the noble pride and independance of a man of spirit, not the servile humiliating complaisance of a courtier. As to the goodness of his heart, if a proof of it be taken from


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(16) Deputy Administrator, Agency for International Development. (17) Chairman, Civil Aeronautics Board. (18) Chairman of the United States Civil Service Commission. (19) Chairman, Federal Communications Commission. (20) Chairman, Board of Directors, Federal Deposit Insurance (Corporation. (21) Chairman of the Federal Home Loan Bank Board. (22) Chairman, Federal Power (Commission. (23) Chairman, Federal Trade Commission. (24) Chairman, Interstate Commerce Commission. (25) Chairman, National Labor Relations Board. (26) Chairman, Securities and Exchange Commission. (27) Chairman, Board of Directors of the Tennessee Valley Authority. (28) Chairman, National Mediation Board. (29) Chairman, Railroad Retirement Board. (30) Chairman, Federal Maritime Commission. (31)- Comptroller of the Currency. (32) Commissioner of Internal Revenue. (33) Director of Defense Research and Engineering, Department of Defense. (34) Deputy Administrator of the National Aeronautics and Space Administration. (35) Deputy Director of the Bureau of the Budget. (36) Deputy Director of Central Intelligence. (37) Director of the Office of Emergency Planning, (38) Director of the Peace Corps, (39) Chief Medical Director in the Department of Medicine and Surgery, Veterans' Administration. (40) Director of the National Science Foundation. (41) Deputy Administrator of the Housing and Home Finance Agency. (42) President of the Export-Import Bank of Washington. (43) Members, Atomic Energy Commission. (44) Members, Board of (jovernors of the Federal Reserve System. (45) Director of the Federal Bureau of Investigation, Department of Justice, § 5315. Positions at level IV Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $27,000: (1) Administrator, Bureau of Security and Consular Affairs, Department of State, (2) Deputy Administrator of the Federal Aviation Agency, (3) Deputy Administrator of General Services, (4) Associate Administrator of the National Aeronautics and Space Administration, (5) Assistant Administrators, Agency for International Development (6), (6) Regional Assistant Administrators, Agency for International Development (4), (7) Under Secretary of the Air Force. (8) Under Secretary of the Army. (9) Under Secretary of the Navy. (10) Deputy Under Secretaries of State (2).

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Assistant Assistant Assistant Assistant Assistant Assistant Assistant

[80 STAT.

Secretaries of Agriculture (3). Secretaries of Commerce (4). Secretaries of Defense (7). Secretaries of the Air Force (3). Secretaries of the Army (3). Secretaries of the Navy (3). Secretaries of Health, Education, and Welfare

(18) Assistant Secretaries of the Interior (4). (19) Assistant Attorneys General (9). (20) Assistant Secretaries of Labor (4). (21^ Assistant Postmasters General (5). (22) Assistant Secretaries of State (11). (23) Assistant Secretaries of the Treasury (4). (24) Chairman of the United States Tariff Commission. (25) Commissioner, Community Facilities Administration. (26) Commissioner, Federal Housing Administration. (27) Commissioner, Public Housing Administration. (28) Commissioner, Urban Renewal Administration. (29) Director of Civil Defense, Department of the Army. (30) Director of the Federal Mediation and Conciliation Service. (31) Deputy Chief Medical Director in the Department of Medicine and Surgery, Veterans' Administration. (32) Deputy Director of the Office of Emergency Planning. (33) Deputy Director of the Office of Science and Technology. (34) Deputy Director of the Peace Corps. (35) Deputy Director of the United States Arms Control and Disarmament Agency. (36) Deputy Director of the United States Information Agency. (37^ Assistant Directors of the Bureau of the Budget (3). (38) General Counsel of the Department of Agriculture. (39) General Counsel of the Department of Commerce. (40) General Counsel of the Department of Defense. (41) General Counsel of the Department of Health, Education, and Welfare. (42) Solicitor of the Department of the Interior. (43^ Solicitor of the Department of Labor. (44) General Counsel of the National Labor Relations Board. (45) General Counsel of the Post Office Department. j(46) Counselor of the Department of State. (47) Legal Adviser of the Department of State. (48) General Counsel of the Department of the Treasury. (49) First Vice President of the Export-Import Bank of Washington. (50) General Manager of the Atomic Energy Commission. (51) Governor of the F a r m Credit Administration. (52) Inspector General, Foreign Assistance. (53) Deputy Inspector General, Foreign Assistance. (54) Members, Civil Aeronautics Board. (55) Members, Council of Economic Advisers. (56) Members, Board of Directors of the Export-Import Bank of Washington. (57) Members, Federal Communications Commission. (58) Member, Board of Directors of the Federal Deposit Insurance Corporation.

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r59) Members, Federal Home Loan Bank Board. (60) Members, Federal Power Commission. (61) Members, Federal Trade Commission. (62) Members, Interstate O m m e r c e Commission. (63) Members, National Labor Relations Board. (64) Members, Securities and Exchange Commission. (65) Members, Board of Directors of the Tennessee Valley Authority. (66) Members, United States Civil Service Commission. (67) Members, Federal Maritime Commission. (68) Members, National Mediation Board. (69) Members, Railroad Retirement Board. (70) Director of Selective Service. (71) Associate Director of the Federal Bureau of Investigation, Department of Justice. (72) Chairman, Equal Employment Opportunity Commission. (73) Chief of Protocol, Department of State. (74) Director, Bureau of Intelligence and Research, Department of State. (75) Director, Community Relations Service. (76) United States Attorney for the District of Columbia. (77) United States Attorney for the Southern District of New York. § 5316. Positions at level V Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $26,000: (1) Administrator, Agricultural Marketing Service, Department of Agriculture. (2) Administrator, Agricultural Research Service, Department of Agriculture. (3) Administrator, Agricultural Stabilization and Conservation Service, Department of Agriculture. (4) Administrator, Farmers Home Administration. (5) Administrator, Foreign Agricultural Service, Department of Agriculture. (6) Administrator, Rural Electrification Administration, Department of Agriculture. (7) Administrator, Soil Conservation Service, Department of Agriculture. (8) Administrator, Bonneville Power Administration, Department of the Interior. (9) Administrator of the National Capital Transportation Agency. (10) Administrator of the Saint Lawrence Seaway Development Corporation. (11) Deputy Administrators of the Small Business Administration (4). (12) Associate Administrator for Administration, Federal Aviation Agency. (13) Associate Administrator for Development, Federal Aviation Agency. (14) Associate Administrator for Programs, Federal Aviation Agency. (15) Associate Administrator for Advanced Research and Technology, National Aeronautics and Space Administration. (16) Associate Administrator for Space Science and Applications, National Aeronautics and Space Administration.

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(17) Associate Administrator for Manned Space Flight, National Aeronautics and Space Administration. (18) Associate Deputy Administrator, National Aeronautics and Space Administration. (19) Deputy Associate Administrator, National Aeronautics and Space Administration. (20) Associate Deputy Administrator of Veterans' Affairs. (21) Archivist of the United States. (22) Area Redevelopment Administrator, Department of Commerce. (23) Assistant Secretary of Agriculture for Administration. (24) Assistant Secretary of Health, Education, and Welfare for Administration. (25) Assistant Secretary of the Interior for Administration. (26) Assistant Attorney General for Administration. (27) Assistant Secretary of Labor for Administration. (28) Assistant Secretary of the Treasury for Administration. (29) Assistant General Manager, Atomic Energy Commission. (30) Assistant and Science Adviser to the Secretary of the Interior. (31) Chairman, Foreign Claims Settlement Commission of the United States. (32) Chairman of the Military Liaison Committee to the Atomic Energy Commission, Department of Defense. (33) Chairman of the Renegotiation Board. (34) Chairman of the Subversive Activities Control Board. (35) Chief Counsel for the Internal Revenue Service, Department of the Treasury. (36) Chief Forester of the Forest Service, Department of Agriculture. (37) Chief Postal Inspector, Post Office Department. (38) Chief, Weather Bureau, Department of Commerce. (39) Commissioner of Customs, Department of the Treasurer. (40) Commissioner, Federal Supply Service, General Services Administration. (41) Commissioner of Education, Department of Health, Education, and Welfare. (42) Commissioner of Fish and Wildlife, Department of the Interior. (43) Commissioner of Food and Drugs, Department of Health, Education, and Welfare. (44) Commissioner of Immigration and Naturalization, Department of Justice. (45) Commissioner of Indian Affairs, Department of the Interior. (46) Chief Commissioner, Indian Claims Commission.^ (47) Associate Commissioners, Indian Claims Commission (2). (48 J Commissioner of Patents, Department of Commerce. (49) Commissioner, Public Buildings Service, General Services Administration. (50) Commissioner of Reclamation, Department of the Interior. (51) Commissioner of Social Security, Department of Health, Education, and Welfare. (52) Commissioner of Vocational Rehabilitation, Department of Health, Education, and Welfare.

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14 the facility of never refusing, what conclusion shall we draw from the indecency of never performing? And if the discipline of the army be in any degree preserved, what thanks are due to a man, whose cares, notoriously confined to filling up vacancies, have degraded the office of commander in chief into a broker of commissions?

respect to the navy, I shall only say that this country is so highly indebted to Sir Edward Hawke, that no expence should be spared to secure to him an honourable and affluent retreat.

pure and impartial administration of justice is, perhaps, the firmest bond to secure a chearful submission of the people, and to engage their affections to government. It is not sufficient that questions of private right or wrong are justly decided, nor that judges are superior to the vileness of pecuniary corruption. Jefferies himself, when the court had no interest, was an upright judge. A court of justice may be subject to another sort of bias, more important and pernicious, as it reaches beyond the interest of individuals, and affects the whole community. A judge


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(53) Commissioner of Welfare, Department of Health, Education, and Welfare. (54) Director, Advanced Research Projects Agency, Department of Defense. (55) Director of Agricultural Economics, Department of Agriculture. ' 56) Director, Bureau of the Census, Department of Commerce. ^ 57) Director, Bureau of Mines, Department of the Interior. (58) Director, Bureau of Prisons, Department of Justice. (59) Director, Geological Survey, Department of the Interior. (60) Director, Office of Research and Engineering, Post Office Department. (61) Director, National Bureau of Standards, Department of Commerce. Director of Regulation, Atomic Energy Commission. Director of Science and Education, Department of Agriculture. (64) Deputy Under Secretary for Monetary Affairs, Department of the Treasury. (65) Deputy Commissioner of Internal Revenue, Department of the Treasury. (66) Deputy Director, National Science Foundation. (67) Deputy Director, Policy and Plans, United States Information Agency. (68^ Deputy General Counsel, Department of Defense. ^69) Deputy General Manager, Atomic E n e r ^ Commission. (70) Associate Director of the Federal Mediation and Conciliation Service. (71) Associate Director for Volunteers, Peace Corps. (72) Associate Director for Program Development and Operations, Peace Corps. (73) Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2). (74^ Assistant Directors, Office of Emergency Planning (3). (75) Assistant Directors, United States Arms Control and Disarmament Agency (4). (76) Federal Highway Administrator, Department of Commerce. Fiscal Assistant Secretary of the Treasury. General Counsel of the Agency for International Development. (79) General Counsel of the Department of the Air Force, (80) General Counsel of the Department of the Army.

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(81) General Counsel of the Atomic Energy Commission. (82) General Counsel of the Federal Aviation Agency. (83) General Counsel of the Housing and Home Finance Agency. (84) General Counsel of the Department of the Navy. (85) General Counsel of the United States Arms Control and Disarmament Agency. (86) General Counsel of the National Aeronautics and Space Administration. (87) Governor of the Canal Zone. (88) Manpower Administrator, Department of Labor. (89) Maritime Administrator, Department of Commerce. (90) Members, Foreign Claims Settlement Commission of the United States. (91) Members, Renegotiation Board. (92) Members, Subversive Activities Control Board. (93) Members, United States Tariff Commission. (94) President of the Federal National Mortgage Association. (95) Special Assistant to the Secretary (Health and Medical Affairs), Department of Health, Education, and Welfare. (96) Deputy Directors of Defense Research and Engineering, Department of Defense (4). (97) Assistant Administrator of General Services. (98) Director, United States Travel Service, Department of Commerce. (99) Executive Director of the United States Civil Service Commission. (100) Administrator, Wage and Hour and Public Contracts Division, Department of Labor. (101) Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. (102) Assistant General Managers, Atomic Energy Commission (2). (103) Associate Director (Policy and Plans), United States Information Agency. (104) Chief Benefits Director, Veterans' Administration. (105) Commissioner of Labor Statistics, Department of Labor. (106) Deputy Director, National Security Agency. (107) Director, Bureau of Land Management, Department of the Interior. (108) Director, National Park Service, Department of the Interior. (109) Director of International Scientific Affairs, Department of State. (110) General Counsel of the Veterans' Administration. (111) Members, Equal Employment Opportunity Commission (4). (112) National Export Expansion Coordinator, Department of Commerce. (113) Special Assistant to the Secretary of Defense. (114) Staff Director, Commission on Civil Rights. (115) United States Attorney for the Northern District of Illinois. (116) United States Attorney for the Southern District of California.

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§ 5317. Presidential authority to place positions at levels IV and V In addition to the positions listed in sections 5315 and 5316 of this title, the President, from time to time, may place in levels IV and V of the Executive Schedule positions held by not to exceed 30 individuals when he considers that action necessary to reflect changes in organization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appointment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this section shall be published in the Federal Register, except when the President determines that the publication would be contrary to the interest of national security. The President may not take action under this section with respect to a position the pay for which is fixed at a specific rate by this subchapter or by statute enacted after August 14, 1964.

SUBCHAPTER III—GENERAL SCHEDULE PAY RATES §5331. Definitions; application (a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by section 5102 of this title. (b) This subchapter applies to employees and positions to which chapter 51 of this title applies. § 5332. The General Schedule (a) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. GENERAL SCHEDULE Annual rates and steps

Grade 1 GS-1 GS-2 OS-3 GS-4 GS-5 GS-6 GS-7 GS-8 GS-9 GS-10 GS-11 GS-12 GS-13 GS-14 GS-15.GS-16.GS-17 GS-18

2

3

4

5

6

7

8

9

$3,385 3,680 4,005 4,480 6,000 5,606 6,060 6,630 7,220 7,900 8,650 10,250 12,075 14,170 16,460 18,935 21,445 24,500

$3,500 3,805 4,140 4,630 5,165 5,690 6,250 6,860 7,466 8,170 8,946 10,605 12, 496 14,660 17,030 19,590 22,196

$3,615 3,930 4,275 4,780 5,330 6,875 6,450 7,070 7,710 8,440 9,240 10,960 12,916 15,160 17,600 20,245 22,945

$3,730 4,056 4,410 4,930 5,495 6,060 6,650 7,290 7,965 8,710 9,535 11,315 13,335 15,640 18,170 20,900 23,695

$3,845 4,180 4,546 5,080 6,660 6,245 6,850 7,510 8,200 8,980 9,830 11,670 13,756 16,130 18, 740 21, 655 24,446

$3,960 4,305 4,680 5,230 5,825 6,430 7,050 7,730 8,445 9,260 10,125 12,025 14,175 16,620 19,310 22,210

$4,075 4,430 4,815 5,380 5,990 6,615 7,250 7,960 8,690 9,520 10,420 12,380 14, 596 17,110 19,880 22,866

$4,190 4,655 4,950 6,530 6,155 6,800 7,450 8,170 8,935 9,790 10, 715 12,735 15,015 17,600 20,450 23,620

$4,305 4,680 5,085 6,680 6,320 6,985 7,650 8,390 9,180 10,060 11,010 13,090 16,435 18,090 21,020 24,176

10 $4,420 4,805 5,220 5,830 6,485 7,170 7,850 8,610 9,425 10,330 11,305 13,445 15,855 18,680 21,690

(b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by section 5504(b) of this title. §5333. Minimum rate for new appointments; higher rates for supervisors of wage-board employees (a) New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Civil Service Commission which provide for such considerations as

P u b l i c a t i o n in Federal Register.

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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 Commission in each specific case, an individual to a position in GS-13 or above at such a rate above the minimum rate of the appropriate grade as the Commission may authorize for this purpose. The approval of the Commission in each specific case is not required with respect to an appointment made by the Librarian of Congress. (b) Under regulations prescribed by the Civil Service Commission, 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. §5334. Rate on change of position or type of appointment; regulations (a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Civil Service Commission in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position m the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. (b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to— (1) the maximum rate of the higher grade; or (2) his existing rate of basic pay, if that rate is the higher. If an employee so promoted or transferred is receiving basic pay at a rate saved to him under section 5337 of this title on reduction in grade, he is entitled to— (A) basic pay at a rate two steps above the rate which he would be receiving if section 5337 of this title were not applicable to him; or (B) his existing rate of basic pay, if that rate is the higher. (c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Clerk of the House of Representatives, and who has completed two or more years of service as such an em-

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ployee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed— (1) at the minimum rate of the appropriate grade; or (2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch. (d) The Commission may prescribe regulations governing the retention of the rate of basic pay of an employee who together with his position is brought under this subchapter and chapter 51 of this title. If an employee so entitled to a retained rate under these regulations is later demoted to a position under this subchapter and chapter 51 of this title, his rate of basic pay is determined under section 5337 of this title. However, for the purpose of section 5337 of this title, service in the position which was brought under this subchapter and chapter 51 of this title is deemed service under this subchapter and chapter 51 of this title. (e) The rate of pay established for a teiaching position as defined by section 901 of title 20 held by an individual who becomes subject to subsection (a) of this section is deemed increased by 20 percent to determine the yearly rate of pay of the position. § 5335. Periodic step-increases (a) An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the ^ a d e at the beginning of the next pay period following the completion of— (1) each 52 calendar weeks of service in pay rates 1, 2, and 3; (2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or (3) each 156 calendar weeks of service in pay rates 7, 8, and 9; subject to the following conditions: (A) the employee did not receive an equivalent increase in pay from any cause during that period; and (B) the work of the employee, except a hearing examiner appointed under section 3105 of this title, is of an acceptable level of competence as determined by the head of the agency. (b) Under regulations prescribed by the Civil Service Commission, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential nonGovernment civilian employment during a period of war or national emergency. (c) An increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this section. (d) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. § 5336. Additional step-increases (a) Within the limit of available appropriations and under regulations prescribed by the Civil Service Commission, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.

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(b) A step-increase under this section is in addition to those under section 6335 of this title and is not an equivalent increase in pay within the meaning of section 5335(a) of this title. (c) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. § 5337. Pay saving (a) Subject to the limitation in subsection (b) of this section, an employee— (1) who is reduced in grade from a grade of the General Schedule; (2) who holds a career or career-conditional appointment in the competitive service, or an appointment of equivalent tenure in the excepted service or in the government of the District of Columbia; (3) whose reduction in grade is not (A) caused by a demotion for personal cause, (B) at his request, (C) effected in a reduction in force due to lack of funds or curtailment of work, or (D) with respect to a temporary promotion occurring after September 20, 1961, a condition of the temporary promotion to a higher grade; (4) who, for 2 continuous years immediately before the reduction in grade, served (A) in the same agency and (B) in a grade or grades higher than the grade to which demoted; and (5) whose work performance during the 2-year period is satisfactory or better; is entitled to basic pay at the rate to which he was entitled immediately before the reduction in grade (including each increase in rate of basic pay provided by statute) for a period of 2 years from the effective date of the reduction in grade, so long as he— (A) continues in the same agency without a break in service of one workday or more; (B) is not entitled to a higher rate of basic pay by operation of this subchapter or chapter 51 of this title; and (C) is not demoted or reassigned (i) for personal cause, (ii) at his request, or (iii) in a reduction in force due to lack of funds or curtailment of work. (b) The rate of basic pay to which an employee is entitled under subsection (a) of this section with respect to each reduction in grade to which this section applies may not exceed the sum of— (1) the minimum rate of the grade to which he is reduced under each reduction in grade to which this section applies (including each increase in rate of basic pay provided by statute); and (2) the difference between his rate immediately before the first reduction in grade to which this section applies (including each increase in rate of basic pay provided by statute) and the minimum rate of that grade which is three grades lower than the grade from which he was reduced under the first of the reductions m grade (including each increase in the rate of basic pay provided by statute). § 5338. Regulations The Civil Service Commission may prescribe regulations necessary for the administration of this subchapter.

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Rh under the influence of government, may be honest enough in the decision of private causes, yet a traitor to the public. When a victim is marked out by the ministry, this judge will offer himself to perform the sacrifice. He will not scruple to prostitute his dignity, and betray the sanctity of his office, whenever an arbitrary point is to be carried for government, or the resentment of a court to be gratified.

principles and proceedings, odious and contemptible as they are, in effect are no less injudicious. A wise and generous people are roused by every appearance of oppressive, unconstitutional measures, whether those measures are supported only by the power of government, or masked under the forms of a court of justice. Prudence and self-preservation will oblige the most moderate dispositions to make common cause, even with a man whose conduct they censure, if they see him persecuted in a way which the real spirit of the laws will not justify. The facts, on which these remarks are founded, are too notorious to require an application.


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SUBCHAPTER IV—PREVAILING RATE SYSTEMS § 5341. Trades and crafts (a) The pay of employees excepted from chapter 51 of this title by section 5102(c)(7) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. (b) When the Civil Service Commission concurs in a finding by the employing agency that in a given area the number of employees to whom this section applies is so few as to make prevailing rate determinations impracticable, these employees are subject to the provisions of subchapter III of this chapter and chapter 51 of this title which are applicable to positions of equivalent difficulty or responsibility. § 5342. Crews of vessels (a) Except as provided by subsection (b) of this section, the pay of officers and members of crews of vessels excepted from chapter 51 of this title by section 5102(c)(8) of this title shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and practices in the maritime industry. (b) Vessel employees of the Panama Canal Company may be paid in accordance with the wage practices of the maritime industry. § 5343. Effective date of pay increase Each increase in rates of basic pay granted, pursuant to a wage survey, to employees whose pay is fixed and adjusted under section 5341 of this title is effective, as follows: (1) If the wage survey is made by an agency, either alone or with another agency, with respect to its own employees, the increase is effective for its employees not later than the first day of the first pay period which begins after the 44th day, excluding Saturdays and Sundays, following the date on which the wage survey was ordered to be made. (2) If the wage survey is made by an agency, either alone or with another agency, and is used by an agency which did not participate in making the survey, the increase is effective for the employees of the agency which did not participate in the survey not later than the first day of the first pay period which begins after the 19th day, excluding Saturdays and Sundays, following the date on which the agency which did not participate receives the data collected in the survey necessary for the granting of the increase. § 5344. Retroactive pay (a) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in section 5343 of this title only when— (1) the individual is in the service of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or (2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period. (b) For the purpose of this section, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.

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SUBCHAPTER V—STUDENT-EMPLOYEES § 5351. Definitions For the purpose of this subchapter— (1) "agency" means an Executive agency, a military department, and the government of the District of Columbia; and (2) "student-employee" means— (A) a student nurse, medical or dental intern, resident-intraining, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and (B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Civil Service Commission. §5352. Stipends The head of each agency shall fix the stipends of his student-employees. The stipend may not exceed the applicable maximum prescribed by the Civil Service Commission. § 5353. Quarters, subsistence, and laundry An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations. § 5354. Effect of detail or affiliation; travel expenses (a) Status as a student-employee is not terminated by a temporary detail to or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this subchapter from the hospital, clinic, or laboratory to which he is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency. (b) When the detail or affiliation under subsection (a) of this section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of chapter 57 of this title. § 5355. Elfect on other statutes This subchapter does not limit the authority conferred on the Administrator of Veterans' Affairs by chapter 73 of title 38. §5356. Appropriations Funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter.

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SUBCHAPTER VI—MISCELLANEOUS PROVISIONS § 5361. Scientific and professional positions Subject to the approval of the Civil Service Commission, the head of the agency concerned shall fix the annual rate of basic pay for scientific and professional positions established under section 3104 of this title at not less than the minimum rate for GS-16 nor more than the maximum rate for GS-18. § 5362. Hearing examiners Hearing examiners appointed under section 3105 of this title are entitled to pay prescribed by the Civil Service Commission independently of agency recommendations or ratings and in accordance with subchapter III of this chapter and chapter 51 of this title. § 5363. Limitation on pay fixed by administrative action Except as provided by the Government Employees Salary Keform Act of 1964 (78 Stat. 400) and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the maximum rate for GS-18. This section does not impair the authorities provided by— (1) section 121 of title 2, Canal Zone Code (76A Stat. 15); (2) sections 248,481, and 1819 of title 12; (3) section 831b of title 16; or (4) sections 403a-403c, 403e-403h, and 403j of title 50. §5364. Miscellaneous positions in the executive branch The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422), or other position ni the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in section 5332 of this title. The head of the agency con- ^ Publication in cerned shall report each action taken under this section to the Civil Federal Register, Service Commission and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security. CHAPTER 55—PAY ADMINISTRATION SUBCHAPTER I—GENERAL PROVISIONS Sec.

5501. Disposition of money accruing from lapsed salaries or unused appropriations for salaries. 5r»02. Unauthorized office; prohibition on use of funds. 5503. Recess appointments. 5504. Biweekly pay periods; computation of pay. 5505. Monthly pay periods; computation of pay. 5506. Computation of extra pay based on standard or daylight saving time. 5507. Officer affidavit; condition to pay. 5.^)08. Officer entitled to leave; effect on pay status. 5509. Appropriations.

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SUBCHAPTER II—WITHHOLDING PAY Sec. 5511. 5512. 5513. 5514. 5515. 5516. 5517. 5518.

Withholding J)ay; employees removed for cause. Withholding pay; individuals in arrears. Withholding pay; credit disallowed or charge raised for payment. Installment deduction for indebtedness because of erroneous payment. Crediting amounts received for jury service in State courts. Withholding District of Columbia income taxes. Withholding State income taxes. Deductions for State retirement systems; National Guard employees.

SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY Sec. 5521. 5522. 5523. 5524. 5525. 5526. 5527.

Definitions. Advance payments; rates; amounts recoverable. Duration of payments; rates; active service period. Review of accounts. Allotment and assignment of pay. Funds available on reimbursable basis. Regulations.

SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT Sec. 5531. Definitions. 5532. Employment of retired ofllcers of the uniformed services; reduction in retired or retirement pay; exceptions. 5533. Dual pay from more than one position; limitations; exceptions. 5534. Dual employment and pay of Reserves and National Guardsmen. 5535. Extra pay for details prohibited. 5536. Extra pay for extra services prohibited. 5537. Fees for jury service in courts of the United States.

SUBCHAPTER V—PREMIUM PAY Sec. 5541. 5542. 5543. 5544. 5545. 5546. 5547. 5548. 5549.

Definitions. Overtime rates; computation. Compensatory time off. Wage-board overtime rates; computation. Night, standby, and irregular djity differential. Pay for holiday work. Limitation on premium pay. Regulations. Effect on other statutes.

SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE Sec. 5551. Lump-sum payment for accumulated and accrued leave on separation. 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election.

SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES Sec. 5561. Definitions. 5562. Pay and allowances; continuance while in a missing status; limitations. 5563. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations. 5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable. 5565. Agency review. 5566. Agency determinations. 5567. Settlement of accounts. 5568. Income tax deferment.

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SUBCHAPTER VIII — SETTLEMENT OF ACCOUNTS Sec. 5581. Definitions. 5582. Designation of beneficiary; order of precedence. 5583. Payment of money due; settlement of accounts.

SUBCHAPTER IX—BACK P A Y

Sec. 5591. Back pay; individuals reinstated or restored after removal or suspension for cause. 5592. Back pay; preference eligibles reinstated or restored after removal, suspension, or furlough. 5593. Back pay; individuals reinstated or restored after reduction in force. 5594. Back pay; individuals reinstated or restored after suspension or removal for national security,

SUBCHAPTER I—GENERAL PROVISIONS § 5501. Disposition of money accruing from lapsed salaries or unused appropriations for salaries Money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States. An individual who violates this section shall be removed from the service. § 5502. Unauthorized office; prohibition on use of funds (a) Payment for services may not be made from the Treasury of the United States to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law. (b) Except as otherwise provided by statute, public money and appropriations may not be used for pay or allowance for an individual employed by an official of the United States retired from active service. § 5503. Recess appointments (a) Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply— (1) if the vacancy arose within 30 days before the end of the session of the Senate; (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment. (b) A nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate. § 5504. Biweekly pay periods; computation of pay (a) The pay period for an employee covers two administrative workweeks. For the purpose of this subsection, "employee" means— (1) an employee in or under an Executive agency;

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(2) an employee in or under the Office of the Architect of the . Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(c) of this title; and (3) an individual employed by the government of the District of Columbia; but does not include— (A) an employee on the Isthmus of Panama in the service of the Canal Zone Government or the Panama Canal Company; or (B) an employee or individual excluded from the definition of employee in section 5541(2) of this title. (b) For pay computation purposes affecting an employee, the annual rate of basic pay established by or under statute is deemed payment for employment during 52 basic administrative workweeks of 40 hours. When it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern: (1) To derive an hourly rate, divide the annual rate by 2,080. (2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required. (3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be. Rates are computed to the nearest cent, counting one-half and over as a whole cent. For the purpose of this subsection, "employee" means— (A) an employee in or under an Executive agency; (B) an employee in or under the judicial branch; (C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under section 6101(c) of this title; and (D) an individual employed by the government of the District of Columbia; but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title. (c) The Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. § 5505. Monthly pay periods; computation of pay The pay period for an individual in the service of the United States whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern: (1) A month's pay is one-twelfth of a year's pay. (2) A day's pay is one-thirtieth of a month's pay. (3) The 31st day of a calendar month is ignored in computing pay, except that one day's pay is forfeited for one day's unauthorized absence on the 31st day of a calendar month. (4) For each day of the month elapsing before entering the service, one day's pay is deducted from the first month's pay of the individual. This section does not apply to an employee whose pay is computed under section 5504(b) of this title. § 5506. Computation of extra pay based on standard or daylight saving time When an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia

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is entitled to extra pay for services performed between or after certain named hours of the day or night, the extra pay is computed on the basis of either standard or daylight saving time, depending on the time observed by law, custom, or practice where the services are performed. § 5507. Officer affidavit; condition to pay An officer required by section 3332 of this title to file an affidavit may not be paid until the affidavit has been filed. § 5508. Officer entitled to leave; effect on pay status An officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of chapter 63 of this title applies are not entitled to the pay of their offices solely because of their status as officers. §5509. Appropriations There are authorized to be appropriated sums necessary to carry out the provisions of this title.

SUBCHAPTER II—WITHHOLDING PAY § 5511. Withholding pay; employees removed for cause (a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated. (b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States. § 5512. Withholding pay; individuals in arrears (a) The pay of an individual in arrears to the United States shall be withheld until he has accounted for and paid into the Treasury of the United States all sums for which he is liable. (b) When pay is withheld under subsection (a) of this section, the General Accounting Office, on request of the individual, his agent, or his attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the mdividual and his sureties. § 5513. Withholding pay; credit disallowed or charge raised for payment When the General Accounting Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official. § 5514. Installment deduction for indebtedness because of erroneous payment (a) When the head of the agency concerned or his designee determines that an employee, a member of the armed forces, or a Reserve of the armed forces, is indebted to the United States because of an erroneous payment made by the agency to or on behalf of the individual, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period 65-300 0-67—33

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16, Sir, is the detail. In one view, behold a nation overwhelmed with debt; her revenues wasted; her trade declining; the affections of her colonies alienated; the duty of the magistrate transferred to the soldiery; a gallant army, which never fought unwillingly but against their fellow-subjects, mouldering away for want of the direction of a man of common abilities and spirit; and, in the last instance, the administration of justice become odious and suspected to the whole body of the people. This deplorable scene admits of but one addition—that we are governed by counsels, from which a reasonable man can expect no remedy but poison, no relief but death.

, by the immediate interposition of Providence, it were possible for us to escape a crisis so full of terror and despair, posterity will not believe the history of the present times. They will either conclude that our distresses were imaginary, or that we had the good fortune to be governed by men of acknowledged integrity and wisdom: they will not believe it possible that their ancestors could have survived or recovered from so desperate


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intervals, by deduction in reasonable amounts from the current pay account of the individual. The deductions may be made only from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period of active duty or employment, as the case may be. The amount deducted for any period may not exceed two-thirds of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated active duty or employment. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from later payments of any nature due the individual from the agency concerned. (b) The head of each agency shall prescribe regulations, subject to the approval of the Director of the Bureau of the Budget, to carry out this section and section 581d of title 31. Kegulations prescribed by the Secretaries of the military departments shall be uniform for the military services insofar as practicable. (c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and section 581d of title 31 do not repeal, modify, or amend section 4837(d) or 9837 (d) of title 10 or section 1007(b), (c) of title 37. § 5515. Crediting amounts received for jury service in State courts An amount received by an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia for jury service in a State court for a period during which the employee or individual is entitled to leave under section 6322 of this title shall be credited against pay payable by the United States or the District of Columbia to the employee or individual. § 5516. Withholding District of Columbia income taxes (a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Commissioners of the District of Columbia within 120 days of a request for agreement from the Commissioners. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter II of chapter 15 of title 47, District of Columbia Code, in the case of employees of the agency who are subject to income taxes imposed by that subchapter and whose regular place of employment is within the District of Columbia. The agreement may not apply to pay for service as a member of the armed forces, or to pay of an employee who is not a resident of the District of Columbia as defined in subchapter II of chapter 15 of title 47, District of Columbia Code. For the purpose of this subsection, "employee" has the meaning given it by section 1551c(z) of title 47, District of Columbia Code. (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. § 5517. Withholding State income taxes (a) When a State statute— (1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State; and

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(2) imposes the duty to withhold generally with respect to the pay of employees who are residents of the State; the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. The agreement may not apply to pay for service as a member of the armed forces. (b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency. (c) For the purpose of this section, "State" means a State or territory or possession of the United States. § 5518. Deductions for State retirement systems; National Guard employees When— (1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and (2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership m a State employee retirement system or other State sponsored plan; the Secretary of Defense, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Department of Defense shall comply with the requirements of State statute as to the individuals named by paragraph (2) of this section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authorities to receive sums withheld for the program the employee contributions for these individuals. For the purpose of this section, "State" means a State or territory or possession of the United States including the Commonwealth of Puerto Rico. SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY §5521. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; (B) the judicial branch; (C) the Library of Congress; (D) the Government Printing Office; and (E) the government of the District of Columbia;

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(2) "employee" means an individual employed in or under an agency; (3) "head of each agency" means— (A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and (B) the Board of Commissioners of the District of Columbia with respect to the government of the District of Columbia; and (4) "United States", when used in a geographical sense, means the several States and the District of Columbia. § 5522. Advance payments; rates; amounts recoverable (a) The head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose evacuation (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life or lives of the employee or of his dependents or immediate family. (D) Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, the advance payment of pay, allowances, and differentials is at rates currently authorized with respect to the employee on the date the advance payment is made under agency procedures governing advance payments under this subsection. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the evacuation order. (c) An advance of funds under subsection (a) of this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or his estate by— (1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and (2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance of funds under subsection (a) of this section, if it is shown that the recovery would be against equity and good conscience or against the public interest. § 5523. Duration of payments; rates; active service period (a) The head of each agency may provide for— (1) the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency)— (A) whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the employee; and (B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the posi-

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tion which he held immediately before issuance of the evacuation order; and (2) the termination of payment of the monetary amounts. The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States. (b) Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, each payment under this section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments under this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the evacuation order. A n employee in an Executive agency may be granted such additional allowance payments as the President determines necessary to offset the direct added expenses incident to the evacuation. (c) Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia. § 5524. Review of accounts The head of each agency shall provide for— (1) the review of the account of each employee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of— (A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under section 5523(b) of this title. § 5525. Allotment and assignment of pay The head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assignments of amounts out of his pay for such purpose as the head of the agency considers appropriate. § 5526. Funds available on reimbursable basis Funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay, allowances, and differentials to or for the accounts of employees of another agency under this subchapter. §5527. Regulations (a) To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter.

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(b) The President, with respect to the Executive agencies, and the head of the agency concerned, with respect to the appropriate agency outside the executive branch, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. (c) The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.

SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT §5531. Definitions For the purpose of sections 5532 and 5533 of this title— (1) "officer" has the meaning given it by section 101 of title 37; and (2) "position" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation and a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia. § 5532. Employment of retired officers of the uniformed services; reduction in retired or retirement pay; exceptions (a) For the purpose of this section, "period for which he receives pay" means the full calendar period for which a retired officer of a regular component of a uniformed service receives the pay of a position when employed on a full-time basis, but only the days for which he actually receives that pay when employed on a part-time or intermittent basis. (b) A retired officer of a regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he receives pay, his retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of the retired or retirement pay plus one-half of the remainder, if any. I n the operation of the formula for the reduction of retired or retirement pay under this subsection, the amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in retired or retirement pay under section 1401a(b) of title 10 to reflect changes in the Consumer Price Index. (c) The reduction in retired or retirement pay required by subsection (b) of this section does not apply to a retired officer of a regular component of a uniformed service— (1) whose retirement was based on disability— (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; or (2) employed on a temporary (full-time or part-time) basis, any other part-time basis, or an intermittent basis, for the first 30-day period for which he receives pay. jsjijjrs rti.il-'

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The Encyclopedia Americana (1920)/Frau Sorge

FRAU SORGE, frow'sôr'ge. ‘Frau Sorge,’ the first of Herman Sudermann's complete novels (1887) and the work which brought him his fame as a writer of fiction, as ‘Die Ehre,’ his first play, placed him in the front rank among contemporary dramatists, stands out in the long list of his novels and plays in two ways; as an art-work it is the most perfect, and it is the one which shows least the wear and tear of a generation of social change. Those may be merely two ways of saying the same thing; namely, that in a writer who combines, as Sudermann does, the qualities of a poet and a realist, the more highly imaginative works have a more permanent value than the controversial ones. Into

this grim tale of East Prussian peasant life, with its hint of autobiography in the spirit and the scene, if not in the story, Sudermann has infused something of the spirit of the epic, the narrative of the toiler battling against the forces of nature. The legend of Frau Sorge (Dame Care) with which the story ends and around which it is conceived is a fine bit of imaginative writing. It is the story of a mother so poor and lonely that she had no one to act as godmother for her son except Dame Care, who offers to see that the boy grows up to be a good man who shall never go hungry if his mother will give the boy's soul, with his youth and his hope of happiness, as a hostage to Dame Care. The rending of the charm by the power of a woman's love and the solemn, but never tragic, quality of the story, are distinguishing characteristics of Sudermann's work.


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The exemption from reduction in retired or retirement pay under paragraph (2) of this subsection does not apply longer than— (i) the first 30-day period for which he receives pay under one appointment from the position in which he is employed, if he is serving under not more than one appointment; and (ii) the first period for which he receives pay under more than one appointment, in a fiscal year, which consists in the aggregate of 30 days, from all positions in which he is employed, if he is serving under more than one appointment in that fiscal year, (d) Except as otherwise provided by this subsection, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (b) of this section when appropriate authority determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with respect to the United States House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each may provide for a means by which exceptions may be made to the restrictions in subsection (b) of this section wiien he determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration may except, at any time, an individual appointed to a scientific, engineering, or administrative position under section 2473(b)(2)(A) of title 42 from the restrictions in subsection (b) of this section when he determines that the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met, but not more than 30 exceptions may exist at any one time under this authority. § 5533. Dual pay from more than one position; limitations; exceptions (a) Except as provided by subsections (b), (c), and (d) of this section, an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday). (b) Except as otherwise provided by subsection (c) of this section, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained. (c) Unless otherwise authorized by law, appropriated funds are not available for payment to an individual of pay from more than one position if the aggregate amount of the basic pay from the positions IS more than $2,000 a year, and if— (1) the pay of one of the positions is paid by the Secretary of the Senate or the Clerk of the House of Representatives; or (2) one of the positions is under the Office of the Architect of the Capitol. (d) Subsection (a) of this section does not apply to— (1) pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day; (2) pay consisting of fees paid on other than a time basis; (3) pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;

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(4) pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his normal duties when the Authority considers it to be in the interest of efficiency and economy; (5) pay received by an individual holding a position— (A) the pay of which is paid by the Secretary of the Senate or the Clerk of the House of Representatives; or (B) under the Architect of the Capitol; (6) pay paid by the United States Coast Guard to an employee occupying a part-time position of lamplighter; and (7) pay within the purview of any of the following statutes: (A) section 162 of title 2; (B) section 23(b) of title 13; (C) section 327 of title 15; (D) section 907 of title 20; (E) section 873 of title 33; (F) section 3335(a) or (c) of title 39; (G) section 631 or 631a of title 31, District of Columbia Code; or (H) section 102 of title 2, Canal Zone Code, (e) This section does not apply to an individual employed under sections 174J-1 to 174J-7 or I74k of title 40. §5534. Dual employment and pay of Reserves and National Guardsmen A Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the United States or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard. § 5535. E x t r a pay for details prohibited (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345-3347 of this title. (b) An employee may not receive— (1) additional pay or allowances for performing the duties of another employee; or (2) pay in addition to the regular pay received for employment held before his appointment or d e s i ^ a t i o n as acting for or instead of an occupant of another position or employment. This subsection does not prevent a r e ^ l a r and permanent appointment by promotion from a lower to a higher grade of employment. § 5536. E x t r a pay for extra services prohibited An employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance. § 5537. Fees for j u r y service in courts of the United States An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia may not receive fees for jury service in a court of the United States.

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PUBLIC LAW 89-554-SEPT. 6, 1966 SUBCHAPTER V—PREMIUM PAY

§ 5541. Definitions For the purpose of this subchapter— (1) "agency" means— (A) an Executive agency; ( B W military department; c (C) an agency in the judicial branch; (D) the Library of Congress; (E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; and (2) "employee" means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include— (i) a justice or ludge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of the Metropolitan Police, the Fire Department of the District of (jolumbia, the United States P a r k Police, or the White House Police; (v) a student-employee as defined by section 5351 of this title; (vi) an employee in the postal field service; (vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix) an individual to whom section 1291(a) of title 50, appendix, applies; (x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives; (xi) an employee whose basic pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 of this title; (xii) an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Coast and Geodetic Survey, a vessel employee of the Department of the Interior, or a vessel employee of the Panama Canal Company; or (xiii) a "teacher" or an individual holding a "teaching position" as defined by section 901 of title 20. § 5542. Overtime rates; computation (a) Hours of work officially ordered or approved in excess of 40 hours in an administrative workweek performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates: (1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS-9, the overtime

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hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay. (2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-9, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS-9, and all that amount is premium pay. (b) For the purpose of this subchapter— (1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him, or for which he is required to return to his place of employment, is deemed at least 2 hours in duration; and (2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless— (A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or (B) the travel involves the performance of work while traveling or is carried out under arduous conditions. § 5543. Compensatory time off (a) The head of an agency may— (1) on request of an employee, grant the employee compensatory time off from his scheduled tour of duty instead of payment for an equal amount of time spent in irregular or occasional overtime work; and (2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS-9 shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under section 5542 of this title. (b) The Architect of the Capitol may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work. § 5544. Wage-board overtime rates; computation (a) An employee whose basic rate of pay is fixed and adjusted from time to tin^e in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his post of duty in excess of 8 hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time,.in excess of 40 a week. The overtime hourly rate of pay is computed as follows: (1) If the basic rate of pay of the emploj^ee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half. (2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. (b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to chapter

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51 and subchapter III of chapter 53 of this title is entitled to overtime pay for overtime work in accordance with subsection (a) of this section. The overtime hourly rate of pay is computed in accordance with subsection (a)(1) of this section. § 5545. Night, standby, and irregular duty differential (a) Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and mcludes— (1) periods of absence with pay during these hours due to holidays; and (2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours. Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify section 180 of title 31, or other statute authorizing additional pay for nightwork. (b) The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of nightwork for the purpose of subsection (a) of this section, at a post outside the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section. (c) The head of an agency, with the approval of the Civil Service Commission, may provide that— (1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for G S 9, by taking into consideration the number of hours of actual work required in the position, the number of hours required in a standby status at or within the confines of the station, the extent to which the duties of the position are made more onerous by night or holiday work, or by being extended over periods of more than 40 hours a week, and other relevant factors; or (2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty and duty at night and on holidays with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime duty. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 15 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-9, by taking into consideration the frequency and duration of night, holiday, and unscheduled overtime duty required in the position.

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§ 5546. Pay for holiday work (a) An employee who performs work on a holiday designated by Federal statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the Board of Commissioners of the District of Columbia, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not— (1) in excess of 8 hours; or (2) overtime work as defined by section 5542(a) of this title. (b) An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work. (c) An employee who performs overtime work as defined by section 5442(a) of this title on a Sunday or a designated holiday is entitled* to pay for that overtime work in accordance with section 5542(a) of this title. (d) Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545(a) and (b) of this title, providing premium pay for nightwork. § 5547. Limitation on premium pay An employee may be paid premium pay under this subchapter only to the extent that the payment does not cause his aggregate rate of pay for any pay period to exceed the maximum rate for GS-15. §5548. Regulations The Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5544, insofar as this subchapter affects employees in or under an Executive agency. § 5549. Effect on other statutes This subchapter does not prevent payment for overtime services or for Sunday or holiday work under any of the following statutes— (1) section 394 of title 7; (2) sections 1353a and 1353b of title 8; (3) sections 261, 267, 1450, 1451, 1451a, and 1452 of title 19; (4) section 382b of title 46; and (5) section 154(f)(3) of title 47. However, an employee may not receive premium pay under this subchapter for the same services for which he is paid under one of these statutes. SUBCHAPTER

VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

§ 5551. Lump-sum payment for accumulated and accrued leave on separation (a) An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, who is separated from the service or elects to receive a lump-sum payment for leave under section 5552 of this title, is entitled to receive a lumpsum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay the employee or individual would have received had he remained m the service until expiration of the period of the annual or vacation leave, except that it may not exceed pay for a period of annual or vacation leave in excess of 30 days or the number of days carried over to his credit at the beginning of the leave year in which entitlement to payment occurs, whichever is greater. The lump-sum payment is considered pay for taxation purposes only.

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