Subpart D - Pay and Allowances

TITLE 5 - US CODE - CHAPTER 51 - CLASSIFICATION

5 USC 5101 - Purpose

It is the purpose of this chapter to provide a plan for classification of positions whereby
(1) in determining the rate of basic pay which an employee will receive
(A) the principle of equal pay for substantially equal work will be followed; and
(B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and
(2) individual positions will, in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by section 5102 of this title, and the various classes will be so described in published standards, as provided by section 5105 of this title, that the resulting position-classification system can be used in all phases of personnel administration.

5 USC 5102 - Definitions; application

(a) For the purpose of this chapter
(1) agency means
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Printing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia; but does not include
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office; or[1]
(ix) [2] the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense.[3]
(2) employee means an individual employed in or under an agency;
(3) position means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) class or class of positions includes all positions which are sufficiently similar, as to
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;

to warrant similar treatment in personnel and pay administration; and

(5) grade includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule.
(b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.
(c) This chapter does not apply to [(1) Repealed. Pub. L. 91–375, § 6(c)(9), Aug. 12, 1970, 84 Stat. 776;]
(2) members of the Foreign Service whose pay is fixed under the Foreign Service Act of 1980; and positions in or under the Department of State which are
(A) connected with the representation of the United States to international organizations; or
(B) specifically exempted by statute from this chapter or other classification or pay statute;
(3) physicians, dentists, nurses, and other employees in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under chapter 73 of title 38;
(4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under chapter 15 of title 31, District of Columbia Code; the chief judges and the associate judges of the Superior Court of the District of Columbia and the District of Columbia Court of Appeals; and nonjudicial employees of the District of Columbia court system whose pay is fixed under title 11 of the District of Columbia Code;
(5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the Executive Protective Service; members of the police force of the National Zoological Park whose pay is fixed under section 5375 of this title; and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;
(6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432 (f) and (g) of title 14;
(7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Printing Office whose pay is fixed under section 305 of title 44;
(10) civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under section 1595, 4021, 7478, or 9021 of title 10; civilian professors, lecturers, and instructors at the Military Academy, the Naval Academy, and the Air Force Academy whose pay is fixed under sections 4338, 6952, and 9338, respectively, of title 10; senior professors, professors, associate and assistant professors, and instructors at the Naval Postgraduate School whose pay is fixed under section 7044 of title 10; the Provost and Academic Dean of the Naval Postgraduate School whose pay is fixed under section 7043 of title 10; civilian professors, instructors, and lecturers in the defense acquisition university structure (including the Defense Systems Management College) whose pay is fixed under section 1746 (b) of title 10;
(11) aliens or noncitizens of the United States who occupy positions outside the United States;
[(12) Repealed. Pub. L. 104–201, div. C, title XXXV, 3548(a)(2)(B), Sept. 23, 1996, 110 Stat. 3868;]
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474 (c)(2) of this title), except that with respect to the Veterans Canteen Service, Department of Veterans Affairs this paragraph applies only to employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by section 7802 of title 38;
(15) employees whose pay is fixed under a cooperative agreement between the United States and
(A) a State or territory or possession of the United States, or political subdivision thereof; or
(B) an individual or organization outside the service of the Government of the United States;
(16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of chapter 53 of this title or sections 7405 and 7406 of title 38;
(17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions;
(18) experts or consultants, when employed temporarily or intermittently in accordance with section 3109 of this title;
(19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals;
(20) employees employed on a fee, contract, or piece work basis;
(21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States;
(22) teachers and teaching positions as defined by section 901 of title 20;
(23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;
(24) temporary positions in the Bureau of the Census established under section 23 of title 13, and enumerator positions in the Bureau of the Census;
(25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the rate for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast Guard Academy whose pay is fixed under section 186 of title 14;
(27) members of the police of the Library of Congress whose pay is fixed under section 167 of title 2;
(28) civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under section 9314 of title 10;
(29) administrative law judges appointed under section 3105; or
(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.
(d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
(e) Except as may be specifically provided, this chapter does not apply for pay purposes to any employee of the government of the District of Columbia during fiscal year 2006 or any succeeding fiscal year.
[1] So in original. The word “or” probably should not appear.
[2] So in original. Subsec. (a)(1) does not contain a cl. (viii).
[3] So in original. The period probably should be a semicolon.

5 USC 5103 - Determination of applicability

The Office of Personnel Management shall determine finally the applicability of section 5102 of this title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol.

5 USC 5104 - Basis for grading positions

The General Schedule, the symbol for which is GS, is the basic pay schedule for positions to which this chapter applies. The General Schedule is divided into grades of difficulty and responsibility of work, as follows:
(1) Grade GS1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment
(A) the simplest routine work in office, business, or fiscal operations; or
(B) elementary work of a subordinate technical character in a professional, scientific, or technical field.
(2) Grade GS2 includes those classes of positions the duties of which are
(A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(3) Grade GS3 includes those classes of positions the duties of which are
(A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case
(i) some training or experience;
(ii) working knowledge of a special subject matter; or
(iii) to some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(4) Grade GS4 includes those classes of positions the duties of which are
(A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case
(i) a moderate amount of training and minor supervisory or other experience;
(ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(5) Grade GS5 includes those classes of positions the duties of which are
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in a limited field;
(B) to perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(6) Grade GS6 includes those classes of positions the duties of which are
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(7) Grade GS7 includes those classes of positions the duties of which are
(A) to perform, under general supervision, work of considerable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive working knowledge of a special and complex subject matter; procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment;
(B) under immediate or general supervision, to perform somewhat difficult work requiring
(i) professional, scientific, or technical training; and
(ii) to a limited extent, the exercise of independent technical judgment; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(8) Grade GS8 includes those classes of positions the duties of which are
(A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(9) Grade GS9 includes those classes of positions the duties of which are
(A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring
(i) somewhat extended specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment;
(B) with considerable latitude for the exercise of independent judgment, to perform moderately difficult and responsible work, requiring
(i) professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and
(ii) considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(10) Grade GS10 includes those classes of positions the duties of which are
(A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring
(i) somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(11) Grade GS11 includes those classes of positions the duties of which are
(A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and
(ii) intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;
(B) with wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(12) Grade GS12 includes those classes of positions the duties of which are
(A) to perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and
(ii) intimate grasp of a specialized and complex subject matter or of the profession, art, or science involved;
(B) under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice, or administration; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(13) Grade GS13 includes those classes of positions the duties of which are
(A) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and marked attainments;
(B) to serve as assistant head of a major organization involving work of comparable level within a bureau;
(C) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or
(D) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(14) Grade GS14 includes those classes of positions the duties of which are
(A) to perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(15) Grade GS15 includes those classes of positions the duties of which are
(A) to perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and national significance, along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.

5 USC 5105 - Standards for classification of positions

(a) The Office of Personnel Management, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Office may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Office, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Office may determine, the Office shall
(1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements;
(2) establish the official class titles; and
(3) set forth the grades in which the classes have been placed by the Office.
(b) The Office, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.
(c) The official class titles established under subsection (a)(2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.

5 USC 5106 - Basis for classifying positions

(a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.
(b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.
(c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised.

5 USC 5107 - Classification of positions

Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of chapter 53 of this title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Office.

5 USC 5108 - Classification of positions above GS15

(a) The Office of Personnel Management may, for any Executive agency
(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS15; and
(2) establish standards and procedures published by the Director of the Office of Personnel Management in such form as the Director may determine (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS15.
(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

5 USC 5109 - Positions classified by statute

(a) The position held by an employee of the Department of Agriculture while he, under section 450d of title 7, is designated and vested with a delegated regulatory function or part thereof shall be classified in accordance with this chapter, but not lower than GS14.
(b) 
(1) The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall be classified in accordance with this chapter, but not lower than GS12.
(2) The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter, but not lower than GS13.

5 USC 5110 - Review of classification of positions

(a) The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.
(b) When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.

5 USC 5111 - Revocation and restoration of authority to classify positions

(a) When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by section 5107 of this title and require that prior approval of the Office be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Office may limit the revocation or suspension to
(1) the departmental or field service, or any part thereof;
(2) a geographic area;
(3) an organization unit or group of organization units;
(4) certain types of classification actions;
(5) classes in particular occupational groups or grades; or
(6) classes for which standards have not been published.
(b) After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.

5 USC 5112 - General authority of the Office of Personnel Management

(a) Notwithstanding section 5107 of this title, the Office of Personnel Management may
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;
(2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter;
(3) decide whether a position is in its appropriate class and grade; and
(4) change a position from one class or grade to another class or grade when the facts warrant.

The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.

(b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.

5 USC 5113 - Classification records

The Office of Personnel Management may
(1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained;
(2) examine these or other pertinent records of the agency; and
(3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.

5 USC 5114 - Repealed. Pub. L. 99386, title I, 110(a), Aug. 22, 1986, 100 Stat. 822]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 456; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224, related to reports to Congress on positions in GS16, 17, and 18.

5 USC 5115 - Regulations

The Office of Personnel Management may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114.[1]
[1] See References in Text note below.

TITLE 5 - US CODE - CHAPTER 53 - PAY RATES AND SYSTEMS

TITLE 5 - US CODE - SUBCHAPTER I - PAY COMPARABILITY SYSTEM

5 USC 5301 - Policy

It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.

5 USC 5302 - Definitions

For the purpose of this subchapter
(1) the term statutory pay system means a pay system under
(A) subchapter III, relating to the General Schedule;
(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
(C) chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to section 7451 of title 38);
(2) the term ECI means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
(3) the base quarter for any year is the 3-month period ending on September 30 of such year;
(4) the term pay agent means the agent designated by the President under section 5304 (d)(1);
(5) the term locality or pay locality means any locality, as established or modified under section 5304;
(6) the term pay disparity, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;
(7) the term comparability payment means a payment payable under section 5304;
(8) the term rates of pay under the General Schedule, rates of pay for the General Schedule, or scheduled rates of basic pay means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and
(9) the term General Schedule position means any position to which subchapter III applies.

5 USC 5303 - Annual adjustments to pay schedules

(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(b) 
(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall
(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and
(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Governments ability to recruit and retain well-qualified employees.
(c) The rates of basic pay that take effect under this section
(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and
(2) shall be printed in the Federal Register and the Code of Federal Regulations.
(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335.
(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action.
(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate.

5 USC 5304 - Locality-based comparability payments

(a) Pay disparities shall be identified and reduced as follows:
(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2) 
(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that
(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than 1/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than 2/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than 1/2 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than 3/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than 4/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and
(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent.
(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a localitys pay disparity completely.
(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable).
(c) 
(1) The amount of the comparability payment payable within any particular locality during a calendar year
(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and
(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employees scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g).
(2) A comparability payment
(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and
(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section.
(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303.
(4) 
(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section.
(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality.
(d) In order to carry out this section, the President shall
(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that
(A) compares the rates of pay under the General Schedule (disregarding any described in section 5302 (8)(C))1 with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate surveys that shall be conducted by the Bureau of Labor Statistics;
(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable);
(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and
(D) includes the views and recommendations submitted under subsection (e);
(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and
(3) transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall
(A) identify each pay locality;
(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agents most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and
(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year.
(e) 
(1) The President shall establish a Federal Salary Council of 9 members, of whom
(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and
(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.

Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. However, members under subparagraph (A) may be paid expenses in accordance with section 5703. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347 (a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council.

(2) The pay agent shall
(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding
(i) the establishment or modification of pay localities;
(ii) the coverage of the surveys of pay localities conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries to be surveyed, and how pay localities are to be surveyed);
(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and
(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section;
(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)(iv); and
(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council.
(f) 
(1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that
(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701 (6)) shall be included with a pay locality; and
(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers.
(2) 
(A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section.
(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A).
(g) 
(1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for
(A) positions under subparagraphs (A) and (B) of subsection (h)(1); and
(B) any positions under subsection (h)(1)(C) as the President may determine.
(h) 
(1) For the purpose of this subsection, the term position means
(A) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105);
(B) a position to which section 5372a applies (relating to contract appeals board members); and
(C) a position within an Executive agency not covered under the General Schedule or any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) no more than the rate payable for level IV of the Executive Schedule; but does not include
(i) a position to which subchapter IV applies (relating to prevailing rate systems);
(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions);
(iii) a position to which subchapter II applies (relating to the Executive Schedule);
(iv) a Senior Executive Service position under section 3132;
(v) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151;
(vi) a position in a system equivalent to the system in clause (iv), as determined by the Presidents Pay Agent designated under subsection (d); or
(vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions).
(2) 
(A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments.
(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover
(i) with respect to the positions under subparagraphs (A) and (B) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of such paragraph); and
(ii) with respect to positions under paragraph (1)(C), such positions as may be considered appropriate (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of paragraph (1)).
(C) Notwithstanding subsection (c)(4) or any other provision of law, but subject to paragraph (3), in the case of a category with positions that are in more than 1 Executive agency, the President may, on his own initiative, provide that each employee who holds a position within such category, and in the locality involved, shall be entitled to receive comparability payments. No later than 30 days before an employee receives comparability payments under this subparagraph, the President or the Presidents designee shall submit a detailed report to the Congress justifying the reasons for the extension, including consideration of recruitment and retention rates and the expense of extending locality pay.
(3) Comparability payments under this subsection
(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality;
(B) shall take effect, within the locality involved, on the first day of the first applicable pay period commencing on or after such date as the President designates (except that no date may be designated which would require any retroactive payments), and shall remain in effect through the last day of the last applicable pay period commencing during that calendar year;
(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and
(D) shall be subject to the applicable limitation under subsection (g).
(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
[1] See References in Text note below.

5 USC 5304a - Authority to fix an alternative level of comparability payments

(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall
(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and
(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304.
(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303 (b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section.

5 USC 5305 - Special pay authority

(a) 
(1) Whenever the Office of Personnel Management finds that the Governments recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section.
(2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice.
(b) The circumstances referred to in subsection (a) are
(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved;
(2) the remoteness of the area or location involved;
(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or
(4) any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate.
(c) Authority under subsection (a) may be exercised with respect to positions paid under
(1) a statutory pay system; or
(2) any other pay system established by or under Federal statute for civilian positions within the executive branch.
(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute.
(e) An increase in a rate of pay established under this section is not an equivalent increase in pay within the meaning of section 5335.
(f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employees special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate).
(g) 
(1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate, subject to paragraph (2) and subsection (h).
(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(h) An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term basic pay includes any applicable locality-based comparability payment under section 5304 or similar provision of law.
(i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employees new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following:
(1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employees position, grade, and step (or relative position in the rate range) before the move.
(2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment.
(j) A rate determined under a schedule of special rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.

5 USC 5306 - Pay fixed by administrative action

(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31
(1) the rates of pay of
(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;
(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a1 of title 40, and the Superintendent of Garages, House office buildings; and
(C) persons employed by the county committees established under section 590h (b) of title 16; and
(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate
(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay;
(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or
(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303.
(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate.
(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
(d) This section does not impair any authority under which rates of pay may be fixed by administrative action.
(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
[1] See References in Text note below.

5 USC 5307 - Limitation on certain payments

(a) 
(1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year.
(2) This section shall not apply to any payment under
(A) subchapter III or VII of chapter 55 or section 5596;
(B) chapter 57 (other than section 5753, 5754, 5755, or 5757);[1] or
(C) chapter 59 (other than section 5925, 5928, 5941 (a)(2), or 5948).
(b) 
(1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year.
(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying[2] the limitations under subsection (a) with respect to such calendar year.
(c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
(d) 
(1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting the total annual compensation payable to the Vice President under section 104 of title 3 for the annual rate of basic pay payable for level I of the Executive Schedule in the case of any employee who
(A) is paid under section 5376 or 5383 of this title or section 332 (f), 603, or 604 of title 28; and
(B) holds a position in or under an agency which is described in paragraph (2).
(2) An agency described in this paragraph is any agency which, for purposes of applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance.
(3) 
(A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made.
(B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements.
(C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget.
(4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).
[1] See References in Text note below.
[2] So in original. Probably should be “applying”.

5 USC 5308 - Omitted]

TITLE 5 - US CODE - SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES

5 USC 5311 - The Executive Schedule

The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which this subchapter applies.

5 USC 5312 - Positions at level I

Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Secretary of State. Secretary of the Treasury. Secretary of Defense. Attorney General. Secretary of the Interior. Secretary of Agriculture. Secretary of Commerce. Secretary of Labor. Secretary of Health and Human Services. Secretary of Housing and Urban Development. Secretary of Transportation. United States Trade Representative. Secretary of Energy. Secretary of Education. Secretary of Veterans Affairs. Secretary of Homeland Security. Director of the Office of Management and Budget. Commissioner of Social Security, Social Security Administration. Director of National Drug Control Policy. Chairman, Board of Governors of the Federal Reserve System. Director of National Intelligence.

5 USC 5313 - Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Secretary of Defense. Deputy Secretary of State. Deputy Secretary of State for Management and Resources. Administrator, Agency for International Development. Administrator of the National Aeronautics and Space Administration. Deputy Secretary of Veterans Affairs. Deputy Secretary of Homeland Security. Under Secretary of Homeland Security for Management. Deputy Secretary of the Treasury. Deputy Secretary of Transportation. Chairman, Nuclear Regulatory Commission. Chairman, Council of Economic Advisers. Director of the Office of Science and Technology. Director of Central Intelligence. Secretary of the Air Force. Secretary of the Army. Secretary of the Navy. Administrator, Federal Aviation Administration. Director of the National Science Foundation. Deputy Attorney General. Deputy Secretary of Energy. Deputy Secretary of Agriculture. Director of the Office of Personnel Management. Administrator, Federal Highway Administration. Administrator of the Environmental Protection Agency. Under Secretary of Defense for Acquisition, Technology, and Logistics. Deputy Secretary of Labor. Deputy Director of the Office of Management and Budget. Independent Members, Thrift Depositor Protection Oversight Board. Deputy Secretary of Health and Human Services. Deputy Secretary of the Interior. Deputy Secretary of Education. Deputy Secretary of Housing and Urban Development. Deputy Director for Management, Office of Management and Budget. Director of the Federal Housing Finance Agency. Deputy Commissioner of Social Security, Social Security Administration. Administrator of the Community Development Financial Institutions Fund. Deputy Director of National Drug Control Policy. Members, Board of Governors of the Federal Reserve System. The Under Secretary of Transportation for Security. Under Secretary of Transportation for Policy. Chief Executive Officer, Millennium Challenge Corporation. Principal Deputy Director of National Intelligence. Director of the National Counterterrorism Center. Director of the National Counter Proliferation Center. Administrator of the Federal Emergency Management Agency.

5 USC 5314 - Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Solicitor General of the United States. Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Export Administration, and Under Secretary of Commerce for Travel and Tourism. Under Secretaries of State (6). Under Secretaries of the Treasury (3). Administrator of General Services. Administrator of the Small Business Administration. Deputy Administrator, Agency for International Development. Chairman of the Merit Systems Protection Board. Chairman, Federal Communications Commission. Chairman, Board of Directors, Federal Deposit Insurance Corporation. Chairman, Federal Energy Regulatory Commission. Chairman, Federal Trade Commission. Chairman, Surface Transportation Board. Chairman, National Labor Relations Board. Chairman, Securities and Exchange Commission. Chairman, National Mediation Board. Chairman, Railroad Retirement Board. Chairman, Federal Maritime Commission. Comptroller of the Currency. Commissioner of Internal Revenue. Under Secretary of Defense for Policy. Under Secretary of Defense (Comptroller). Under Secretary of Defense for Personnel and Readiness. Under Secretary of Defense for Intelligence. Deputy Chief Management Officer of the Department of Defense. Under Secretary of the Air Force. Under Secretary of the Army. Under Secretary of the Navy. Deputy Administrator of the National Aeronautics and Space Administration. Deputy Directors of Central Intelligence (2). Director of the Office of Emergency Planning. Director of the Peace Corps. Deputy Director, National Science Foundation. President of the Export-Import Bank of Washington. Members, Nuclear Regulatory Commission. Members, Defense Nuclear Facilities Safety Board. Director of the Federal Bureau of Investigation, Department of Justice. Administrator of the National Highway Traffic Safety Administration. Administrator of the Federal Motor Carrier Safety Administration. Administrator, Federal Railroad Administration. Chairman, National Transportation Safety Board. Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts. Chairman of the National Endowment for the Humanities. Director of the Federal Mediation and Conciliation Service. Federal Transit Administrator. President, Overseas Private Investment Corporation. Chairman, Postal Regulatory Commission. Chairman, Occupational Safety and Health Review Commission. Governor of the Farm Credit Administration. Chairman, Equal Employment Opportunity Commission. Chairman, Consumer Product Safety Commission. Under Secretaries of Energy (3). Chairman, Commodity Futures Trading Commission. Deputy United States Trade Representatives (3). Chief Agricultural Negotiator. Chairman, United States International Trade Commission. Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration. Associate Attorney General. Chairman, Federal Mine Safety and Health Review Commission. Chairman, National Credit Union Administration Board. Deputy Director of the Office of Personnel Management. Under Secretary of Agriculture for Farm and Foreign Agricultural Services. Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. Under Secretary of Agriculture for Natural Resources and Environment. Under Secretary of Agriculture for Research, Education, and Economics. Under Secretary of Agriculture for Food Safety. Under Secretary of Agriculture for Marketing and Regulatory Programs. Director, Institute for Scientific and Technological Cooperation. Under Secretary of Agriculture for Rural Development. Administrator, Maritime Administration. Executive Director Property Review Board. Deputy Administrator of the Environmental Protection Agency. Archivist of the United States. Executive Director, Federal Retirement Thrift Investment Board. Deputy Under Secretary of Defense for Acquisition and Technology. Director, Trade and Development Agency. Under Secretary for Health, Department of Veterans Affairs. Under Secretary for Benefits, Department of Veterans Affairs. Under Secretary for Memorial Affairs, Department of Veterans Affairs. Under Secretaries, Department of Homeland Security. Director of the Bureau of Citizenship and Immigration Services. Director of the Office of Government Ethics. Administrator for Federal Procurement Policy. Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Director of the Office of Thrift Supervision. Chairperson of the Federal Housing Finance Board. Executive Secretary, National Space Council. Controller, Office of Federal Financial Management, Office of Management and Budget. Administrator, Research and Innovative Technology Administration. Deputy Director for Demand Reduction, Office of National Drug Control Policy. Deputy Director for Supply Reduction, Office of National Drug Control Policy. Deputy Director for State and Local Affairs, Office of National Drug Control Policy. Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Register of Copyrights. Commissioner of Customs, Department of Homeland Security. Under Secretary of Education[1] Administrator of the Centers for Medicare & Medicaid Services. Administrator of the Office of Electronic Government. Administrator, Pipeline and Hazardous Materials Safety Administration. Director, Pension Benefit Guaranty Corporation. Deputy Administrators, Federal Emergency Management Agency. Chief Executive Officer, International Clean Energy Foundation.
[1] So in original. Probably should be followed by a period.

5 USC 5315 - Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Administrator of General Services. Associate Administrator of the National Aeronautics and Space Administration. Assistant Administrators, Agency for International Development (6). Regional Assistant Administrators, Agency for International Development (4). Assistant Secretaries of Agriculture (3). Assistant Secretaries of Commerce (11). Assistant Secretaries of Defense (10). Assistant Secretaries of the Air Force (4). Assistant Secretaries of the Army (5). Assistant Secretaries of the Navy (4). Assistant Secretaries of Health and Human Services (6). Assistant Secretaries of the Interior (6). Assistant Attorneys General (11). Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans Employment and Training. Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate. Assistant Secretaries of the Treasury (10). Members, United States International Trade Commission (5). Assistant Secretaries of Education (10). General Counsel, Department of Education. Director of Civil Defense, Department of the Army. Deputy Director of the Office of Emergency Planning. Deputy Director of the Office of Science and Technology. Deputy Director of the Peace Corps. Assistant Directors of the Office of Management and Budget (3). General Counsel of the Department of Agriculture. General Counsel of the Department of Commerce. General Counsel of the Department of Defense. General Counsel of the Department of Health and Human Services. Solicitor of the Department of the Interior. Solicitor of the Department of Labor. General Counsel of the National Labor Relations Board. General Counsel of the Department of the Treasury. First Vice President of the Export-Import Bank of Washington. Members, Council of Economic Advisers. Members, Board of Directors of the Export-Import Bank of Washington. Members, Federal Communications Commission. Member, Board of Directors of the Federal Deposit Insurance Corporation. Directors, Federal Housing Finance Board. Members, Federal Energy Regulatory Commission. Members, Federal Trade Commission. Members, Surface Transportation Board. Members, National Labor Relations Board. Members, Securities and Exchange Commission. Members, Merit Systems Protection Board. Members, Federal Maritime Commission. Members, National Mediation Board. Members, Railroad Retirement Board. Director of Selective Service. Associate Director of the Federal Bureau of Investigation, Department of Justice. Members, Equal Employment Opportunity Commission (4). Director, Community Relations Service. Members, National Transportation Safety Board. General Counsel, Department of Transportation. Deputy Administrator, Federal Aviation Administration. Assistant Secretaries of Transportation (4). Deputy Federal Highway Administrator. Administrator of the Saint Lawrence Seaway Development Corporation. Assistant Secretary for Science, Smithsonian Institution. Assistant Secretary for History and Art, Smithsonian Institution. Deputy Administrator of the Small Business Administration. Assistant Secretaries of Housing and Urban Development (8). General Counsel of the Department of Housing and Urban Development. Commissioner of Interama. Federal Insurance Administrator, Federal Emergency Management Agency. Executive Vice President, Overseas Private Investment Corporation. Members, National Credit Union Administration Board (2). Members, Postal Regulatory Commission (4). Members, Occupational Safety and Health Review Commission. Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). Members, Consumer Product Safety Commission (4). Members, Commodity Futures Trading Commission. Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission. Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission. Director of Nuclear Regulatory Research, Nuclear Regulatory Commission. Executive Director for Operations, Nuclear Regulatory Commission. President, Government National Mortgage Association, Department of Housing and Urban Development. Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration. Director, Bureau of Prisons, Department of Justice. Assistant Secretaries of Energy (7). General Counsel of the Department of Energy. Administrator, Economic Regulatory Administration, Department of Energy. Administrator, Energy Information Administration, Department of Energy. Director, Office of Indian Energy Policy and Programs, Department of Energy. Director, Office of Science, Department of Energy. Assistant Secretary of Labor for Mine Safety and Health. Members, Federal Mine Safety and Health Review Commission. President, National Consumer Cooperative Bank. Special Counsel of the Merit Systems Protection Board. Chairman, Federal Labor Relations Authority. Assistant Secretaries, Department of Homeland Security. General Counsel, Department of Homeland Security. Officer for Civil Rights and Civil Liberties, Department of Homeland Security. Chief Financial Officer, Department of Homeland Security. Chief Information Officer, Department of Homeland Security. Deputy Director, Institute for Scientific and Technological Cooperation. Director of the National Institute of Justice. Director of the Bureau of Justice Statistics. Chief Counsel for Advocacy, Small Business Administration. Assistant Administrator for Toxic Substances, Environmental Protection Agency. Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. Assistant Administrators, Environmental Protection Agency (8). Director of Operational Test and Evaluation, Department of Defense. Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State. Director, National Institute of Standards and Technology, Department of Commerce. Director of Defense Research and Engineering. Ambassadors at Large. Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service. Assistant Secretaries, Department of Veterans Affairs (7). General Counsel, Department of Veterans Affairs. Commissioner of Food and Drugs, Department of Health and Human Services[1] Chairman, Board of Veterans Appeals. Administrator, Office of Juvenile Justice and Delinquency Prevention. Director, United States Marshals Service. Chairman, United States Parole Commission. Director, Bureau of the Census, Department of Commerce. Director of the Institute of Museum and Library Services. Chief Financial Officer, Department of Agriculture. Chief Financial Officer, Department of Commerce. Chief Financial Officer, Department of Education. Chief Financial Officer, Department of Energy. Chief Financial Officer, Department of Health and Human Services. Chief Financial Officer, Department of Housing and Urban Development. Chief Financial Officer, Department of the Interior. Chief Financial Officer, Department of Justice. Chief Financial Officer, Department of Labor. Chief Financial Officer, Department of State. Chief Financial Officer, Department of Transportation. Chief Financial Officer, Department of the Treasury. Chief Financial Officer, Department of Veterans Affairs. Chief Financial Officer, Environmental Protection Agency. Chief Financial Officer, National Aeronautics and Space Administration. Commissioner, Office of Navajo and Hopi Indian Relocation. Deputy Under Secretary of Defense for Policy. Deputy Under Secretary of Defense for Personnel and Readiness. Deputy Under Secretary of Defense for Logistics and Materiel Readiness. General Counsel of the Department of the Army. General Counsel of the Department of the Navy. General Counsel of the Department of the Air Force. Liaison for Community and Junior Colleges, Department of Education. Director of the Office of Educational Technology. Director of the International Broadcasting Bureau. The[2] Commissioner of Labor Statistics, Department of Labor. Administrator, Rural Utilities Service, Department of Agriculture. Chief Information Officer, Department of Agriculture. Chief Information Officer, Department of Commerce. Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under section 5312, 5313, or 5314 of this title). Chief Information Officer, Department of Education. Chief Information Officer, Department of Energy. Chief Information Officer, Department of Health and Human Services. Chief Information Officer, Department of Housing and Urban Development. Chief Information Officer, Department of the Interior. Chief Information Officer, Department of Justice. Chief Information Officer, Department of Labor. Chief Information Officer, Department of State. Chief Information Officer, Department of Transportation. Chief Information Officer, Department of the Treasury. Chief Information Officer, Department of Veterans Affairs. Chief Information Officer, Environmental Protection Agency. Chief Information Officer, National Aeronautics and Space Administration. Chief Information Officer, Agency for International Development. Chief Information Officer, Federal Emergency Management Agency. Chief Information Officer, General Services Administration. Chief Information Officer, National Science Foundation. Chief Information Officer, Nuclear Regulatory Agency. Chief Information Officer, Office of Personnel Management. Chief Information Officer, Small Business Administration. General Counsel of the Central Intelligence Agency. Principal Deputy Administrator, National Nuclear Security Administration. Additional Deputy Administrators of the National Nuclear Security Administration (3), but if the Deputy Administrator for Naval Reactors is an officer of the Navy on active duty, (2). Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. General Counsel of the Office of the National Intelligence Director. Chief Medical Officer, Department of Homeland Security.
[1] So in original. Probably should be followed by a period.
[2] The word “The” probably should not appear.

5 USC 5316 - Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Administrator, Bonneville Power Administration, Department of the Interior. Administrator of the National Capital Transportation Agency. Associate Administrators of the Small Business Administration (4). Associate Administrators, National Aeronautics and Space Administration (7). Associate Deputy Administrator, National Aeronautics and Space Administration. Deputy Associate Administrator, National Aeronautics and Space Administration. Archivist of the United States. Assistant Secretary of Health and Human Services for Administration. Assistant Attorney General for Administration. Assistant and Science Adviser to the Secretary of the Interior. Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice. Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense. Chairman of the Renegotiation Board. Chairman of the Subversive Activities Control Board. Chief Counsel for the Internal Revenue Service, Department of the Treasury. Commissioner, Federal Acquisition Service, General Services Administration. Director, United States Fish and Wildlife Service, Department of the Interior. Commissioner of Indian Affairs, Department of the Interior. Commissioners, Indian Claims Commission (5). Commissioner, Public Buildings Service, General Services Administration. Commissioner of Reclamation, Department of the Interior. Commissioner of Vocational Rehabilitation, Department of Health and Human Services. Commissioner of Welfare, Department of Health and Human Services. Director, Defense Advanced Research Projects Agency, Department of Defense. Director, Bureau of Mines, Department of the Interior. Director, Geological Survey, Department of the Interior. Deputy Commissioner of Internal Revenue, Department of the Treasury. Deputy General Counsel, Department of Defense. Associate Director of the Federal Mediation and Conciliation Service. Associate Director for Volunteers, Peace Corps. Associate Director for Program Development and Operations, Peace Corps. Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2). Assistant Directors, Office of Emergency Planning (3). Fiscal Assistant Secretary of the Treasury. General Counsel of the Agency for International Development. General Counsel of the Nuclear Regulatory Commission. General Counsel of the National Aeronautics and Space Administration. Manpower Administrator, Department of Labor. Members, Renegotiation Board. Members, Subversive Activities Control Board. Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4). Assistant Administrator of General Services. Director, United States Travel Service, Department of Commerce. Administrator, Wage and Hour and Public Contracts Division, Department of Labor. Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. Deputy Director, National Security Agency. Director, Bureau of Land Management, Department of the Interior. Director, National Park Service, Department of the Interior. National Export Expansion Coordinator, Department of Commerce. Special Assistant to the Secretary of Defense. Staff Director, Commission on Civil Rights. Assistant Secretary for Administration, Department of Transportation. Director, United States National Museum, Smithsonian Institution. Director, Smithsonian Astrophysical Observatory, Smithsonian Institution. Administrator of the Environmental Science Services Administration. Associate Directors of the Office of Personnel Management (5). Assistant Federal Highway Administrator. Deputy Administrator of the National Highway Traffic Safety Administration. Deputy Administrator of the Federal Motor Carrier Safety Administration. Assistant Federal Motor Carrier Safety Administrator. Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice. Vice Presidents, Overseas Private Investment Corporation (3). Deputy Administrator, Federal Transit Administration, Department of Transportation. General Counsel of the Equal Employment Opportunity Commission. Executive Director, Advisory Council on Historic Preservation. Additional Officers, Department of Energy (14). Additional officers, Nuclear Regulatory Commission (5). Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration. Assistant Administrators (3), National Oceanic and Atmospheric Administration. General Counsel, National Oceanic and Atmospheric Administration. Members, Federal Labor Relations Authority (2) and its General Counsel. Additional officers, Institute for Scientific and Technological Cooperation (2). Additional officers, Office of Management and Budget (6). Associate Deputy Secretary, Department of Transportation. Chief Scientist, National Oceanic and Atmospheric Administration. Director, Indian Health Service, Department of Health and Human Services. Commissioners, United States Parole Commission (8). Commissioner, Administration on Children, Youth, and Families.

5 USC 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 34 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.

5 USC 5318 - Adjustments in rates of pay

(a) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.
(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.

TITLE 5 - US CODE - SUBCHAPTER III - GENERAL SCHEDULE PAY RATES

5 USC 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 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.

5 USC 5332 - The General Schedule

(a) 
(1) 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.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated GS1 through GS15, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
(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.

5 USC 5333 - Minimum rate for new appointments

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

5 USC 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 Office of Personnel Management 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 in 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.

For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 14306 (a)(2) of title 40, who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.

(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 subchapter VI of this chapter 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 subchapter VI of this chapter were not applicable to him; or
(B) his existing rate of basic pay, if that rate is the higher. If an employees rate after promotion or transfer is greater than the maximum rate of basic pay for the employees grade, that rate shall be treated as a retained rate under section 5363. The Office of Personnel Management shall prescribe by regulation the circumstances under which and the extent to which special rates under section 5305 (or similar provision of law) or locality-adjusted rates under section 5304 (or similar provision of law) are considered to be basic pay in applying this subsection.
(c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who has completed two or more years of service as such an employee, 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 rate of pay established for a teaching 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 an amount determined under regulations which the Secretary of Defense shall prescribe for the determination of the yearly rate of pay of the position. The amount by which a rate of pay is increased under the regulations may not exceed the amount equal to 20 percent of that rate of pay.
(e) An employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h (b)) may, on appointment to a position subject to this subchapter, have the initial rate of basic pay of the employee fixed at
(1) the lowest rate of the higher grade that exceeds the rate of basic pay of the employee with the county committee by not less than 2 step-increases of the grade from which the employee was promoted, if the Federal Civil Service position under this subchapter is at a higher grade than the last grade the employee had while an employee of the county committee;
(2) the same step of the grade as the employee last held during service with the county committee, if the Federal Civil Service position under this subchapter is at the same grade as the last grade the employee had while an employee of the county committee; or
(3) the lowest step of the Federal grade for which the rate of basic pay is equal to or greater than the highest previous rate of pay of the employee, if the Federal Civil Service position under this subchapter is at a lower grade than the last grade the employee had while an employee of the county committee.
(f) 
(1) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105 (c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employees initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed
(A) if the highest previous rate of basic pay received by that employee during the employees service described in section 2105 (c) is equal to a rate of the appropriate grade, such rate of the appropriate grade;
(B) if the employees highest previous rate of basic pay (as described in subparagraph (A)) is between two rates of the appropriate grade, the higher of those two rates; or
(C) if the employees highest previous rate of basic pay (as described in subparagraph (A)) exceeds the maximum rate of the appropriate grade, the maximum rate of the appropriate grade.
(2) In the case of a nonappropriated fund employee who is moved involuntarily from such nonappropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employees pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employees rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.
(g) In the case of an employee who
(1) moves to a new official duty station, and
(2) by virtue of such move, becomes subject to a different pay schedule, any rate adjustment under the preceding provisions of this section, with respect to such employee in connection with such move, shall be made
(A) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employees position, grade, and step (or relative position in the rate range) before the move, and
(B) then, by applying the provisions of this section that would otherwise apply (if any), treating the rate determined under subparagraph (A) as if it were the rate last received by the employee before the rate adjustment.

5 USC 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 grade 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 is of an acceptable level of competence as determined by the head of the agency.
(b) Under regulations prescribed by the Office of Personnel Management, 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 non-Government civilian employment during a period of war or national emergency.
(c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.
(d) An increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this section.
(e) 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.
(f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105 (c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.

5 USC 5336 - Additional step-increases

(a) Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, 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.
(b) A step-increase under this section is in addition to those under section 5335 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.

5 USC 5337 - Repealed. Pub. L. 95454, title VIII, 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 470; Pub. L. 92–392, § 3, Aug. 19, 1972, 86 Stat. 573, set forth provisions relating to pay saving for employees reduced in grade from a grade in the General Schedule. See section 5361 et seq. of this title.

5 USC 5338 - Regulations

The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.

TITLE 5 - US CODE - SUBCHAPTER IV - PREVAILING RATE SYSTEMS

5 USC 5341 - Policy

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.

5 USC 5342 - Definitions; application

(a) For the purpose of this subchapter
(1) agency means an Executive agency; but does not include
(A) a Government controlled corporation;
(B) the Tennessee Valley Authority;
(C) the Virgin Islands Corporation;
(D) the Atomic Energy Commission;
(E) the Central Intelligence Agency;
(F) the National Security Agency, Department of Defense;
(G) the Bureau of Engraving and Printing, except for the purposes of section 5349 of this title;
(H) the Government Accountability Office; or[1]
(J) [2] the Defense Intelligence Agency, Department of Defense; or
(K) the National Geospatial-Intelligence Agency, Department of Defense;
(2) prevailing rate employee means
(A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement;
(B) an employee of a nonappropriated fund instrumentality described by section 2105 (c) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement; and
(C) an employee of the Veterans Canteen Service, Department of Veterans Affairs, excepted from chapter 51 of this title by section 5102 (c)(14) of this title who is employed in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or labor experience and knowledge as the paramount requirement; and
(3) position means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee.
(b) 
(1) Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency.
(2) This subchapter does not apply to employees and positions described by section 5102 (c) of this title other than by
(A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and
(B) paragraph (14) of that section.
(3) This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from chapter 51 of this title by section 5102 (c)(8) of this title.
(c) Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.
[1] So in original. The word “or” probably should not appear.
[2] So in original. Subsec. (a)(1) does not contain a subpar. (I).

5 USC 5343 - Prevailing rate determinations; wage schedules; night differentials

(a) The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to section 213 (f) of title 29, the rates may not be less than the appropriate rates provided by section 206 (a)(1) of title 29. To carry out this subsection
(1) the Office of Personnel Management shall define, as appropriate
(A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of section 5342 (a)(2) of this title, the boundaries of
(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and
(ii) wage areas for prevailing rate employees having special wage schedules and rates;
(B) with respect to prevailing rate employees under paragraphs (B) and (C) of section 5342 (a)(2) of this title, the boundaries of
(i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and
(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
(2) the Office of Personnel Management shall designate a lead agency for each wage area;
(3) subject to paragraph (5) of this subsection, and subsections (c)(1)(3) and (d) of this section, a lead agency shall conduct wage surveys, analyze wage survey data, and develop and establish appropriate wage schedules and rates for prevailing rate employees;
(4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Office of Personnel Management, as appropriate, for prevailing rate employees in that area; and
(5) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
(b) The Office of Personnel Management shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Office may schedule more frequent surveys when conditions so suggest.
(c) The Office of Personnel Management, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide
(1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of section 5342 (a)(2) of this title, the wages surveyed shall be those paid by private employers to full-time employees in a representative number of retail, wholesale, service, and recreational establishments similar to those in which such prevailing rate employees are employed;
(2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission or recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate;
(3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to
(A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates;
(B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and
(C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of section 5342 (a)(2) of this title;
(4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970;
(5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and
(6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States.
(d) 
(1) A lead agency, in making a wage survey, shall determine whether there exists in the local wage area a number of comparable positions in private industry sufficient to establish wage schedules and rates for the principal types of positions for which the survey is made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence submitted by employee organizations recognized as representative of prevailing rate employees in that area.
(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall establish the wage schedules and rates on the basis of
(A) local private industry rates; and
(B) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made.
(e) 
(1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with
(A) the first step at 96 percent of the prevailing rate;
(B) the second step at 100 percent of the prevailing rate;
(C) the third step at 104 percent of the prevailing rate;
(D) the fourth step at 108 percent of the prevailing rate; and
(E) the fifth step at 112 percent of the prevailing rate.
(2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of
(A) 26 calendar weeks of service in step 1;
(B) 78 calendar weeks of service in step 2; and
(C) 104 calendar weeks of service in each of steps 3 and 4.
(3) Under regulations prescribed by the Office of Personnel Management, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
(4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based.
(f) A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential
(1) amounting to 71/2 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and
(2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m.

A night differential under this subsection is a part of basic pay.

5 USC 5344 - Effective date of wage increase; retroactive pay

(a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
(b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when
(1) the individual is in the service of the Government 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.

For the purpose of this subsection, 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.

5 USC 5345 - Repealed. Pub. L. 95454, title VIII, 801(a)(2), Oct. 13, 1978, 92 Stat. 1221]

Section, added Pub. L. 92–392, § 1(a), Aug. 19, 1972, 86 Stat. 569, related to retained rate of pay on reduction in grade or reassignment. A prior section 5345, added Pub. L. 90–206, title II, § 223(a), Dec. 16, 1967, 81 Stat. 641, which provided for position classification appeals, was omitted in the general amendment of this subchapter, and is covered by section 5346 (c) of this title.

5 USC 5346 - Job grading system

(a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. In carrying out this subsection, the Office shall
(1) establish the basic occupational alinement and grade structure or structures for the job grading system;
(2) establish and define individual occupations and the boundaries of each occupation;
(3) establish job titles within occupations;
(4) develop and publish job grading standards; and
(5) provide a method to assure consistency in the application of job standards.
(b) The Office, from time to time, shall review such numbers of positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(c) On application, made in accordance with regulations prescribed by the Office, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Office shall
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;
(2) decide whether the position has been placed in the proper occupation and grade; and
(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.

The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.

5 USC 5347 - Federal Prevailing Rate Advisory Committee

(a) There is established a Federal Prevailing Rate Advisory Committee composed of
(1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
(2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
(3) two members from the military departments, designated by the Director of the Office of Personnel Management;
(4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
(5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
(6) five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
(b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
(c) Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
(d) The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
(e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
(f) The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
(g) 
(1) Except as provided in paragraph (2), members of the Committee described in paragraphs (2)(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.
(2) The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132 (a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.
(h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.

5 USC 5348 - 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 in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.

5 USC 5349 - Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia

(a) The pay of employees, described under section 5102 (c)(7) of this title, in the Library of Congress, the Botanic Garden, the Government Printing Office, the Government Accountability Office, the Office of the Architect of the Capitol, the Bureau of Engraving and Printing, and the government of the District of Columbia, shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and in accordance with such provisions of this subchapter, including the provisions of section 5344, relating to retroactive pay, and subchapter VI of this chapter, relating to grade and pay retention, as the pay-fixing authority of each such agency may determine. Subject to section 213 (f) of title 29, the rates may not be less than the appropriate rates provided for by section 206 (a)(1) of title 29. If the pay-fixing authority concerned determines that the provisions of subchapter VI of this chapter should apply to any employee under his jurisdiction, then the employee concerned shall be deemed to have satisfied the requirements of section 5361 (1) of this title if the tenure of his appointment is substantially equivalent to the tenure of any appointment referred to in such paragraph.
(b) Subsection (a) of this section does not modify or otherwise affect section 5102 (d) of this title, section 305 of title 44, and section 5141 of title 31.

TITLE 5 - US CODE - SUBCHAPTER V - STUDENT-EMPLOYEES

5 USC 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-in-training, 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 Office of Personnel Management.

5 USC 5352 - Stipends

The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.

5 USC 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, and the District of Columbia Council with respect to the government of the District of Columbia, 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.

5 USC 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.

5 USC 5355 - Effect on other statutes

This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by chapter 73 of title 38.

5 USC 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.

TITLE 5 - US CODE - SUBCHAPTER VI - GRADE AND PAY RETENTION

5 USC 5361 - Definitions

For the purpose of this subchapter
(1) employee means an employee to whom chapter 51 of this title applies, and a prevailing rate employee, as defined by section 5342 (a)(2) of this title, whose employment is other than on a temporary or term basis;
(2) agency has the meaning given it by section 5102 of this title;
(3) retained grade means the grade used for determining benefits to which an employee to whom section 5362 of this title applies is entitled;
(4) rate of basic pay means
(A) the rate of basic pay payable to an employee under law or regulations before any deductions or additions of any kind, but including
(i) any applicable locality-based comparability payment under section 5304 or similar provision of law;
(ii) any applicable special pay under section 5305 or similar provision of law; and
(iii) subject to such regulations as the Office of Personnel Management may prescribe, any applicable existing retained rate of pay established under section 5363 or similar provision of law; and
(B) in the case of a prevailing rate employee, the scheduled rate of pay determined under section 5343;
(5) covered pay schedule means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) position subject to this subchapter means any position under a covered pay schedule;
(7) reduction-in-force procedures means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor; and
(8) retained rate means the rate of basic pay to which an employee is entitled under section 5363 (b)(2).

5 USC 5362 - Grade retention following a change of positions or reclassification

(a) Any employee
(1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and
(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,

is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.

(b) 
(1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.
(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employees position for all purposes (including pay and pay administration under this chapter and chapter 55 of this title, retirement and life insurance under chapters 83, 84, and 87 of this title, and eligibility for training and promotion under this title) except
(1) for purposes of subsection (a) of this section,
(2) for purposes of applying any reduction-in-force procedures, or
(3) for such other purposes as the Office of Personnel Management may provide by regulation.
(d) The foregoing provisions of this section shall cease to apply to an employee who
(1) has a break in service of one workday or more;
(2) is demoted (determined without regard to this section) for personal cause or at the employees request;
(3) is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; or
(4) elects in writing to have the benefits of this section terminate.

5 USC 5363 - Pay retention

(a) Any employee
(1) who ceases to be entitled to the benefits of section 5362 of this title by reason of the expiration of the 2-year period of coverage provided under such section;
(2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under section 5305 of this title (or corresponding prior provision of this title);
(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or
(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;

is entitled to a rate of basic pay in accordance with regulations prescribed by the Office of Personnel Management in conformity with the provisions of this section.

(b) 
(1) 
(A) If, as a result of any event described in subsection (a), the employees former rate of basic pay is less than or equal to the maximum rate of basic pay payable for the grade of the employees position immediately after the occurrence of the event involved, the employee is entitled to basic pay at the lowest rate of basic pay payable for such grade that equals or exceeds such former rate of basic pay.
(B) This section shall cease to apply to an employee to whom subparagraph (A) applies once the appropriate rate of basic pay has been determined for such employee under this paragraph.
(2) 
(A) If, as a result of any event described in subsection (a), the employees former rate of basic pay is greater than the maximum rate of basic pay payable for the grade of the employees position immediately after the occurrence of the event involved, the employee is entitled to basic pay at a rate equal to the lesser of
(i) the employees former rate of basic pay; or
(ii) 150 percent of the maximum rate of basic pay payable for the grade of the employees position immediately after the occurrence of the event involved,

as adjusted by subparagraph (B).

(B) A rate to which an employee is entitled under this paragraph shall be increased at the time of any increase in the maximum rate of basic pay payable for the grade of the employees position by 50 percent of the dollar amount of each such increase.
(3) For purposes of this subsection, the term former rate of basic pay, as used with respect to an employee in connection with an event described in subsection (a), means the rate of basic pay last received by such employee before the occurrence of such event.
(c) 
(1) Notwithstanding any other provision of this section, in the case of an employee who
(A) moves to a new official duty station, and
(B) in conjunction with such move, becomes subject to both a different pay schedule and (disregarding this subsection) the preceding provisions of this section, this section shall be applied
(i) first, by determining the rate of pay to which such employee would be entitled at the new official duty station based on such employees position, grade, and step (or relative position in the pay range) before the move, and
(ii) then, by applying the provisions of this section that would apply (if any), treating the rate determined under clause (i) as if it were the rate last received by the employee before the application of this section.
(2) A reduction in an employees rate of basic pay resulting from a determination under paragraph (1)(ii) is not a basis for an entitlement under this section.
(3) The rate of basic pay for an employee who is receiving a retained rate at the time of moving to a new official duty station at which different pay schedules apply shall be subject to regulations prescribed by the Office of Personnel Management consistent with the purposes of this section.
(d) A retained rate shall be considered part of basic pay for purposes of this subchapter and for purposes of subchapter III of chapter 83, chapters 84 and 87, subchapter V of chapter 55, section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. The Office shall, for any purpose other than any of the purposes referred to in the preceding sentence, prescribe by regulation what constitutes basic pay for employees receiving a retained rate.
(e) This section shall not apply, or shall cease to apply, to an employee who
(1) has a break in service of 1 workday or more;
(2) is entitled, by operation of this subchapter, chapter 51 or 53, or any other provision of law, to a rate of basic pay which is equal to or higher than, or declines a reasonable offer of a position the rate of basic pay for which is equal to or higher than, the retained rate to which the employee would otherwise be entitled; or
(3) is demoted for personal cause or at the employees request.

5 USC 5364 - Remedial actions

Under regulations prescribed by the Office of Personnel Management, the Office may require any agency
(1) to report to the Office information with respect to vacancies (including impending vacancies);
(2) to take such steps as may be appropriate to assure employees receiving benefits under section 5362 or 5363 of this title have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections;
(3) to establish a program under which employees receiving benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and
(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.

5 USC 5365 - Regulations

(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter (subject to any conditions or limitations the Office may establish)
(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;
(2) to individuals to whom such provisions do not otherwise apply; and
(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.

Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105 (c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105 (c).

5 USC 5366 - Appeals

(a) 
(1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal
(A) under section 5112 (b) or 5346 (c) of this title, or otherwise, any reclassification of a position; or
(B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of chapter 71 of this title
(1) any action which is the basis of an individuals entitlement to benefits under this subchapter, and
(2) any termination of any such benefits under this subchapter,

shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.

TITLE 5 - US CODE - SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

5 USC 5371 - Health care positions

(a) For the purposes of this section, health care means direct patient-care services or services incident to direct patient-care services.
(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 74 of title 38 shall apply
(1) in lieu of any provision of chapter 51 or 61, subchapter V of chapter 55, or any other provision of this chapter; or
(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, subchapter V of chapter 55, or this chapter, relates.
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position
(1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(2) which involves health care responsibilities.

5 USC 5372 - Administrative law judges

(a) For the purposes of this section, the term administrative law judge means an administrative law judge appointed under section 3105.
(b) 
(1) 
(A) There shall be 3 levels of basic pay for administrative law judges (designated as AL1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
(B) Within level AL3, there shall be 6 rates of basic pay, designated as AL3, rates A through F, respectively. Level AL2 and level AL1 shall each have 1 rate of basic pay.
(C) The rate of basic pay for AL3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL1 may not exceed the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
(3) 
(A) Upon appointment to a position in AL3, an administrative law judge shall be paid at rate A of AL3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL3 at an advanced rate under such circumstances as the Office may determine appropriate.
(4) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of basic pay under the General Schedule, each rate of basic pay for administrative law judges shall be adjusted by an amount determined by the President to be appropriate.
(c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.

5 USC 5372a - Contract appeals board members

(a) For the purpose of this section
(1) the term contract appeals board member means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978 or a member of the Civilian Board of Contract Appeals appointed under section 42 of the Office of Federal Procurement Policy Act; and
(2) the term appeals board means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978.
(b) Rates of basic pay for contract appeals board members shall be as follows:
(1) Chairman of an appeals boardthe rate of basic pay payable for level IV of the Executive Schedule.
(2) Vice chairman of an appeals board97 percent of the rate under paragraph (1).
(3) Other members of an appeals board94 percent of the rate under paragraph (1).
(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.

5 USC 5372b - Administrative appeals judges

(a) For the purpose of this section
(1) the term administrative appeals judge position means a position the duties of which primarily involve reviewing decisions of administrative law judges appointed under section 3105; and
(2) the term agency means an Executive agency, as defined by section 105, but does not include the Government Accountability Office.
(b) Subject to such regulations as the Office of Personnel Management may prescribe, the head of the agency concerned shall fix the rate of basic pay for each administrative appeals judge position within such agency which is not classified above GS15 pursuant to section 5108.
(c) A rate of basic pay fixed under this section shall be
(1) not less than the minimum rate of basic pay for level AL3 under section 5372; and
(2) not greater than the maximum rate of basic pay for level AL3 under section 5372.

5 USC 5373 - Limitation on pay fixed by administrative action

(a) Except as provided in subsection (b) and by the Government Employees Salary Reform 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 rate for level IV of the Executive Schedule. This section does not impair the authorities provided by
(1) sections 248, 482, 1766, and 1819 of title 12, section 206 of the Bank Conservation Act, sections 2B(b)1 and 21A(e)(4) of the Federal Home Loan Bank Act, section 2A(i)1 of the Home Owners Loan Act, and sections 5.11 and 5.58 of the Farm Credit Act of 1971;
(2) section 831b of title 16;
(3) sections 403a–403c, 403e–403h, and 403j of title 50; or
(4) [2] section 4802.
(4) [2] section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2 (a)(7)).
(b) Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
[1] See References in Text note below.
[2] So in original. Two pars. (4) have been enacted.

5 USC 5374 - 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 in 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 concerned shall report each action taken under this section to the Office of Personnel Management 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.

5 USC 5375 - Police force of the National Zoological Park

The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows:
(1) Private, not more than the maximum annual rate of basic pay payable for grade GS7 of the General Schedule.
(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS8 of the General Schedule.
(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS9 of the General Schedule.
(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS10 of the General Schedule.

5 USC 5376 - Pay for certain senior-level positions

(a) This section applies to
(1) positions that are classified above GS15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104; but does not apply to
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
(b) 
(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be
(A) not less than 120 percent of the minimum rate of basic pay payable for GS15 of the General Schedule; and
(B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.

The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306 (e) or 5373.

(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307 (d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to level III were a reference to level II.
(4) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).

5 USC 5377 - Pay authority for critical positions

(a) For the purpose of this section
(1) the term agency has the meaning given it by section 5102; and
(2) the term position means
(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104;
(F) a position in a category as to which a designation is in effect under subsection (i); and
(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).
(b) Authority under this section
(1) may be granted or exercised only with respect to a position
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agencys successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
(c) The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
(d) 
(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted.
(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
(e) The authority to fix the rate of basic pay under this section for a position shall terminate
(1) whenever the Office of Personnel Management determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
(f) The Office of Personnel Management may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
(g) The Office of Personnel Management shall consult with the Office of Management and Budget before making any decision to grant or terminate any authority under this section.
(h) The Office of Personnel Management shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include
(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and
(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
(i) 
(1) For the purpose of this subsection, the term position means the work, consisting of the duties and responsibilities, assignable to an employee, except that such term does not include any position under subsection (a)(2)(A)(E).
(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).

5 USC 5378 - Police forces of the Bureau of Engraving and Printing and the United States Mint

(a) The Secretary of the Department of the Treasury, or his designee, in his sole discretion shall fix the rates of basic pay for positions within the police forces of the United States Mint and the Bureau of Engraving and Printing without regard to the pay provisions of title 5, United States Code, except that no entry-level police officer shall receive basic pay for a calendar year that is less than the basic rate of pay for General Schedule GS7 and no executive security official shall receive basic compensation for a calendar year that exceeds the basic rate of pay for General Schedule GS15.
(b) For the purpose of this section, the term police forces of the Bureau of Engraving and Printing and the United States Mint means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.

5 USC 5379 - Student loan repayments

(a) 
(1) For the purpose of this section
(A) the term agency means an agency under subparagraph (A), (B), (C), (D), or (E) of section 4101 (1) of this title, the Architect of the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services; and
(B) the term student loan means
(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et seq.); and
(iii) a health education assistance loan made or insured under part A of title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) or under part E of title VIII of such Act (42 U.S.C. 297a et seq.).
(2) An employee shall be ineligible for benefits under this section if the employee occupies a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.
(b) 
(1) The head of an agency may, in order to recruit or retain highly qualified personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee.
(2) Payments under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the agency and employee concerned, except that the amount paid by an agency under this section may not exceed
(A) $10,000 for any employee in any calendar year; or
(B) a total of $60,000 in the case of any employee.
(3) Nothing in this section shall be considered to authorize an agency to pay any amount to reimburse an employee for any repayments made by such employee prior to the agencys entering into an agreement under this section with such employee.
(c) 
(1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will
(A) remain in the service of the agency for a period specified in the agreement (not less than 3 years), unless involuntarily separated; and
(B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, repay to the Government the amount of any benefits received by such employee from that agency under this section.
(2) The payment agreed to under paragraph (1)(B) of this subsection may not be required of an employee who leaves the service of such employees agency voluntarily to enter into the service of any other agency unless the head of the agency that authorized the benefits notifies the employee before the effective date of such employees entrance into the service of the other agency that payment will be required under this subsection.
(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under paragraph (2) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, a sum equal to the amount outstanding is recoverable by the Government from the employee (or such employees estate, if applicable) by
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B) such other method as is provided by law for the recovery of amounts owing to the Government.

The head of the agency concerned may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest.

(4) Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which merged.
(d) An employee receiving benefits under this section from an agency shall be ineligible for continued benefits under this section from such agency if the employee
(1) separates from such agency; or
(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe.
(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301 (b) of this title, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service.
(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved.
(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.
(h) 
(1) Each head of an agency shall maintain, and annually submit to the Director of the Office of Personnel Management, information with respect to the agency on
(A) the number of Federal employees selected to receive benefits under this section;
(B) the job classifications for the recipients; and
(C) the cost to the Federal Government of providing the benefits.
(2) The Director of the Office of Personnel Management shall prepare, and annually submit to Congress, a report containing the information submitted under paragraph (1), and information identifying the agencies that have provided benefits under this section.

5 USC 5380 - Repealed. Pub. L. 102378, 8(a), Oct. 2, 1992, 106 Stat. 1359]

Section, added Pub. L. 101–510, div. A, title XII, 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay authority for critical positions. See section 5377 of this title. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(1), and provided that this title shall read as if section 1206 (i)(1) had not been enacted. Pub. L. 101–510, § 1206(i)(3), provided that (A) unless section 5380 of this title did not take effect as provided in subpar. (B), such section would cease to be in effect on the earlier of Oct. 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990 [Nov. 5, 1990], and (B) section 5380 of this title would not take effect if the Federal Employees Pay Comparability Act of 1990 [Pub. L. 101–509] was enacted before the date of the enactment of this Act [Nov. 5, 1990]. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(3), and provided that this title shall read as if section 1206 (i)(3) had not been enacted.

TITLE 5 - US CODE - SUBCHAPTER VIII - PAY FOR THE SENIOR EXECUTIVE SERVICE

5 USC 5381 - Definitions

For the purpose of this subchapter, agency, Senior Executive Service position, career appointee, and senior executive have the meanings set forth in section 3132 (a) of this title.

5 USC 5382 - Establishment of rates of pay for the Senior Executive Service

(a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agencys performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the Presidents Pay Agent designated under section 5304 (d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306 (e) or 5373.
(b) Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
(c) No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).

5 USC 5383 - Setting individual senior executive pay

(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.
(b) Members of the Senior Executive Service shall be subject to the limitation under section 5307.
(c) Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.
(d) The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.
(e) 
(1) This subsection applies to
(A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and
(B) any individual who
(i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and
(ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.
(2) 
(A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.
(B) The initial rate of pay for a career appointee following the positions conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such positions conversion.

5 USC 5384 - Performance awards in the Senior Executive Service

(a) 
(1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section.
(2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under section 5382 of this title or any award paid under section 4507 of this title.
(b) 
(1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointees most recent performance appraisal and rating under subchapter II of chapter 43 of this title.
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointees rate of basic pay.
(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of
(A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or
(B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
(c) 
(1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under section 4314 of this title.
(2) not[1] less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d) The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards.
[1] So in original. Probably should be capitalized.

5 USC 5385 - Regulations

The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

TITLE 5 - US CODE - SUBCHAPTER IX - SPECIAL OCCUPATIONAL PAY SYSTEMS

5 USC 5391 - Definitions

For the purposes of this subchapter, agency, employee, and position have the meanings given them by section 5102.

5 USC 5392 - Establishment of special occupational pay systems

(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section).
(b) Subject to subsection (a), the Presidents pay agent (as referred to in section 5304 (d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III.
(c) In establishing special occupational pay systems, the pay agent shall
(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately;
(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations;
(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties;
(4) publish a proposed plan for determining the pay of such employees in the Federal Register;
(5) conduct one or more public hearings;
(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and
(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system.
(d) A special occupational pay system may not
(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703 (c); or
(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule.
(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.

TITLE 5 - US CODE - CHAPTER 54 - HUMAN CAPITAL PERFORMANCE FUND

5 USC 5401 - Purpose

The purpose of this chapter is to promote, through the creation of a Human Capital Performance Fund, greater performance in the Federal Government. Monies from the Fund will be used to reward agencies highest performing and most valuable employees. This Fund will offer Federal managers a new tool to recognize employee performance that is critical to the achievement of agency missions.

5 USC 5402 - Definitions

For the purpose of this chapter
(1) agency means an Executive agency under section 105, but does not include the Government Accountability Office;
(2) employee includes
(A) an individual paid under a statutory pay system defined in section 5302 (1);
(B) a prevailing rate employee, as defined in section 5342 (a)(2); and
(C) a category of employees included by the Office of Personnel Management following the review of an agency plan under section 5403 (b)(1); but does not include
(i) an individual paid at an annual rate of basic pay for a level of the Executive Schedule, under subchapter II of chapter 53, or at a rate provided for one of those levels under another provision of law;
(ii) a member of the Senior Executive Service paid under subchapter VIII of chapter 53, or an equivalent system;
(iii) an administrative law judge paid under section 5372;
(iv) a contract appeals board member paid under section 5372a;
(v) an administrative appeals judge paid under section 5372b; and
(vi) an individual in a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; and
(3) Office means the Office of Personnel Management.

5 USC 5403 - Human Capital Performance Fund

(a) There is hereby established the Human Capital Performance Fund, to be administered by the Office for the purpose of this chapter.
(b) 
(1) 
(A) An agency shall submit a plan as described in section 5406 to be eligible for consideration by the Office for an allocation under this section. An allocation shall be made only upon approval by the Office of an agencys plan.
(B) 
(i) After the reduction for training required under section 5408, ninety percent of the remaining amount appropriated to the Fund may be allocated by the Office to the agencies. Of the amount to be allocated, an agencys pro rata distribution may not exceed its pro rata share of Executive branch payroll.
(ii) If the Office does not allocate an agencys full pro rata share, the undistributed amount remaining from that share will become available for distribution to other agencies, as provided in subparagraph (C).
(C) 
(i) After the reduction for training under section 5408, ten percent of the remaining amount appropriated to the Fund, as well as the amount of the pro rata share not distributed because of an agencys failure to submit a satisfactory plan, shall be allocated among agencies with exceptionally high-quality plans.
(ii) An agency with an exceptionally high-quality plan is eligible to receive an additional distribution in addition to its full pro rata distribution.
(2) Each agency is required to provide to the Office such payroll information as the Office specifies necessary to determine the Executive branch payroll.

5 USC 5404 - Human capital performance payments

(a) 
(1) Notwithstanding any other provision of law, the Office may authorize an agency to provide human capital performance payments to individual employees based on exceptional performance contributing to the achievement of the agency mission.
(2) The number of employees in an agency receiving payments from the Fund, in any year, shall not be more than the number equal to 15 percent of the agencys average total civilian full- and part-time permanent employment for the previous fiscal year.
(b) 
(1) A human capital performance payment provided to an individual employee from the Fund, in any year, shall not exceed 10 percent of the employees rate of basic pay.
(2) The aggregate of an employees rate of basic pay, adjusted by any locality-based comparability payments, and human capital performance pay, as defined by regulation, may not exceed the rate of basic pay for Executive Level IV in any year.
(3) Any human capital performance payment provided to an employee from the Fund is in addition to any annual pay adjustment (under section 5303 or any similar provision of law) and any locality-based comparability payment that may apply.
(c) No monies from the Human Capital Performance Fund may be used to pay for a new position, for other performance-related payments, or for recruitment or retention incentives paid under sections 5753 and 5754.
(d) 
(1) An agency may finance initial human capital performance payments using monies from the Human Capital Performance Fund, as available.
(2) In subsequent years, continuation of previously awarded human capital performance payments shall be financed from other agency funds available for salaries and expenses.

5 USC 5405 - Regulations

The Office shall issue such regulations as it determines to be necessary for the administration of this chapter, including the administration of the Fund. The Offices regulations shall include criteria governing
(1) an agency plan under section 5406;
(2) the allocation of monies from the Fund to agencies;
(3) the nature, extent, duration, and adjustment of, and approval processes for, payments to individual employees under this chapter;
(4) the relationship to this chapter of agency performance management systems;
(5) training of supervisors, managers, and other individuals involved in the process of making performance distinctions; and
(6) the circumstances under which funds may be allocated by the Office to an agency in amounts below or in excess of the agencys pro rata share.

5 USC 5406 - Agency plan

(a) To be eligible for consideration by the Office for an allocation under this section, an agency shall
(1) develop a plan that incorporates the following elements:
(A) adherence to merit principles set forth in section 2301;
(B) a fair, credible, and transparent employee performance appraisal system;
(C) a link between the pay-for-performance system, the employee performance appraisal system, and the agencys strategic plan;
(D) a means for ensuring employee involvement in the design and implementation of the system;
(E) adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the pay-for-performance system;
(F) a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period, and setting timetables for review;
(G) effective safeguards to ensure that the management of the system is fair and equitable and based on employee performance; and
(H) a means for ensuring that adequate agency resources are allocated for the design, implementation, and administration of the pay-for-performance system;
(2) upon approval, receive an allocation of funding from the Office;
(3) make payments to individual employees in accordance with the agencys approved plan; and
(4) provide such information to the Office regarding payments made and use of funds received under this section as the Office may specify.
(b) The Office, in consultation with the Chief Human Capital Officers Council, shall review and approve an agencys plan before the agency is eligible to receive an allocation of funding from the Office.
(c) The Chief Human Capital Officers Council shall include in its annual report to Congress under section 1303(d) of the Homeland Security Act of 2002 an evaluation of the formulation and implementation of agency performance management systems.

5 USC 5407 - Nature of payment

Any payment to an employee under this section shall be part of the employees basic pay for the purposes of subchapter III of chapter 83, and chapters 84 and 87, and for such other purposes (other than chapter 75) as the Office shall determine by regulation.

5 USC 5408 - Appropriations

There is authorized to be appropriated $500,000,000 for fiscal year 2004, and, for each subsequent fiscal year, such sums as may be necessary to carry out the provisions of this chapter. In the first year of implementation, up to 10 percent of the amount appropriated to the Fund shall be available to participating agencies to train supervisors, managers, and other individuals involved in the appraisal process on using performance management systems to make meaningful distinctions in employee performance and on the use of the Fund.

TITLE 5 - US CODE - CHAPTER 55 - PAY ADMINISTRATION

TITLE 5 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

5 USC 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.

5 USC 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.

5 USC 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.

5 USC 5504 - Biweekly pay periods; computation of pay

(a) The pay period for an employee covers two administrative workweeks.
(b) When, in the case of an employee, 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 2,087.
(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.

(c) For the purposes of this section:
(1) The term employee means
(A) an employee in or under an Executive agency;
(B) 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 (a)(5) of this title; and
(C) an individual employed by the government of the District of Columbia.
(2) The term employee does not include
(A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
(B) an employee or individual excluded from the definition of employee in section 5541 (2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
(3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individuals employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).
(d) 
(1) The Office of Personnel Management 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.
(2) The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.

5 USC 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 months pay is one-twelfth of a years pay.
(2) A days pay is one-thirtieth of a months pay.
(3) The 31st day of a calendar month is ignored in computing pay, except that one days pay is forfeited for one days unauthorized absence on the 31st day of a calendar month.
(4) For each day of the month elapsing before entering the service, one days pay is deducted from the first months pay of the individual.

This section does not apply to an employee whose pay is computed under section 5504 (b) of this title.

5 USC 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 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.

5 USC 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.

5 USC 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.

5 USC 5509 - Appropriations

There are authorized to be appropriated sums necessary to carry out the provisions of this title.

TITLE 5 - US CODE - SUBCHAPTER II - WITHHOLDING PAY

5 USC 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.

5 USC 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 employing agency, 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 individual.

5 USC 5513 - Withholding pay; credit disallowed or charge raised for payment

When the Government Accountability 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.

5 USC 5514 - Installment deduction for indebtedness to the United States

(a) 
(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made 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. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. 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 subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service employees, employees of other government corporations, and seasonal and temporary employees. The Secretary of the Treasury shall establish and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate regulations for this program. Agencies that perform centralized salary offset computer matching services under this subsection are authorized to charge a fee sufficient to cover the full cost for such services.
(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with
(A) a minimum of thirty days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection;
(B) an opportunity to inspect and copy Government records relating to the debt;
(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or his designee, to establish a schedule for the repayment of the debt; and
(D) an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule.

A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing.

(3) Paragraph (2) shall not apply to routine intra-agency adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the four pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.
(4) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to sections 3711 and 3716–3718 of title 31 or in accordance with any other statutory authority for the collection of claims of the United States or any agency thereof.
(5) For purposes of this subsection
(A) disposable pay means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
(B) agency includes executive departments and agencies, the United States Postal Service, the Postal Regulatory Commission, any nonappropriated fund instrumentality described in section 2105 (c) of this title, the United States Senate, the United States House of Representatives, and any court, court administrative office, or instrumentality in the judicial or legislative branches of the Government, and government corporations.
(b) 
(1) The head of each agency shall prescribe regulations, subject to the approval of the President, to carry out this section and section 3530 (d) of title 31. Regulations prescribed by the Secretaries of the military departments shall be uniform for the military services insofar as practicable.
(2) For purposes of section 7117 (a) of this title, no regulation prescribed to carry out subsection (a)(2) of this section shall be considered to be a Government-wide rule or regulation.
(c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and section 3530 (d) 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.
(d) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over other deductions under this section.
(e) An employee of a nonappropriated fund instrumentality described in section 2105 (c) of this title is deemed an employee covered by this section.

5 USC 5515 - Crediting amounts received for jury or witness service

An amount received by an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia for service as a juror or witness during a period for which he is entitled to leave under section 6322 (a) of this title, or is performing official duty under section 6322 (b) of this title, shall be credited against pay payable to him by the United States or the District of Columbia with respect to that period.

5 USC 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 Mayor of the District of Columbia within 120 days of a request for agreement from the Mayor. 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 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. In the case of pay for service as a member of the armed forces, the second sentence of this subsection shall be applied by substituting who are residents of the District of Columbia for whose regular place of employment is within the District of Columbia. 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.

5 USC 5517 - Withholding State income taxes

(a) When a State statute
(1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and
(2) imposes the duty or grants the authority 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. In the case of pay for service as a member of the armed forces, the preceding sentence shall be applied by substituting who are residents of the State with which the agreement is made for whose regular place of Federal employment is within the State with which the agreement is made.

(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, territory, possession, or commonwealth of the United States.
(d) For the purpose of this section and sections 5516 and 5520, the terms serve as a member of the armed forces and service as a member of the Armed Forces include
(1) participation in exercises or the performance of duty under section 502 of title 32, United States Code, by a member of the National Guard; and
(2) participation in scheduled drills or training periods, or service on active duty for training, under section 10147 of title 10, United States Code, by a member of the Ready Reserve.

5 USC 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 in 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.

5 USC 5519 - Crediting amounts received for certain Reserve or National Guard service

An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323 (b) or (c) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.

5 USC 5520 - Withholding of city or county income or employment taxes

(a) When a city or county ordinance
(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 a designated city or county officer, department, or instrumentality; and
(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;

the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and

(i)  whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or
(ii)  is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in section 5517 (d) of this title). The agreement may not permit withholding of a city or county tax from the pay of an employee who is not a resident of, or whose regular place of Federal employment is not within, the State in which that city or county is located unless the employee consents to the withholding.
(b) This section does not give the consent of the United States to the application of an ordinance 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 city or county for services performed in withholding city or county income or employment taxes from the pay of employees of the agency.
(c) For the purpose of this section
(1) city means any unit of general local government which
(A) is classified as a municipality by the Bureau of the Census, or
(B) is a town or township which, in the determination of the Secretary of the Treasury
(i) possesses powers and performs functions comparable to those associated with municipalities,
(ii) is closely settled, and
(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census,

within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;

(2) county means any unit of local general government which is classified as a county by the Bureau of the Census and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(3) ordinance means an ordinance, order, resolution, or similar instrument which is duly adopted and approved by a city or county in accordance with the constitution and statutes of the State in which it is located and which has the force of law within such city or county; and
(4) agency means
(A) an Executive agency;
(B) the judicial branch; and
(C) the United States Postal Service.

5 USC 5520a - Garnishment of pay

(a) For purposes of this section
(1) agency means each agency of the Federal Government, including
(A) an executive agency, except for the Government Accountability Office;
(B) the United States Postal Service and the Postal Regulatory Commission;
(C) any agency of the judicial branch of the Government; and
(D) any agency of the legislative branch of the Government, including the Government Accountability Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;
(2) employee means an employee of an agency (including a Member of Congress as defined under section 2106);
(3) legal process means any writ, order, summons, or other similar process in the nature of garnishment, that
(A) is issued by a court of competent jurisdiction within any State, territory, or possession of the United States, or an authorized official pursuant to an order of such a court or pursuant to State or local law; and
(B) orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorneys fees, interest, or court costs; and
(4) pay means
(A) basic pay, premium pay paid under subchapter V, any payment received under subchapter VI, VII, or VIII, severance and back pay paid under subchapter IX, sick pay, incentive pay, and any other compensation paid or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and
(B) does not include awards for making suggestions.
(b) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) pay from an agency to an employee is subject to legal process in the same manner and to the same extent as if the agency were a private person.
(c) 
(1) Service of legal process to which an agency is subject under this section may be accomplished by certified or registered mail, return receipt requested, or by personal service, upon
(A) the appropriate agent designated for receipt of such service of process pursuant to the regulations issued under this section; or
(B) the head of such agency, if no agent has been so designated.
(2) Such legal process shall be accompanied by sufficient information to permit prompt identification of the employee and the payments involved.
(d) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at his or her duty station or last-known home address.
(e) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the carrying out of any of such employees duties which pertain directly or indirectly to the answering of any such interrogatory.
(f) Agencies affected by legal process under this section shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process.
(g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such payment is made in accordance with this section and the regulations issued to carry out this section. In determining the amount of any payment due from, or payable by, an agency to an employee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act (42 U.S.C. 662 (g)).
(h) 
(1) Subject to the provisions of paragraph (2), if an agency is served under this section with more than one legal process with respect to the same payments due or payable to an employee, then such payments shall be available, subject to section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673), to satisfy such processes in priority based on the time of service, with any such process being satisfied out of such amounts as remain after satisfaction of all such processes which have been previously served.
(2) A legal process to which an agency is subject under section 459 of the Social Security Act (42 U.S.C. 659) for the enforcement of the employees legal obligation to provide child support or make alimony payments, shall have priority over any legal process to which an agency is subject under this section.
(i) The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act (42 U.S.C. 659) concerning legal process brought for the enforcement of an individuals legal obligations to provide child support or make alimony payments.
(j) 
(1) Regulations implementing the provisions of this section shall be promulgated
(A) by the President or his designee for each executive agency, except with regard to employees of the United States Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations;
(B) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, for the legislative branch of the Government; and
(C) by the Chief Justice of the United States or his designee for the judicial branch of the Government.
(2) Such regulations shall provide that an agencys administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.
(k) 
(1) No later than 180 days after the date of the enactment of this Act, the Secretaries of the Executive departments concerned shall promulgate regulations to carry out the purposes of this section with regard to members of the uniformed services.
(2) Such regulations shall include provisions for
(A) the involuntary allotment of the pay of a member of the uniformed services for indebtedness owed a third party as determined by the final judgment of a court of competent jurisdiction, and as further determined by competent military or executive authority, as appropriate, to be in compliance with the procedural requirements of the Servicemembers Civil Relief Act (50 App. U.S.C. 501 et seq.); and
(B) consideration for the absence of a member of the uniformed service from an appearance in a judicial proceeding resulting from the exigencies of military duty.
(3) The Secretaries of the Executive departments concerned shall promulgate regulations under this subsection that are, as far as practicable, uniform for all of the uniformed services. The Secretary of Defense shall consult with the Secretary of Homeland Security with regard to the promulgation of such regulations that might affect members of the Coast Guard when the Coast Guard is operating as a service in the Navy.

TITLE 5 - US CODE - SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5 USC 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;
(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 Mayor 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.

5 USC 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 departure (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is officially authorized or ordered
(1) from a place outside the United States from which the Secretary of State determines it is in the national interest to require the departure of some or all employees, their dependents, or both; or
(2) from any place where there is imminent danger to the life of the employee or the lives of the dependents or immediate family of the employee.
(b) 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 departure 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.

5 USC 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) whose departure (or that of the employees dependents or immediate family, as the case may be) is authorized or ordered under section 5522 (a); 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 departure order. An 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 departure.
(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.

5 USC 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.

5 USC 5524a - Advance payments for new appointees

(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency.
(b) 
(1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed.
(2) The head of each agency shall provide for
(A) the review of the account of each employee of the agency in receipt of any payment under this section; and
(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employees appointment during each period in the position to which appointed.
(c) An advance payment under 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 such employees 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 payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.

5 USC 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. For purposes of this section, the term agency includes the Office of the Architect of the Capitol.

5 USC 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.

5 USC 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.
(b) The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, 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.

TITLE 5 - US CODE - SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

5 USC 5531 - Definitions

For the purpose of section 5533 of this title
(1) member has the meaning given such term by section 101 (23) of title 37;
(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;
(3) retired or retainer pay means retired pay, as defined in section 8311 (3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311 (3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10;
(4) agency in the legislative branch means the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, and the Congressional Budget Office;
(5) employee of the House of Representatives means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;
(6) employee of the Senate means a congressional employee whose pay is disbursed by the Secretary of the Senate; and
(7) congressional employee has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.

5 USC 5532 - Repealed. Pub. L. 10665, div. A, title VI, 651(a)(1), Oct. 5, 1999, 113 Stat. 664]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, § 308(a), (c)(f)(1), Oct. 13, 1978, 92 Stat. 1149–1151; Pub. L. 97–276, § 151(b), Oct. 2, 1982, 96 Stat. 1200; Pub. L. 98–396, title III, § 306, Aug. 22, 1984, 98 Stat. 1424; Pub. L. 98–525, title XV, § 1537(b), Oct. 19, 1984, 98 Stat. 2635; Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 351; Pub. L. 99–500, § 101(l), Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308; Pub. L. 100–202, §§ 101(l) [title I, 101], 106, Dec. 22, 1987, 101 Stat. 1329–358, 1329362, 1329433; Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101–509, title V, § 529 [title I, 108(a)], Nov. 5, 1990, 104 Stat. 1427, 1449; Pub. L. 101–510, div. A, title XII, 1206(j)(1), Nov. 5, 1990, 104 Stat. 1663; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–190, div. A, title VI, 655(a)(1), Dec. 5, 1991, 105 Stat. 1390; Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105–55, title I, § 107, Oct. 7, 1997, 111 Stat. 1184, related to employment of retired members of uniformed services and reduction in retired or retainer pay.

5 USC 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 Office of Personnel Management, 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) 
(1) Unless otherwise authorized by law and except as otherwise provided by paragraph (2) or (4) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position if the pay of one of the positions is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, or one of the positions is under the Office of the Architect of the Capitol, and if the aggregate gross pay from the positions exceeds $7,724 a year ($10,540, in the case of pay disbursed by the Secretary of the Senate).
(2) Notwithstanding paragraph (1) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position, for each of which the pay is disbursed by the Chief Administrative Officer of the House of Representatives, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of the clerk hire allowance of a Member of the House.
(3) For the purposes of this subsection, gross pay means the annual rate of pay (or equivalent thereof in the case of an individual paid on other than an annual basis) received by an individual.
(4) Paragraph (1) of this subsection does not apply to 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 day.
(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;
(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 Chief Administrative Officer 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; or
(F) section 631 or 631a of title 31, District of Columbia Code.
[(G) Repealed. Pub. L. 96–70, title III, § 3302(e)(8), Sept. 27, 1979, 93 Stat. 498.]
(e) 
(1) This section does not apply to an individual employed under sections 174j–1 to 174j–7 or 174k1 of title 40.
(2) Subsection (c) of this section does not apply to pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period.
[1] See References in Text note below.

5 USC 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.

5 USC 5534a - Dual employment and pay during terminal leave from uniformed services

A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, 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 from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303 (a) of this title for a retired member of a uniformed service.

5 USC 5535 - Extra 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 designation as acting for or instead of an occupant of another position or employment.

This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.

5 USC 5536 - Extra 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.

5 USC 5537 - Fees for jury and witness service

(a) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia may not receive fees for service
(1) as a juror in a court of the United States or the District of Columbia; or
(2) as a witness on behalf of the United States or the District of Columbia.
(b) An official of a court of the United States or the District of Columbia may not receive witness fees for attendance before a court, commissioner, or magistrate judge where he is officiating.
(c) For the purpose of this section, court of the United States has the meaning given it by section 451 of title 28 and includes the District Court of Guam and the District Court of the Virgin Islands.

TITLE 5 - US CODE - SUBCHAPTER V - PREMIUM PAY

5 USC 5541 - Definitions

For the purpose of this subchapter
(1) agency means
(A) an Executive agency;
(B) a military department;
(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;
(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 judge 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
(I) the Metropolitan Police or the Fire Department of the District of Columbia; or
(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section[1] 5545(a) and 5546;
(v) a student-employee as defined by section 5351 of this title;
[(vi) Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970, 84 Stat. 776;]
(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 pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of chapter 53 of this title, or by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 or 5550b 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 Environmental Science Services Administration, or a vessel employee of the Department of the Interior;
(xiii) a teacher or an individual holding a teaching position as defined by section 901 of title 20;
(xiv) a Foreign Service officer;
(xv) a member of the Senior Foreign Service;
(xvi) member of the Senior Executive Service; or
(xvii) a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(3) law enforcement officer means an employee who
(A) is a law enforcement officer within the meaning of section 8331 (20) or 8401 (17);
(B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a law enforcement officer within the meaning of section 8331 (20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section;
(C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section 8401 (17), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401 (17)(A) and (B) for at least 3 years; and
(D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84
(i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; or
(ii) is a special agent in the Diplomatic Security Service.
[1] So in original. Probably should be “sections”.

5 USC 5542 - Overtime rates; computation

(a) For full-time, part-time and intermittent tours of duty, hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, 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 GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime 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 GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of one and one-half times the hourly rate of the minimum rate of basic pay for GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) or the hourly rate of basic pay of the employee, and all that amount is premium pay.
(3) Notwithstanding paragraphs (1) and (2) of this subsection for an employee of the Department of Transportation who occupies a nonmanagerial position in GS14 or under and, as determined by the Secretary of Transportation,
(A) the duties of which are critical to the immediate daily operation of the air traffic control system, directly affect aviation safety, and involve physical or mental strain or hardship;
(B) in which overtime work is therefore unusually taxing; and
(C) in which operating requirements cannot be met without substantial overtime work; the overtime 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.
(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer, and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of
(A) one and one-half times the minimum hourly rate of basic pay for GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the hourly rate of basic pay of the employee,

and all that amount is premium pay.

(5) Notwithstanding paragraphs (1) and (2), for an employee of the Department of the Interior or the United States Forest Service in the Department of Agriculture engaged in emergency wildland fire suppression activities, the overtime 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.
(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
(i)  involves the performance of work while traveling,
(ii)  is incident to travel that involves the performance of work while traveling,
(iii)  is carried out under arduous conditions, or
(iv)  results from an event which could not be scheduled or controlled administratively, including travel by an employee to such an event and the return of such employee from such event to his or her official-duty station.
(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor[1] Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(d) In applying subsection (a) of this section with respect to any criminal investigator who is paid availability pay under section 5545a
(1) such investigator shall be compensated under such subsection (a), at the rates there provided, for overtime work which is scheduled in advance of the administrative workweek
(A) in excess of 10 hours on a day during such investigators basic 40 hour workweek; or
(B) on a day outside such investigators basic 40 hour workweek; and
(2) such investigator shall be compensated for all other overtime work under section 5545a.
(e) Notwithstanding subsection (d)(1) of this section, all hours of overtime work scheduled in advance of the administrative workweek shall be compensated under subsection (a) if that work involves duties as authorized by section 3056 (a) of title 18 or section 37(a)(3) of the State Department Basic Authorities Act of 1956, and if the investigator performs, on that same day, at least 2 hours of overtime work not scheduled in advance of the administrative workweek.
(f) In applying subsection (a) of this section with respect to a firefighter who is subject to section 5545b
(1) such subsection shall be deemed to apply to hours of work officially ordered or approved in excess of 106 hours in a biweekly pay period, or, if the agency establishes a weekly basis for overtime pay computation, in excess of 53 hours in an administrative workweek; and
(2) the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay under section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such overtime hourly rate of pay may not be less than such hourly rate of basic pay in applying the limitation on the overtime rate provided in paragraph (2) of such subsection (a).
[1] So in original. Probably should be capitalized.

5 USC 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 under section 5542 or section 7 of the Fair Labor Standards Act of 1938 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 GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) 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 head of an agency may, on request of an employee, grant the employee compensatory time off from the employees scheduled tour of duty instead of payment under section 5544 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work. An agency head may not require an employee to be compensated for overtime work with an equivalent amount of compensatory time-off from the employees tour of duty.
(c) 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.
(d) 
(1) The appropriate Secretary may, on request of an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105 (c), grant such employee compensatory time off from duty instead of overtime pay for overtime work.
(2) For purposes of this subsection, the term appropriate Secretary means
(A) with respect to an employee of a nonappropriated fund instrumentality of the Department of Defense, the Secretary of Defense; and
(B) with respect to an employee of a nonappropriated fund instrumentality of the Coast Guard, the Secretary of the Executive department in which it is operating.

5 USC 5544 - Wage-board overtime and Sunday rates; computation

(a) An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or 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 employee 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 2,087, 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 2,087, and multiply the quotient by one and one-half.

An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday. Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel

(i)  involves the performance of work while traveling,
(ii)  is incident to travel that involves the performance of work while traveling,
(iii)  is carried out under arduous conditions, or
(iv)  results from an event which could not be scheduled or controlled administratively (including travel by the employee to such event and the return of the employee from such event to the employees official duty station). The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(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 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.
(c) The provisions of this section, including the last two sentences of subsection (a) and the provisions of section 5543 (b), shall apply to a prevailing rate employee described in section 5342 (a)(2)(B).

5 USC 5545 - Night, standby, irregular, and hazardous 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 includes
(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 5141 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 Office of Personnel Management, 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 GS10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) (or, for a position described in section 5542 (a)(3) of this title, of the basic pay of the position), 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, Sunday, 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 with the employee generally being responsible for recognizing, without supervision, circumstances which require the employee 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, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is an appropriate percentage, not less than 10 percent nor more than 25 percent, of the rate of basic pay for the position, as determined by taking into consideration the frequency and duration of irregular, unscheduled overtime duty required in the position.
(d) The Office shall establish a schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard, and for any hardship or hazard related to asbestos, such differentials shall be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970. Under such regulations as the Office may prescribe, and for such minimum periods as it determines appropriate, an employee to whom chapter 51 and subchapter III of chapter 53 of this title applies is entitled to be paid the appropriate differential for any period in which he is subjected to physical hardship or hazard not usually involved in carrying out the duties of his position. However, the pay differential
(1) does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof, except in such circumstances as the Office may by regulation prescribe; and
(2) may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee.

5 USC 5545a - Availability pay for criminal investigators

(a) For purposes of this section
(1) the term available refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency;
(2) the term criminal investigator means a law enforcement officer as defined under section 5541 (3) (other than an officer occupying a position under title II of Public Law 99399, subject to subsection (k)) who is required to
(A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues;
(B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings;
(C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court;
(D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention);
(E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including
(i) knowledge of the elements of a crime;
(ii) evidence required to prove the crime;
(iii) decisions involving arrest authority;
(iv) methods of criminal operations; and
(v) availability of detection devices; and
(F) possess the ability to follow leads that indicate a crime will be committed rather than initiate an investigation after a crime is committed;
(3) the term unscheduled duty means hours of duty a criminal investigator works, or is determined to be available for work, that are not
(A) part of the 40 hours in the basic work week of the investigator; or
(B) overtime hours paid under section 5542; and
(4) the term regular work day means each day in the investigators basic work week during which the investigator works at least 4 hours that are not overtime hours paid under section 5542 or hours considered part of section 5545a.
(b) The purpose of this section is to provide premium pay to criminal investigators to ensure the availability of criminal investigators for unscheduled duty in excess of a 40 hour work week based on the needs of the employing agency.
(c) Each criminal investigator shall be paid availability pay as provided under this section. Availability pay shall be paid to ensure the availability of the investigator for unscheduled duty. The investigator is generally responsible for recognizing, without supervision, circumstances which require the investigator to be on duty or be available for unscheduled duty based on the needs of the agency. Availability pay provided to a criminal investigator for such unscheduled duty shall be paid instead of premium pay provided by other provisions of this subchapter, except premium pay for regularly scheduled overtime work as provided under section 5542, night duty, Sunday duty, and holiday duty.
(d) 
(1) A criminal investigator shall be paid availability pay, if the average of hours described under paragraph (2)(A) and (B) is equal to or greater than 2 hours.
(2) The hours referred to under paragraph (1) are
(A) the annual average of unscheduled duty hours worked by the investigator in excess of each regular work day; and
(B) the annual average of unscheduled duty hours such investigator is available to work on each regular work day upon request of the employing agency.
(3) Unscheduled duty hours which are worked by an investigator on days that are not regular work days shall be considered in the calculation of the annual average of unscheduled duty hours worked or available for purposes of certification.
(4) An investigator shall be considered to be available when the investigator cannot reasonably and generally be accessible due to a status or assignment which is the result of an agency direction, order, or approval as provided under subsection (f)(1).
(e) 
(1) Each criminal investigator receiving availability pay under this section and the appropriate supervisory officer, to be designated by the head of the agency, shall make an annual certification to the head of the agency that the investigator has met, and is expected to meet, the requirements of subsection (d). The head of a law enforcement agency may prescribe regulations necessary to administer this subsection.
(2) Involuntary reduction in pay resulting from a denial of certification under paragraph (1) shall be a reduction in pay for purposes of section 7512 (4) of this title.
(f) 
(1) A criminal investigator who is eligible for availability pay shall receive such pay during any period such investigator is
(A) attending agency sanctioned training;
(B) on agency approved sick leave or annual leave;
(C) on agency ordered travel status; or
(D) on excused absence with pay for relocation purposes.
(2) Notwithstanding paragraph (1)(A), agencies or departments may provide availability pay to investigators during training which is considered initial, basic training usually provided in the first year of service.
(3) Agencies or departments may provide availability pay to investigators when on excused absence with pay, except as provided in paragraph (1)(D).
(g) Section 5545 (c) shall not apply to any criminal investigator who is paid availability pay under this section.
(h) Availability pay under this section shall be
(1) 25 percent of the rate of basic pay for the position; and
(2) treated as part of the basic pay for purposes of
(A) sections 5595 (c), 8114 (e), 8331 (3), and 8704 (c); and
(B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.
(i) The provisions of subsections (a)(h) providing for availability pay shall apply to a pilot employed by the United States Customs Service who is a law enforcement officer as defined under section 5541 (3). For the purpose of this section, section 5542 (d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213 (a)(16) and (b)(30)), such pilot shall be deemed to be a criminal investigator as defined in this section. The Office of Personnel Management may prescribe regulations to carry out this subsection.
(j) Notwithstanding any other provision of this section, any Office of Inspector General which employs fewer than 5 criminal investigators may elect not to cover such criminal investigators under this section.
(k) 
(1) For purposes of this section, the term criminal investigator includes a special agent occupying a position under title II of Public Law 99399 if such special agent
(A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and
(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof.
(2) In applying subsection (h) with respect to a special agent under this subsection
(A) any reference in such subsection to basic pay shall be considered to include amounts designated as salary;
(B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and
(C) paragraph (2)(B) of such subsection shall be applied by substituting for Office of Personnel Management the following: Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned).

5 USC 5545b - Pay for firefighters

(a) This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, consists of regular tours of duty which average at least 106 hours per biweekly pay period.
(b) 
(1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504 (b) shall be applied as follows in computing pay
(A) paragraph (1) of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and
(B) the computation of such firefighters daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A);
(2) For the purpose of sections 5595 (c), 5941, 8331 (3), and 8704 (c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighters basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighters regular tour of duty (including overtime hours).
(c) 
(1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504 (b) shall be applied as follows in computing pay
(A) the provisions of such section shall apply to the hours within the basic 40-hour workweek;
(B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and
(C) the computation of such firefighters daily, weekly, or biweekly rate shall be based on subparagraphs (A) and (B), as each applies to the hours involved.
(2) For purposes of sections 5595 (c), 5941, 8331 (3), and 8704 (c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include
(A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and
(B) an amount equal to the firefighters basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighters regular tour of duty (including overtime hours).
(d) 
(1) A firefighter who is subject to this section shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this subchapter.
(2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a firefighter who is subject to this section, no violation referred to in such section 7 (k) shall be deemed to have occurred if the requirements of section 5542 (a) are met, applying section 5542 (a) as provided in subsection (f) of that section: Provided, That the overtime hourly rate of pay for such firefighter shall in all cases be an amount equal to one and one-half times the firefighters hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.
(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.
(4) Notwithstanding section 8114 (e)(1), overtime pay for a firefighter subject to this section for hours in a regular tour of duty shall be included in any computation of pay under section 8114.

5 USC 5546 - Pay for Sunday and holiday work

(a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542 (a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.
(b) 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 District of Columbia Council, 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.
(c) 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.
(d) An employee who performs overtime work as defined by section 5542 (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.
(e) 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.

5 USC 5546a - Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense

(a) The Administrator of the Federal Aviation Administration (hereafter in this section referred to as the Administrator) and the Secretary of Defense (hereafter in this section referred to as the Secretary) may pay premium pay at the rate of 5 per centum of the applicable rate of basic pay to
(1) any employee of the Federal Aviation Administration or the Department of Defense who is
(A) occupying a position in the air traffic controller series classified not lower than GS9 and located in an air traffic control center or terminal or in a flight service station;
(B) assigned to a position classified not lower than GS09 or WG10 located in an airway facilities sector; or
(C) assigned to a flight inspection crew-member position classified not lower than GS11 located in a flight inspection field office,

the duties of whose position are determined by the Administrator or the Secretary to be directly involved in or responsible for the operation and maintenance of the air traffic control system; and

(2) any employee of the Federal Aviation Administration or the Department of Defense who is assigned to a flight test pilot position classified not lower than GS-12 located in a region or center, the duties of whose position are determined by the Administrator or the Secretary to be unusually taxing, physically or mentally, and to be critical to the advancement of aviation safety; and
(3) any employee of the Federal Aviation Administration who occupies a position at the Federal Aviation Administration Academy, Oklahoma City, Oklahoma, the duties of which are determined by the Administrator to require the individual to be actively engaged in or directly responsible for training employees to perform the duties of a position described in subparagraph (a); (b); or (c) or paragraph (1) of this subsection, and who, immediately prior to assuming such position at such Academy, occupied a position referred to in subparagraph (a), (b), or (c) of paragraph (1) of this subsection.
(b) The premium pay payable under any subsection of this section is in addition to basic pay and to premium pay payable under any other subsection of this section and any other provision of this subchapter.
(c) 
(1) The Administrator or the Secretary may pay premium pay to any employee of the Federal Aviation Administration or the Department of Defense who
(A) is an air traffic controller located in an air traffic control center or terminal;
(B) is not required as a condition of employment to be certified by the Administrator or the Secretary as proficient and medically qualified to perform duties including the separation and control of air traffic; and
(C) is so certified.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 1.6 per centum of the applicable rate of basic pay for so long as such employee is so certified.
(d) 
(1) The Administrator or the Secretary may pay premium pay to any air traffic controller of the Federal Aviation Administration or the Department of Defense who is assigned by the Administrator or the Secretary to provide on-the-job training to another air traffic controller while such other air traffic controller is directly involved in the separation and control of live air traffic.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 10 per centum of the applicable hourly rate of basic pay times the number of hours and portion of an hour during which the air traffic controller of the Federal Aviation Administration or the Department of Defense provides on-the-job training.
(e) 
(1) The Administrator or the Secretary may pay premium pay to any air traffic controller or flight service station specialist of the Federal Aviation Administration or the Department of Defense who, while working a regularly scheduled eight-hour period of service, is required by his supervisor to work during the fourth through sixth hour of such period without a break of thirty minutes for a meal.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 50 per centum of one-half of the applicable hourly rate of basic pay.
(f) 
(1) The Administrator or the Secretary shall prescribe standards for determining which air traffic controllers and other employees of the Federal Aviation Administration or the Department of Defense are to be paid premium pay under this section.
(2) The Administrator and the Secretary may prescribe such rules as he determines are necessary to carry out the provisions of this section.

5 USC 5547 - Limitation on premium pay

(a) An employee may be paid premium pay under sections 5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) only to the extent that the payment does not cause the aggregate of basic pay and such premium pay for any pay period for such employee to exceed the greater of
(1) the maximum rate of basic pay payable for GS15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(2) the rate payable for level V of the Executive Schedule.
(b) 
(1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency.
(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the greater of
(A) the maximum rate of basic pay payable for GS15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.
(3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine that subsection (a) shall not apply to an employee who is paid premium pay to perform work that is critical to the mission of the agency. Such employees may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would not, in any calendar year, exceed the greater of
(A) the maximum rate of basic pay payable for GS15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.
(c) The Office of Personnel Management shall prescribe regulations governing the methods of applying subsection (b)(2) and (b)(3) to employees who receive premium pay under section 5545 (c) or 5545a, or to firefighters covered by section 5545b who receive overtime pay for hours in their regular tour of duty, and the method of payment to such employees. Such regulations may limit the payment of such premium pay on a biweekly basis.
(d) This section shall not apply to any employee of the Federal Aviation Administration or the Department of Defense who is paid premium pay under section 5546a.

5 USC 5548 - Regulations

(a) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545 (d) insofar as this subchapter affects employees in or under an Executive agency.
(b) The Office shall prescribe regulations necessary for the administration of section 5545 (d).

5 USC 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 10703 of the Farm Security and Rural Investment Act of 2002;
(2) sections 1353a and 1353b of title 8;
(3) sections 261,1 267, 1450, 1451, 1451a,1 and 1452 of title 19;
(4) sections 2111 and 2112 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.

[1] See References in Text note below.

5 USC 5550 - Repealed. Pub. L. 102378, 2(44)(A), Oct. 2, 1992, 106 Stat. 1352]

Section, added Pub. L. 92–392, § 10(a), Aug. 19, 1972, 86 Stat. 574, related to pay for Sunday and overtime work for employees of nonappropriated fund instrumentalities.

5 USC 5550a - Compensatory time off for religious observances

(a) Not later than 30 days after the date of the enactment of this section, the Office of Personnel Management shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious reasons, notwithstanding any other provision of law.
(b) In the case of any agency described in subparagraphs (C) through (G) of section 5541 (1) of this title, the head of such agency (in lieu of the Office) shall prescribe the regulations referred to in subsection (a) of this section.
(c) Regulations under this section may provide for such exceptions as may be necessary to efficiently carry out the mission of the agency or agencies involved.

5 USC 5550b - Compensatory time off for travel

(a) Notwithstanding any provision of section 5542 (b)(2) or 5544 (a), each hour spent by an employee in travel status away from the official duty station of the employee, that is not otherwise compensable, shall be treated as an hour of work or employment for purposes of calculating compensatory time off.
(b) An employee who has any hours treated as hours of work or employment for purposes of calculating compensatory time under subsection (a), shall not be entitled to payment for any such hours that are unused as compensatory time.

TITLE 5 - US CODE - SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5 USC 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, is transferred to a position described under section 6301 (2)(B)(xiii) of this title, or elects to receive a lump-sum payment for leave under section 5552 of this title, is entitled to receive a lump-sum 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 (excluding any differential under section 5925 and any allowance under section 5928) the employee or individual would have received had he remained in the service until expiration of the period of the annual or vacation leave. The lump-sum payment is considered pay for taxation purposes only. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation. For the purposes of this subsection, movement to employment described in section 2105 (c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308 (b).
(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301 (2)(x)(xiii) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is based on the rate of pay which he was receiving, immediately before the date on which section 6301 (2)(x)(xiii) of this title became applicable to him.
(c) 
(1) Annual leave that is restored to an employee of the Department of Defense under section 6304 (d) of this title by reason of the operation of paragraph (3) of such section and remains unused upon the transfer of the employee to a position described in paragraph (2) shall be liquidated by payment of a lump-sum for such leave to the employee upon the transfer.
(2) A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in section 6304 (d)(3) of this title.

5 USC 5552 - Lump-sum payment for accumulated and accrued leave on entering active duty; election

An employee as defined by section 2105 of this title or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to
(1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or
(2) elect to have the leave remain to his credit until his return from active duty.

5 USC 5553 - Regulations

The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.

TITLE 5 - US CODE - SUBCHAPTER VII - PAYMENTS TO MISSING EMPLOYEES

5 USC 5561 - Definitions

For the purpose of this subchapter
(1) agency means an Executive agency and a military department;
(2) employee means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)(E) of this section
(A) inside the continental United States; or
(B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;

is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;

(3) dependent means
(A) a wife;
(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the head of the agency concerned or his designee;
(4) active service means active Federal service by an employee;
(5) missing status means the status of an employee who is in active service and is officially carried or determined to be absent in a status of
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will;

but does not include the status of an employee for a period during which he is officially determined to be absent from his post of duty without authority; and

(6) pay and allowances means
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for housing;
(E) basic allowance for subsistence; and
(F) station per diem allowances for not more than 90 days.

5 USC 5562 - Pay and allowances; continuance while in a missing status; limitations

(a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled
(1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under section 6304 of this title because he was unable to use that leave by virtue of his missing status; or
(2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of section 6304 (d)(2) of this title.

An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employees rate of basic pay in effect at the time the leave was forfeited.

(b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of
(1) receipt by the head of the agency concerned of evidence that the employee is dead; or
(2) death prescribed or determined under section 5565 of this title. That entitlement does not end
(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.
(c) An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
(d) When an employee in a missing status is continued in that status under section 5565 of this title, he continues to be entitled to have pay and allowances credited under subsection (a) of this section.

5 USC 5563 - Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations

(a) An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
(b) In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
(c) All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
(d) A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
(e) Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
(f) When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)(d) of this section may be paid, subject to section 5562 of this title, until the date the head of the agency concerned receives evidence that the employee is dead or has returned to the controllable jurisdiction of the agency concerned.
(g) When an employee in a missing status is continued in that status under section 5565 of this title, an allotment under subsections (a)(d) of this section may be continued, increased, or initiated.
(h) When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee
(1) direct the payment of a new allotment from the pay of the employee;
(2) increase or decrease the amount of an allotment made by the employee; and
(3) continue payment of an allotment of the employee which has expired.

5 USC 5564 - Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable

(a) For the purpose of this section, household and personal effects and household effects may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense.
(b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561 (5) (A)(E) of this title to
(1) the official residence of record for the employee;
(2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or
(3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection.
(c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
(d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested.
(e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize
(1) reimbursement for the commercial cost of the transportation; or
(2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished.
(f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available.
(g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts.
(h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the Administrator of General Services by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the Administrator of General Services shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the Administrator of General Services or the courts.
(i) This section does not amend or repeal
(1) section 2575, 2733, 4712, 6522, or 9712 of title 10;
(2) section 507 of title 14; or
(3) chapter 171 of title 28.

5 USC 5565 - Agency review

(a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may
(1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or
(2) make a finding of death.
(b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is
(1) the day after the day on which the 12 months in a missing status ends; or
(2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.
(c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.

5 USC 5566 - Agency determinations

(a) The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to
(1) death or finding of death;
(2) the fact of dependency under this subchapter;
(3) any other status covered by this subchapter;
(4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and
(5) whether information received concerning an employee is to be construed and acted on as an official report of death.
(b) When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or status of the employee. After the end of 12 months in a missing status prescribed by section 5565 of this title, the head of the agency concerned or his designee shall make a finding of death when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that an employee in a missing status is dead.
(c) The head of the agency concerned or his designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
(d) When circumstances warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his designee may change or modify it.
(e) When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party.
(f) Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death.
(g) The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
(h) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.

5 USC 5567 - Settlement of accounts

(a) The head of the agency concerned or his designee may settle the accounts of
(1) an employee for whose account payment has been made under sections 5562, 5563, and 5565 of this title; and
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.

That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials.

(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement.
(c) In settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in carrying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him.

5 USC 5568 - Income tax deferment

Notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates:
(1) the fifteenth day of the third month in which he ceased (except because of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.

That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of title 26 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership.

5 USC 5569 - Benefits for captives

(a) For the purpose of this section
(1) captive means any individual in a captive status commencing while such individual is
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) captive status means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individuals relationship with the Government;
(3) missing status
(A) in the case of an employee, has the meaning provided under section 5561 (5) of this title; and
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) family member, as used with respect to a person, means
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such persons family or household.
(b) 
(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under section 5563 of this title or any other provision of law.
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Such interest shall be compounded quarterly.
(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of section 5563 of this title and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish.
(4) Any interest accruing under this subsection on
(A) any amount for which an individual is indebted to the United States under section 5562 (c) of this title shall be deemed to be part of the amount due under such section 5562 (c); and
(B) any amount referred to in section 5566 (f) of this title shall be deemed to be part of such amount for purposes of such section 5566 (f).
(5) An allotment under this subsection may be made without regard to section 5563 (c) of this title.
(c) The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care
(1) is incident to such individual being a captive; and
(2) is not covered
(A) by any Government medical or health program; or
(B) by insurance.
(d) 
(1) Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under section 5702 of this title which was in effect for each day that individual was so held.
(3) The President
(A) may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and
(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of section 8312 of this title committed
(i) during the period of captivity of such individual; and
(ii) related to the captive status of such individual.
(4) A payment under this subsection shall be in addition to any other amount provided by law.
(5) The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individuals death.
(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of section 3711 of title 31.
(e) 
(1) Under regulations prescribed by the President, the benefits provided by the Servicemembers Civil Relief Act, including the benefits provided by section 702 of such Act but excluding the benefits provided by sections 104, 105, and 106, title IV, and title V (other than sections 501 and 510) of such Act, shall be provided in the case of any individual who is a captive.
(2) In applying such Act under this subsection
(A) the term servicemember is deemed to include any such captive;
(B) the term period of military service is deemed to include the period during which the individual is in a captive status; and
(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President.
(f) 
(1) 
(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs
(i) after that individual has been in captive status for 90 days or more, and
(ii) on or before
(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date.

In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause.

(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individuals death.
(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under chapter 35 of title 38 or similar assistance under any other provision of law.
(E) For the purpose of this paragraph, child means a dependent under section 5561 (3)(B) of this title.
(2) 
(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Payments shall be available under this paragraph for a captive for education or training which occurs
(i) after the termination of that individuals captive status, and
(ii) on or before
(I) the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and

shall be available only to the extent that such payments are not otherwise authorized by law.

(3) Assistance under this subsection
(A) shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to section 3524 of title 38; and
(B) may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than full-time education or training).
(4) Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the assistance program under chapters 35 and 36 of title 38.
(g) Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if
(1) such family member is held in captive status; and
(2) such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences.
(h) Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after January 21, 1981.
(i) Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review.
(j) The President may prescribe regulations necessary to administer this section.
(k) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.

5 USC 5570 - Compensation for disability or death

(a) For the purpose of this section
(1) employee means
(A) any individual in the Civil Service; and
(B) any individual rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); and
(2) family member, as used with respect to an employee, means
(A) any dependent of such employee; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employees family or household.
(b) The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individuals relationship with the Government.
(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569 (d) of this title) in connection with such disability or death, except that nothing in this subsection shall result in the reduction of any amount below zero.
(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of section 5569 of this title (other than because of paragraph (2) of such subsection).
(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981.
(g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.

TITLE 5 - US CODE - SUBCHAPTER VIII - SETTLEMENT OF ACCOUNTS

5 USC 5581 - Definitions

For the purpose of this subchapter
(1) employee means
(A) an employee as defined by section 2105 of this title; and
(B) an individual employed by the government of the District of Columbia; but does not include the employee of
(i) a Federal land bank;
(ii) a Federal intermediate credit bank;
(iii) a regional bank for cooperatives; or
(iv) the Senate within the purview of section 36a of title 2; and
(2) money due means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to
(A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due;
(B) allowances on change of official station;
(C) quarters and cost-of-living allowances and overtime or premium pay;
(D) amounts due for payment of cash awards for employees suggestions;
(E) amounts due as refund of pay deductions for United States savings bonds;
(F) payment for accumulated and current accrued annual or vacation leave equal to the pay the decreased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave;
(G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime;
(H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and
(I) retroactive pay under section 5344 (a) (2) of this title.

It does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute.

5 USC 5582 - Designation of beneficiary; order of precedence

(a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under regulations promulgated
(1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency;
(2) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and
(3) by the Chief Justice of the United States or his or her designee, in the case of an employee of the judicial branch.
(b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death.

5 USC 5583 - Payment of money due; settlement of accounts

(a) Under such regulations as the Director of the Office of Personnel Management may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under section 5582 (b) of this title, or, if none, to the widow or widower of the employee.
(b) The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section. However
(1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; and
(2) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations.

5 USC 5584 - Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances

(a) A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, to an employee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by
(1) the authorized official;
(2) the head of an agency when
(A) the claim is in an amount aggregating not more than $1,500; and
(B) the waiver is made in accordance with standards which the authorized official shall prescribe; or
(3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in section 610 of title 28.
(b) The authorized official or the head of the agency, as the case may be, may not exercise his authority under this section to waive any claim
(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim;
(2) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately following the date on which the erroneous payment of pay was discovered or three years immediately following October 21, 1968, whichever is later;
(3) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following October 2, 1972, whichever is later;
(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following July 25, 1974, whichever is later; or
(5) in the case of a claim involving an erroneous payment of travel, transportation or relocation expenses and allowances, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered.
(c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for that refund within two years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section.
(d) In the audit and settlement of the accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.
(e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes.
(f) This section does not affect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States.
(g) For the purpose of this section, agency means
(1) an Executive agency;
(2) the Government Printing Office;
(3) the Library of Congress;
(4) the Office of the Architect of the Capitol;
(5) the Botanic Garden;
(6) the Administrative Office of the United States Courts, the Federal Judicial Center, and any of the courts set forth in section 610 of title 28; and
(7) the Congressional Budget Office.

For purposes of this section, the Director of the Administrative Office of the United States Courts shall be the head of the agency in the case of those entities set forth in paragraph (6) of this subsection.

(g) [1] For the purpose of this section, the term authorized official means
(1) the head of an agency, with respect to an agency or employee in the legislative branch; or
(2) the Director of the Office of Management and Budget, with respect to any other agency or employee.
[1] So in original. Probably should be “(h)”.

TITLE 5 - US CODE - SUBCHAPTER IX - SEVERANCE PAY AND BACK PAY

5591 to 5594. Repealed. Pub. L. 9083, 1(34)(B), Sept. 11, 1967, 81 Stat. 201]

5 USC 5595 - Severance pay

(a) For the purpose of this section
(1) agency means
(A) an Executive agency;
(B) the Library of Congress;
(C) the Government Printing Office;
(D) the government of the District of Columbia;
(E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by section 610 of title 28; and
(F) the Office of the Architect of the Capitol; and
(2) employee means
(A) an individual employed in or under an agency; and
(B) an individual employed by a county committee established under section 590h (b) of title 16; but does not include
(i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule;
(ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;
(iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979);
(iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and, who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system;
(v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual;
(vi) an employee who, at the time of separation from the service, is entitled to receive benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any other severance pay from the Government;
(vii) an employee of the Tennessee Valley Authority;
(viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
(ix) an employee of the Government Printing Office, who is employed on a temporary when actually employed basis; or
(x) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.
(b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who
(1) has been employed currently for a continuous period of at least 12 months; and
(2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Public Printer may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.

(c) Severance pay consists of
(1) a basic severance allowance computed on the basis of 1 weeks basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and
(2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.

Total severance pay under this section may not exceed 1 years pay at the rate received immediately before separation. For the purpose of this subsection, basic pay includes premium pay under section 5545 (c)(1) of this title.

(d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b) (1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.
(e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with section 5582 (b) of this title.
(f) Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment.
(g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a)(2)(B) of this section.
(h) 
(1) Severance pay under this section may not be paid to
(A) a person described in paragraph (4)(A) during any period in which the person is employed in a defense nonappropriated fund instrumentality; or
(B) a person described in paragraph (4)(B) during any period in which the person is employed in a Coast Guard nonappropriated fund instrumentality.
(2) 
(A) Except as provided in subparagraph (B), payment of severance pay to a person referred to in paragraph (1) may be resumed upon any involuntary separation of the person from the position of employment in a nonappropriated fund instrumentality, not by removal for cause on charges of misconduct, delinquency, or inefficiency.
(B) Payment of severance pay may not be resumed under subparagraph (A) in the case of a person who, upon separation, is entitled to immediate payment of retired or retainer pay as a member or former member of the uniformed services or to an immediate annuity under
(i) a retirement system for persons retiring from employment by a nonappropriated fund instrumentality;
(ii) subchapter III of chapter 83 of this title;
(iii) subchapter II of chapter 84 of this title; or
(iv) any other retirement system of the Federal Government for persons retiring from employment with the Federal Government.
(3) Upon resumption of payment of severance pay under paragraph (2)(A) in the case of a person separated as described in such paragraph, the amount of the severance pay so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance pay payable for such period to the person by the nonappropriated fund instrumentality that is attributable to credit for service taken into account under subsection (c) in the computation of the amount of the severance pay so resumed.
(4) Paragraph (1) applies to a person who, on or after January 1, 1987, moves without a break in service
(A) from employment in the Department of Defense that is not employment in a defense nonappropriated fund instrumentality to employment in a defense nonappropriated fund instrumentality; or
(B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund instrumentality.
(5) The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe regulations to carry out this subsection.
(6) In this subsection:
(A) The term defense nonappropriated fund instrumentality means a nonappropriated fund instrumentality of the Department of Defense.
(B) The term Coast Guard nonappropriated fund instrumentality means a nonappropriated fund instrumentality of the Coast Guard.
(C) The term nonappropriated fund instrumentality means a nonappropriated fund instrumentality described in section 2105 (c) of this title.
(i) 
(1) In the case of an employee of the Department of Defense who is entitled to severance pay under this section, the Secretary of Defense or the Secretary of the military department concerned may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2) 
(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Defense (for the military department that formerly employed the employee, if applicable) an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to an agency under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to an agency an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
(4) This subsection applies with respect to severance pay payable under this section for separations taking effect on or after February 10, 1996, and before October 1, 2014.
(j) 
(1) In the case of an employee of the Department of Energy who is entitled to severance pay under this section as a result of the establishment of the National Nuclear Security Administration, the Secretary of Energy may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2) 
(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Energy an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to the Department of Energy under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to the Department of Energy an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.

5 USC 5596 - Back pay due to unjustified personnel action

(a) For the purpose of this section, agency means
(1) an Executive agency;
(2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by section 610 of title 28;
(3) the Library of Congress;
(4) the Government Printing Office;
(5) the government of the District of Columbia;
(6) the Architect of the Capitol, including employees of the United States Senate Restaurants; and
(7) the United States Botanic Garden.
(b) 
(1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee
(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect
(i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and
(ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with chapter 71 of this title, or under chapter 11 of title I of the Foreign Service Act of 1980, shall be awarded in accordance with standards established under section 7701 (g) of this title; and
(B) for all purposes, is deemed to have performed service for the agency during that period, except that
(i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and
(ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under section 5551 or 5552 (1) of this title but may not be retained to the credit of the employee under section 5552 (2) of this title.
(2) 
(A) An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest.
(B) Such interest
(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made;
(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and
(iii) shall be compounded daily.
(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph (1) of this subsection.
(3) This subsection does not apply to any reclassification action nor authorize the setting aside of an otherwise proper promotion by a selecting official from a group of properly ranked and certified candidates.
(4) The pay, allowances, or differentials granted under this section for the period for which an unjustified or unwarranted personnel action was in effect shall not exceed that authorized by the applicable law, rule, regulations, or collective bargaining agreement under which the unjustified or unwarranted personnel action is found, except that in no case may pay, allowances, or differentials be granted under this section for a period beginning more than 6 years before the date of the filing of a timely appeal or, absent such filing, the date of the administrative determination.
(5) For the purpose of this subsection, grievance and collective bargaining agreement have the meanings set forth in section 7103 of this title and (with respect to members of the Foreign Service) in sections 1101 and 1002 of the Foreign Service Act of 1980, unfair labor practice means an unfair labor practice described in section 7116 of this title and (with respect to members of the Foreign Service) in section 1015 of the Foreign Service Act of 1980, and personnel action includes the omission or failure to take an action or confer a benefit.
(c) The Office of Personnel Management shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees, or to the agencies specified in subsection (a)(2) of this section.

5 USC 5597 - Separation pay

(a) For the purpose of this section
(1) the term Secretary means the Secretary of Defense;
(2) the term defense agency means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and
(3) the term employee means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include
(A) a reemployed annuitant under subchapter III of chapter 83, chapter 84, or another retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
(b) In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, workforce restructuring (to meet mission needs, achieve one or more strength reductions, correct skill imbalances, or reduce the number of high-grade, managerial, or supervisory positions), or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation).
(c) Under the program, separation pay may be offered by a defense agency only
(1) with the prior consent, or on the authority, of the Secretary; and
(2) to employees within such occupational groups or geographic locations, or subject to such other similar objective and nonpersonal limitations or conditions, as the Secretary may require.

A determination of which employees are within the scope of an offer of separation pay shall be made only on the basis of consistent and well-documented application of the relevant criteria.

(d) Such separation pay
(1) shall be paid in a lump-sum or in installments;
(2) shall be equal to the lesser of
(A) an amount equal to the amount the employee would be entitled to receive under section 5595 (c) if the employee were entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under section 5595 based on any other separation; and
(5) if paid in installments, shall cease to be paid upon the recipients acceptance of employment by the Federal Government, or commencement of work under a personal services contract, as described in subsection (g)(1).
(e) No amount shall be payable under this section based on any separation occurring after September 30, 2003.
(f) The Secretary shall prescribe such regulations as may be necessary to carry out this section.
(g) 
(1) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 and accepts employment with the Government of the United States, or who commences work for an agency of the United States through a personal services contract with the United States, within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the defense agency that paid the separation pay.
(2) If the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(3) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(4) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(5) If the employment is without compensation, the appointing official may waive the repayment.
(h) 
(1) 
(A) In addition to any other payment that it is required to make under subchapter III of chapter 83 or chapter 84, the Department of Defense shall remit to the Office of Personnel Management an amount equal to 15 percent of the final basic pay of each covered employee.
(B) If the employee is one with respect to whom a remittance would otherwise be required under section 4(a) of the Federal Workforce Restructuring Act of 1994 based on the separation involved, the remittance under this subsection shall be instead of the remittance otherwise required under such section 4 (a).
(2) Amounts remitted under paragraph (1) shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
(3) For the purposes of this subsection
(A) the term covered employee means an employee who is subject to subchapter III of chapter 83 or chapter 84 and to whom a voluntary separation incentive has been paid under this section on the basis of a separation occurring on or after October 1, 1997; and
(B) the term final basic pay has the meaning given such term in section 4(a)(2) of the Federal Workforce Restructuring Act of 1994.
(i) 
(1) Notwithstanding any other provision of this section, during fiscal year 2001, separation pay may be offered under the program carried out under this section with respect to workforce restructuring only to persons who, upon separation, are entitled to an immediate annuity under section 8336, 8412, or 8414 of this title and are otherwise eligible for the separation pay under this section.
(2) In the administration of the program under this section during fiscal year 2001, the Secretary shall ensure that not more than 1,000 employees are, as a result of workforce restructuring, separated from service in that fiscal year entitled to separation pay under this section.
(3) Separation pay may not be offered as a result of workforce restructuring under the program carried out under this section after fiscal year 2003.

TITLE 5 - US CODE - CHAPTER 57 - TRAVEL, TRANSPORTATION, AND SUBSISTENCE

TITLE 5 - US CODE - SUBCHAPTER I - TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

5 USC 5701 - Definitions

Except as otherwise provided in section 5707 (d),1 for the purpose of this subchapter
(1) agency means
(A) an Executive agency;
(B) a military department;
(C) an office, agency, or other establishment in the legislative branch;
(D) an office, agency, or other establishment in the judicial branch; and
(E) the government of the District of Columbia; but does not include
(i) a Government controlled corporation;
(ii) a Member of Congress; or
(iii) an office or committee of either House of Congress or of the two Houses;
(2) employee means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;
(3) subsistence means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler;
(4) per diem allowance means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards;
(5) Government means the Government of the United States and the government of the District of Columbia; and
(6) continental United States means the several States and the District of Columbia, but does not include Alaska or Hawaii.
[1] See References in Text note below.

5 USC 5702 - Per diem; employees traveling on official business

(a) 
(1) Under regulations prescribed pursuant to section 5707 of this title, an employee, when traveling on official business away from the employees designated post of duty, or away from the employees home or regular place of business (if the employee is described in section 5703 of this title), is entitled to any one of the following:
(A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or
(C) a combination of payments described in subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality.
(3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.
(b) 
(1) Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who abandons the travel assignment prior to its completion
(A) because of an incapacitating illness or injury which is not due to the employees own misconduct is entitled to reimbursement for expenses of transportation to the employees designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection (a) of this section until that location is reached; or
(B) because of a personal emergency situation (such as serious illness, injury, or death of a member of the employees family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employees designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection (a) of this section until that location is reached.
(2) 
(A) Under regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who, with the approval of an appropriate official of the agency concerned, interrupts the travel assignment prior to its completion for a reason specified in subparagraph (A) or (B) of paragraph (1) of this subsection, may be allowed (subject to the limitation provided in subparagraph (B) of this paragraph)
(i) reimbursement for expenses of transportation to the location where necessary medical services are provided or the emergency situation exists,
(ii) payments pursuant to subsection (a) of this section until that location is reached, and
(iii) such reimbursement and payments for return to such assignment.
(B) The reimbursement which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be the employees actual costs of transportation to the location where necessary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employees designated post of duty, or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be based on the additional time (if any) which was required for the employees transportation as a consequence of the transportations having begun and ended at a location on the travel assignment (rather than at the employees designated post of duty, or home or regular place of business, as the case may be).
(3) Subject to the limitations contained in regulations prescribed pursuant to section 5707 of this title, an employee who is described in subsection (a) of this section and who interrupts the travel assignment prior to its completion because of an incapacitating illness or injury which is not due to the employees own misconduct is entitled to payments pursuant to subsection (a) of this section at the location where the interruption occurred.
(c) This section does not apply to a justice or judge, except to the extent provided by section 456 of title 28.

5 USC 5703 - Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

5 USC 5704 - Mileage and related allowances

(a) 
(1) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned automobile when that mode of transportation is authorized or approved as more advantageous to the Government. In any year in which the Internal Revenue Service establishes a single standard mileage rate for optional use by taxpayers in computing the deductible costs of operating their automobiles for business purposes, the rate per mile established by the Administrator shall not exceed the single standard mileage rate established by the Internal Revenue Service.
(2) Under regulations prescribed under section 5707 of this title, an employee who is engaged on official business for the Government is entitled to a rate per mile established by the Administrator of General Services, instead of the actual expenses of transportation, for the use of a privately owned airplane or a privately owned motorcycle when that mode of transportation is authorized or approved as more advantageous to the Government.
(b) A determination that travel by a privately owned vehicle is more advantageous to the Government is not required under subsection (a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under subsection (a) of this section, the employee may be reimbursed for
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.

5 USC 5705 - Advancements and deductions

An agency may advance, through the proper disbursing official, to an employee entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or his estate by
(1) setoff against accrued pay, retirement credit, or other amount due the employee;
(2) deduction from an amount due from the United States; and
(3) such other method as is provided by law.

5 USC 5706 - Allowable travel expenses

Except as otherwise permitted by this subchapter or by statutes relating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employment or appointment under the United States.

5 USC 5706a - Subsistence and travel expenses for threatened law enforcement personnel

(a) Under regulations prescribed pursuant to section 5707 of this title, when the life of an employee who serves in a law enforcement, investigative, or similar capacity, or members of such employees immediate family, is threatened as a result of the employees assigned duties, the head of the agency concerned may approve appropriate subsistence payments for the employee or members of the employees family (or both) while occupying temporary living accommodations at or away from the employees designated post of duty.
(b) When a situation described in subsection (a) of this section requires the employee or members of the employees family (or both) to be temporarily relocated away from the employees designated post of duty, the head of the agency concerned may approve transportation expenses to and from such alternate location.

5 USC 5706b - Interview expenses

An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the agency.

5 USC 5706c - Reimbursement for taxes incurred on money received for travel expenses

(a) Under regulations prescribed pursuant to section 5707 of this title, the head of an agency or department, or his or her designee, may use appropriations or other funds available to the agency for administrative expenses, for the reimbursement of Federal, State, and local income taxes incurred by an employee of the agency or by an employee and such employees spouse (if filing jointly), for any travel or transportation reimbursement made to an employee for which reimbursement or an allowance is provided.
(b) Reimbursements under this section shall include an amount equal to all income taxes for which the employee and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in subsection (a). In addition, reimbursements under this section shall include penalties and interest, for the tax years 1993 and 1994 only, as a result of agencies failing to withhold the appropriate amounts for tax liabilities of employees affected by the change in the deductibility of travel expenses made by Public Law 102486.

5 USC 5707 - Regulations and reports

(a) 
(1) The Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter, except that the Director of the Administrative Office of the United States Courts shall prescribe such regulations with respect to official travel by employees of the judicial branch of the Government.
(2) Regulations promulgated to implement section 5702 or 5706a of this title shall be transmitted to the appropriate committees of the Congress and shall not take effect until 30 days after such transmittal.
(b) The Administrator of General Services shall prescribe the mileage reimbursement rates for use on official business of privately owned airplanes, privately owned automobiles, and privately owned motorcycles while engaged on official business as provided for in section 5704 of this title as follows:
(1) 
(A) The Administrator of General Services, in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, shall conduct periodic investigations of the cost of travel and the operation of privately owned vehicles to employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.
(B) In conducting the periodic investigations, the Administrator shall review and analyze among other factors
(i) depreciation of original vehicle cost;
(ii) gasoline and oil (excluding taxes);
(iii) maintenance, accessories, parts, and tires;
(iv) insurance; and
(v) State and Federal taxes.
(2) 
(A) The Administrator shall issue regulations under this section which
(i) shall prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, as provided in section 5704 (a)(1) of this title, the single standard mileage rate established by the Internal Revenue Service, and
(ii) shall prescribe mileage reimbursement rates which reflect the current costs as determined by the Administrator of operating privately owned airplanes and motorcycles.
(B) At least once each year after the issuance of the regulations described in subparagraph (A) of this paragraph, the Administrator shall determine, based upon the results of the cost investigation, specific figures, each rounded to the nearest half cent, of the average, actual cost per mile during the period for the use of a privately owned airplane, automobile, and motorcycle.
(C) The Administrator shall report the specific figures to Congress not later than five working days after the Administrator makes the cost determination. Each such report shall be printed in the Federal Register.
(D) The mileage reimbursement rates contained in the regulations prescribed under this section shall be adjusted within thirty days following the submission of the report under subparagraph (C) of this paragraph.
(c) The Administrator of General Services shall periodically, but at least every 2 years, submit to the Director of the Office of Management and Budget an analysis of estimated total agency payments for such items as travel and transportation of people, average costs and duration of trips, and purposes of official travel; and of estimated total agency payments for employee relocation. This analysis shall be based on a sampling survey of agencies each of which spent more than $5,000,000 during the previous fiscal year on travel and transportation payments, including payments for employee relocation. Agencies shall provide to the Administrator the necessary information in a format prescribed by the Administrator and approved by the Director.

5 USC 5707a - Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses

(a) 
(1) For the purpose of making payments under this chapter for lodging expenses incurred in a State, each agency shall ensure that not less than 90 percent of the commercial-lodging room nights for employees of that agency for a fiscal year are booked in approved places of public accommodation.
(2) Each agency shall establish explicit procedures to satisfy the percentage requirement of paragraph (1).
(3) An agency shall be considered to be in compliance with the percentage requirement of paragraph (1) until September 30, 2002, and after that date if travel arrangements of the agency, whether made for civilian employees, members of the uniformed services, or foreign service personnel, are made through travel management processes designed to book commercial lodging in approved places of public accommodation, whenever available.
(b) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to approved places of public accommodation. The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a State.
(c) The Administrator of General Services may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that is not an approved place of public accommodation.
(d) The Administrator of General Services shall include in each directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped.
(e) The Administrator of General Services may take any additional actions the Administrator determines appropriate to facilitate the ability of employees traveling on official business to stay at approved places of public accommodation.
(f) For purposes of this section:
(1) The term agency does not include the government of the District of Columbia.
(2) The term approved places of public accommodation means hotels, motels, and other places of public accommodation that are listed by the Administrator of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2225).
(3) The term State means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States.

5 USC 5708 - Effect on other statutes

This subchapter does not modify or repeal
(1) any statute providing for the traveling expenses of the President;
(2) any statute providing for mileage allowances for Members of Congress;
(3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or
(4) any appropriation statute item for examination of estimates in the field.

5 USC 5709 - Air evacuation patients: furnished subsistence

Notwithstanding any other provision of law, and under regulations prescribed under section 5707 of this title, an employee and his dependents may be furnished subsistence without charge while being evacuated as a patient by military aircraft of the United States.

5 USC 5710 - Authority for travel expenses test programs

(a) 
(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.

TITLE 5 - US CODE - SUBCHAPTER II - TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES

5 USC 5721 - Definitions

For the purpose of this subchapter
(1) agency means
(A) an Executive agency;
(B) a military department;
(C) a court of the United States;
(D) the Administrative Office of the United States Courts;
(E) the Library of Congress;
(F) the Botanic Garden;
(G) the Architect of the Capitol;
(H) the Government Printing Office; and
(I) the government of the District of Columbia;

but does not include a Government controlled corporation;

(2) employee means an individual employed in or under an agency;
(3) continental United States means the several States and the District of Columbia, but does not include Alaska or Hawaii;
(4) Government means the government of the United States and the government of the District of Columbia;
(5) appropriation includes funds made available by statute under section 9104 of title 31;
(6) United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Panama that are made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); and
(7) Foreign Service of the United States means the Foreign Service as constituted under the Foreign Service Act of 1980.

5 USC 5722 - Travel and transportation expenses of new appointees; posts of duty outside the continental United States

(a) Under regulations prescribed under section 5738 of this title and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations
(1) travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States;
(2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and
(3) the expenses of transporting a privately owned motor vehicle as authorized under section 5727 (c) of this title.
(b) An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of
(1) one school year as determined under chapter 25 of title 20, if selected for appointment to a teaching position, except as a substitute, in the Department of Defense under that chapter; or
(2) 12 months after his appointment, if selected for appointment to any other position;

unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.

(c) An agency may pay expenses under subsection (a)(2) of this section only after the individual has served for a minimum period of
(1) one school year as determined under chapter 25 of title 20, if employed in a teaching position, except as a substitute, in the Department of Defense under that chapter; or
(2) not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position;

unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience.

(d) This section does not apply to appropriations for the Foreign Service of the United States.

5 USC 5723 - Travel and transportation expenses of new appointees and student trainees

(a) Under regulations prescribed under section 5738 of this title and subject to subsections (b) and (c) of this section, an agency may pay from its appropriations
(1) travel expenses
(A)  of a new appointee, or a student trainee when assigned on completion of college work, to any position,
(B)  of a new appointee to the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or
(C)  of any person appointed by the President to a position the rate of pay for which is equal to or higher than the minimum rate of pay payable for a position classified above GS15 pursuant to section 5108;
(2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by section 5724 of this title; and
(3) the expenses of transporting a privately owned motor vehicle as authorized under section 5727 (c) of this title;

from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by section 5724 (f) of this title. In the case of an appointee described in paragraph (1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note ), the provisions of paragraphs (1) and (2) may apply to travel and transportation expenses from the place of residence of such appointee (at the time of relocation following the most recent general elections held to determine the electors of the President) to the assigned duty station of such appointee.

(b) An agency may pay travel and transportation expenses under subsection (a) of this section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his appointment or assignment, unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.
(c) An agency may pay travel and transportation expenses under subsection (a) of this section whether or not the individual selected has been appointed at the time of the travel. In the case of an appointee described in subsection (a)(1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note ), the travel or transportation shall take place at any time after the most recent general elections held to determine the electors of the President.
(d) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section.

5 USC 5724 - Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis

(a) Under regulations prescribed under section 5738 of this title and when the head of the agency concerned or his designee authorizes or approves, the agency shall pay from Government funds
(1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under section 5704 of this title;
(2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 18,000 pounds net weight; and
(3) upon the separation (or death in service) of a career appointee, as defined in section 3132 (a)(4) of this title, the travel expenses of that individual (if applicable), the transportation expenses of the immediate family of such individual, and the expenses of moving (including transporting, packing, crating, temporarily storing, draying, and unpacking) the household goods of such individual and personal effects not in excess of eighteen thousand pounds net weight, to the place where the individual will reside (or, in the case of a career appointee who dies in service or who dies after separating but before the travel, transportation, and moving is completed, to the place where the family will reside) within the United States, if such individual
(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of chapter 83, or of chapter 84 of this title, has been transferred in the interest of the Government from one official station to another for permanent duty as a career appointee in the Senior Executive Service or as a director under section 4103 (a)(8) of title 38 (as in effect on November 17, 1988); and
(B) is eligible to receive an annuity upon such separation (or, in the case of death in service, met the requirements for being considered eligible to receive an annuity, as of date of death) under the provisions of subchapter III of chapter 83 or chapter 84 of this title.
(b) Under regulations prescribed under section 5738 of this title, an employee who transports a house trailer or mobile dwelling inside the continental United States, inside Alaska, or between the continental United States and Alaska, for use as a residence, and who otherwise would be entitled to transportation of household goods and personal effects under subsection (a) of this section, is entitled, instead of that transportation, to
(1) a reasonable allowance for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or
(2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee.

However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer.

(c) Under regulations prescribed under section 5738 of this title, an employee who transfers between points inside the continental United States, instead of being paid for the actual expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects, shall be reimbursed on a commuted basis at the rates per 100 pounds that are fixed by zones in the regulations. The reimbursement may not exceed the amount which would be allowable for the authorized weight allowance. However, under regulations prescribed under section 5738 of this title, payment of actual expenses may be made when the head of the agency determines that payment of actual expenses is more economical to the Government.
(d) When an employee transfers to a post of duty outside the continental United States, his expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under section 5722 of this title.
(e) When an employee transfers from one agency to another, the agency to which he transfers pays the expenses authorized by this section. However, under regulations prescribed under section 5738 of this title, in a transfer from one agency to another because of a reduction in force or transfer of function, expenses authorized by this section and sections 5726 (b) and 5727 of this title (other than expenses authorized in connection with a transfer to a foreign country) and by section 5724a (a) through (f) of this title may be paid in whole or in part by the agency from which the employee transfers or by the agency to which he transfers, as may be agreed on by the heads of the agencies concerned.
(f) An advance of funds may be made to an employee under regulations prescribed under section 5738 of this title with the same safeguards required under section 5705 of this title.
(g) The allowances authorized by this section do not apply to an employee transferred under the Foreign Service Act of 1980.
(h) When a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the United States, or at his request, his expenses of travel and transportation and the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds.
(i) An agency may pay travel and transportation expenses (including storage of household goods and personal effects) and other relocation allowances under this section and sections 5724a, 5724b, and 5726 (c) of this title when an employee is transferred within the continental United States only after the employee agrees in writing to remain in the Government service for 12 months after his transfer, unless separated for reasons beyond his control that are acceptable to the agency concerned. If the employee violates the agreement, the money spent by the Government for the expenses and allowances is recoverable from the employee as a debt due the Government.
(j) The regulations prescribed under this section shall provide that the reassignment or transfer of any employee, for permanent duty, from one official station or agency to another which is outside the employees commuting area shall take effect only after the employee has been given advance notice for a reasonable period. Emergency circumstances shall be taken into account in determining whether the period of advance notice is reasonable.

5 USC 5724a - Relocation expenses of employees transferred or reemployed

(a) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, a per diem allowance or the actual subsistence expenses, or a combination thereof, of the immediate family of the employee for en route travel of the immediate family between the employees old and new official stations.
(b) 
(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within the United States
(A) the expenses of transportation of the employee and the employees spouse for travel to seek permanent residence quarters at a new official station; and
(B) either
(i) a per diem allowance or the actual subsistence expenses (or a combination of both); or
(ii) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services.
(2) Expenses may be allowed under paragraph (1) only for one round trip in connection with each change of station of the employee.
(c) 
(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government
(A) actual subsistence expenses of the employee and the employees immediate family for a period of up to 60 days while the employee or family is occupying temporary quarters when the new official station is located within the United States; or
(B) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services, instead of the actual subsistence expenses authorized in subparagraph (A) of this paragraph.
(2) The period authorized in paragraph (1) of this subsection for payment of expenses for residence in temporary quarters may be extended up to an additional 60 days if the head of the agency concerned or the designee of such head of the agency determines that there are compelling reasons for the continued occupancy of temporary quarters.
(3) The regulations implementing paragraph (1)(A) shall prescribe daily rates and amounts for subsistence expenses per individual.
(d) 
(1) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station and purchase of a residence at the new official station that are required to be paid by the employee, when the old and new official stations are located within the United States.
(2) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government from a post of duty located outside the United States to an official station within the United States (other than the official station within the United States from which the employee was transferred when assigned to the foreign tour of duty)
(A) expenses required to be paid by the employee of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station from which the employee was transferred when the employee was assigned to the post of duty located outside the United States; and
(B) expenses required to be paid by the employee of the purchase of a residence at the new official station within the United States.
(3) Reimbursement of expenses under paragraph (2) of this subsection shall not be allowed for any sale (or settlement of an unexpired lease) or purchase transaction that occurs prior to official notification that the employees return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the post of duty outside the United States.
(4) Reimbursement for brokerage fees on the sale of the residence and other expenses under this subsection may not exceed those customarily charged in the locality where the residence is located.
(5) Reimbursement may not be made under this subsection for losses incurred by the employee on the sale of the residence.
(6) This subsection applies regardless of whether title to the residence or the unexpired lease is
(A) in the name of the employee alone;
(B) in the joint names of the employee and a member of the employees immediate family; or
(C) in the name of a member of the employees immediate family alone.
(7) 
(A) In connection with the sale of the residence at the old official station, reimbursement under this subsection shall not exceed 10 percent of the sale price.
(B) In connection with the purchase of a residence at the new official station, reimbursement under this subsection shall not exceed 5 percent of the purchase price.
(8) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government expenses of property management services, instead of expenses under paragraph (1) or (2) of this subsection for sale of the employees residence, when the agency determines that such transfer is advantageous and cost-effective for the Government.
(e) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government, the expenses of property management services when the employee transfers to a post of duty outside the United States. Such payment shall terminate upon return of the employee to an official station within the United States.
(f) 
(1) Under regulations prescribed under section 5738 and subject to paragraph (2), an employee who is reimbursed under subsections (a) through (e) of this section or section 5724 (a) of this title is entitled to an amount for miscellaneous expenses
(A) not to exceed two weeks basic pay, if such employee has an immediate family; or
(B) not to exceed one weeks basic pay, if such employee does not have an immediate family.
(2) Amounts paid under paragraph (1) may not exceed amounts determined at the maximum rate payable for a position at GS13 of the General Schedule.
(g) A former employee separated by reason of reduction in force or transfer of function who within one year after the separation is reemployed by a nontemporary appointment at a different geographical location from that where the separation occurred, may be allowed and paid the expenses authorized by sections 5724, 5725, 5726 (b), and 5727 of this title, and may receive the benefits authorized by subsections (a) through (f) of this section, in the same manner as though the employee had been transferred in the interest of the Government without a break in service to the location of reemployment from the location where separated.
(h) Payments for subsistence expenses, including amounts in lieu of per diem or actual subsistence expenses or a combination thereof, authorized under this section may not exceed the maximum payment allowed under regulations which implement section 5702 of this title.

5 USC 5724b - Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred

(a) Under regulations prescribed under section 5738 of this title and to the extent considered necessary and appropriate, as provided therein, appropriations or other funds available to an agency for administrative expenses are available for the reimbursement of substantially all of the Federal, State, and local income taxes incurred by an employee, or by an employee and such employees spouse (if filing jointly), for any moving or storage expenses furnished in kind, or for which reimbursement or an allowance is provided (but only to the extent of the expenses paid or incurred). Reimbursements under this subsection shall also include an amount equal to all income taxes for which the employee and spouse, as the case may be,[1] would be liable due to the reimbursement for the taxes referred to in the first sentence of this subsection.
(b) For the purposes of this section, moving or storage expenses means travel and transportation expenses (including storage of household goods and personal effects under section 5724 of this title) and other relocation expenses under sections 5724a and 5724c of this title.
[1] See Codification note below.

5 USC 5724c - Relocation services

Under regulations prescribed under section 5738 of this title, each agency may enter into contracts to provide relocation services to agencies and employees for the purpose of carrying out this subchapter. An agency may pay a fee for such services. Such services include arranging for the purchase of a transferred employees residence.

5 USC 5725 - Transportation expenses; employees assigned to danger areas

(a) When an employee of the Government is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone
(1) from which his immediate family should be evacuated; or
(2) to which they are not permitted to accompany him;

because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family, Government funds may be used to transport his immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his intent, the immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may designate an alternate location.

(b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in subsection (a) of this section, Government funds may be used to transport his immediate family and household goods and personal effects from the designated or alternate location to the duty station.

5 USC 5726 - Storage expenses; household goods and personal effects

(a) For the purpose of subsection (b) of this section, household goods and personal effects means such personal property of an employee and his dependents as authorized under regulations prescribed under section 5738 of this title to be transported or stored, including, in emergencies, motor vehicles authorized to be shipped at Government expense.
(b) Under regulations prescribed under section 5738 of this title, an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, assigned to a permanent duty station outside the continental United States may be allowed storage expenses and related transportation and other expenses for his household goods and personal effects when
(1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or
(2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy.

The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724 (a), may not exceed 18,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section.

(c) Under regulations prescribed under section 5738 of this title, when an employee, including a new appointee and a student trainee to the extent authorized by section 5723 of this title, is assigned to a permanent duty station at an isolated location in the continental United States to which he cannot take or at which he is unable to use his household goods and personal effects because of the absence of residence quarters at the location, nontemporary storage expenses or storage at Government expense in Government-owned facilities (including related transportation and other expenses), whichever is more economical, may be allowed the employee under regulations prescribed by the head of the agency concerned. The weight of property stored under this subsection, together with the weight of property transported under sections 5723 (a) and 5724 (a) of this title, may not exceed the total maximum weight the employee would be entitled to have moved. The period of nontemporary storage under this subsection may not exceed 3 years.

5 USC 5727 - Transportation of motor vehicles

(a) Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile.
(b) Under regulations prescribed under section 5738 of this title, the privately owned motor vehicle of an employee, including a new appointee and a student trainee to the extent authorized by sections 5722 and 5723 of this title, may be transported at Government expense to, from, and between the continental United States and a post of duty outside the continental United States, or between posts of duty outside the continental United States, when
(1) the employee is assigned to the post of duty for other than temporary duty; and
(2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty.
(c) Under regulations prescribed under section 5738 of this title, the privately owned motor vehicle or vehicles of an employee, including a new appointee or a student trainee for whom travel and transportation expenses are authorized under section 5723 of this title, may be transported at Government expense to a new official station of the employee when the agency determines that such transport is advantageous and cost-effective to the Government.
(d) An employee may transport only one motor vehicle under subsection (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the continental United States during the 4-year period after the date of transportation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle.
(e) When the head of an agency authorizes transportation under subsection (b) or (c) of this section of a privately owned motor vehicle, the transportation may be by
(1) commercial means, if available at reasonable rates and under reasonable conditions; or
(2) Government means on a space-available basis.
(f) 
(1) This section, except subsection (a), does not apply to
(A) the Foreign Service of the United States; or
(B) the Central Intelligence Agency.
(2) This section, except subsection (a), does not affect section 403e (4) of title 50.

5 USC 5728 - Travel and transportation expenses; vacation leave

(a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty outside the continental United States, Alaska, and Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, after he has satisfactorily completed an agreed period of service outside the continental United States, Alaska, and Hawaii and is returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental United States, Alaska, and Hawaii under a new written agreement made before departing from the post of duty.
(b) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations the expenses of round-trip travel of an employee of the Government appointed by the President, by and with the advice and consent of the Senate, for a term fixed by statute, and of transportation of his immediate family, but not household goods, from his post of duty outside the continental United States, Alaska, and Hawaii to the place of his actual residence at the time of appointment to the post of duty, after he has satisfactorily completed each 2 years of service outside the continental United States, Alaska, and Hawaii and is returning to his actual place of residence to take leave before serving at least 2 more years of duty outside the continental United States, Alaska, and Hawaii.
(c) 
(1) Under regulations prescribed under section 5738 of this title, an agency may pay, subject to paragraph (3) of this subsection, the expenses described in paragraph (2) of this subsection in any case in which the head of the agency determines that the payment of such expenses is necessary for the purpose of recruiting or retaining an employee for service of a tour of duty at a post of duty in Alaska or Hawaii.
(2) The expenses payable under paragraph (1) of this subsection are the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty in Alaska or Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, incurred after he has satisfactorily completed an agreed period of service in Alaska or Hawaii and in returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty in Alaska or Hawaii under a new written agreement made before departing from the post of duty.
(3) The payment of expenses of any employee and the transportation of his family under paragraph (1) of this subsection is limited to the expenses of travel and transportation incurred for not more than two round trips commenced within 5 years after the date the employee first commences any period of consecutive tours of duty in Alaska or Hawaii.
(d) This section does not apply to appropriations for the Foreign Service of the United States.

5 USC 5729 - Transportation expenses; prior return of family

(a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations, not more than once before the return to the United States of an employee whose post of duty is outside the continental United States, the expenses of transporting his immediate family and of shipping his household goods and personal effects from his post of duty to his actual place of residence when
(1) he has acquired eligibility for that transportation; or
(2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control.
(b) Under regulations prescribed under section 5738 of this title, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental United States for the proper transportation expenses of returning his immediate family and his household goods and personal effects to the United States, when
(1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and
(2) he acquires eligibility for those transportation expenses.
(c) This section does not apply to appropriations for the Foreign Service of the United States.

5 USC 5730 - Funds available

Funds available for travel expenses of an employee are available for expenses of transportation of his immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this subchapter.

5 USC 5731 - Expenses limited to lowest first-class rate

(a) The allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed under section 5738 of this title, that
(1) lowest first-class accommodations are not available; or
(2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes.
(b) Instead of the maximum fixed by subsection (a) of this section, the allowance to an employee of the Government for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships.

5 USC 5732 - General average contribution; payment or reimbursement

Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the Government, volunteers as defined by section 8142 (a) of this title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions
(1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported;
(2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or
(3) when the individual concerned selected the means of shipment.

5 USC 5733 - Expeditious travel

The travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel.

5 USC 5734 - Travel, transportation, and relocation expenses of employees transferred from the Postal Service

Notwithstanding the provisions of any other law, officers and employees of the United States Postal Service promoted or transferred under section 1006 of title 39, United States Code, from the Postal Service to an agency (as defined in section 5721 of this title), for permanent duty may be authorized travel, transportation, and relocation expenses and allowances under the same conditions and to the same extent authorized by this subchapter for other transferred employees within the meaning of this chapter.

5 USC 5735 - Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service

(a) In General.— 
Notwithstanding any other provision of law, employees of the Department of Defense described in subsection (b) may be authorized travel, transportation, and relocation expenses and allowances in connection with appointments referred to in such subsection under the same conditions and to the same extent authorized by this subchapter for transferred employees.
(b) Covered Employees.— 
Subsection (a) applies to any employee of the Department of Defense who
(1) is scheduled for separation from the Department, other than for cause;
(2) is selected for appointment to a continuing position with the United States Postal Service; and
(3) accepts the appointment.

5 USC 5736 - Travel, transportation, and relocation expenses of certain nonappropriated fund employees

An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105 (c) of this title who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, may be authorized travel, transportation, and relocation expenses and allowances under the same conditions and to the same extent authorized by this subchapter for transferred employees.

5 USC 5737 - Relocation expenses of an employee who is performing an extended assignment

(a) Under regulations prescribed under section 5738 of this title, an agency may pay to or on behalf of an employee assigned from the employees official station to a duty station for a period of not less than six months and not greater than 30 months, the following expenses in lieu of payment of expenses authorized under subchapter I of this chapter:
(1) Travel expenses to and from the assignment location in accordance with section 5724 of this title.
(2) Transportation expenses of the immediate family and household goods and personal effects to and from the assignment location in accordance with section 5724 of this title.
(3) A per diem allowance for en route travel of the employees immediate family to and from the assignment location in accordance with section 5724a (a) of this title.
(4) Travel and transportation expenses of the employee and spouse to seek new residence quarters at the assignment location in accordance with section 5724a (b) of this title.
(5) Subsistence expenses of the employee and the employees immediate family while occupying temporary quarters upon commencement and termination of the assignment in accordance with section 5724a (c) of this title.
(6) An amount, in accordance with section 5724a (f), to be used by the employee for miscellaneous expenses of this title.[1]
(7) The expenses of transporting a privately owned motor vehicle or vehicles to the assignment location in accordance with section 5727 of this title.
(8) An allowance as authorized under section 5724b of this title for Federal, State, and local income taxes incurred on reimbursement of expenses paid under this section or on services provided in kind under this section.
(9) Expenses of nontemporary storage of household goods and personal effects as defined in section 5726 (a) of this title, subject to the limitation that the weight of the household goods and personal effects stored, together with the weight of property transported under section 5724 (a) of this title, may not exceed the total maximum weight which could be transported in accordance with section 5724 (a) of this title.
(10) Expenses of property management services.
(b) An agency shall not make payment under this section to or on behalf of the employee for expenses incurred after termination of the temporary assignment.
[1] So in original.

5 USC 5737a - Employees temporarily deployed in contingency operations

(a) Definitions.— 
For purposes of this section
(1) the term covered employee means an individual who
(A) is an employee of an Executive agency or a military department, excluding a Government controlled corporation; and
(B) is assigned on a temporary change of station in support of a contingency operation;
(2) the term temporary change of station, as used with respect to an employee, means an assignment
(A) from the employees official duty station to a temporary duty station; and
(B) for which such employee is eligible for expenses under section 5737; and
(3) the term contingency operation has the meaning given such term by section 1482a (c) of title 10.
(b) Quarters and Rations.— 
The head of an agency may provide quarters and rations, without charge, to any covered employee of such agency during the period of such employees temporary assignment (as described in subsection (a)(1)(B)).
(c) Storage of Motor Vehicle.— 
The head of an agency may provide for the storage, without charge, or for the reimbursement of the cost of storage, of a motor vehicle that is owned or leased by a covered employee of such agency (or by a dependent of such an employee) and that is for the personal use of the covered employee. This subsection shall apply
(1) with respect to storage during the period of the employees temporary assignment (as described in subsection (a)(1)(B)); and
(2) in the case of a covered employee, with respect to not more than one motor vehicle as of any given time.
(d) Relationship to Other Benefits.— 
Any benefits under this section shall be in addition to (and not in lieu of) any other benefits for which the covered employee is otherwise eligible.

5 USC 5738 - Regulations

(a) 
(1) Except as specifically provided in this subchapter, the Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter.
(2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any implementing regulation for any employee relocating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under authority provided in the regulations pursuant to this paragraph shall be effective notwithstanding any other provision of this subchapter.
(b) In prescribing regulations for the implementation of section 5724b of this title, the Administrator of General Services shall consult with the Secretary of the Treasury.
(c) The Secretary of Defense shall prescribe regulations necessary for the implementation of section 5735 of this title.

5 USC 5739 - Authority for relocation expenses test programs

(a) 
(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official any necessary relocation expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 11 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.

TITLE 5 - US CODE - SUBCHAPTER III - TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS

5 USC 5741 - General prohibition

Except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee.

5 USC 5742 - Transportation of remains, dependents, and effects; death occurring away from official station or abroad

(a) For the purpose of this section, agency means
(1) an Executive agency;
(2) a military department;
(3) an agency in the legislative branch; and
(4) an agency in the judicial branch.
(b) When an employee dies, the head of the agency concerned, under regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activity in which the employee was engaged
(1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the United States or while performing official duties outside the continental United States or in transit thereto or therefrom;
(2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting household effects and other personal property to his former home or such other place as is determined by the head of the agency concerned, if
(A) the employee died while performing official duties outside the continental United States or in transit thereto or therefrom; or
(B) in the case of an employee who was a party to a mandatory mobility agreement that was in effect when the employee died
(i) the employee died in the circumstances described in subparagraph (A); or
(ii) 
(I) the employee died as a result of disease or injury incurred while performing official duties
(aa) in an overseas location that, at the time such employee was performing such official duties, was within the area of responsibility of the Commander of the United States Central Command; and
(bb) in direct support of or directly related to a military operation, including a contingency operation (as defined in section 101 (13) of title 10) or an operation in response to an emergency declared by the President; and
(II) the employees dependents were residing either outside the continental United States or within the continental United States when the employee died; and
(3) the travel expenses of not more than 2 persons to escort the remains of a deceased employee, if death occurred while the employee was in travel status away from his official station in the United States or while performing official duties outside the United States or in transit thereto or therefrom, from the place of death to the home or official station of such person, or such other place appropriate for interment as is determined by the head of the agency concerned.
(c) When a dependent of an employee dies while residing with the employee performing official duties outside the continental United States or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when
(1) local commercial mortuary facilities and supplies are not available; or
(2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency.

Reimbursement for the cost of mortuary services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs.

(d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred.
(e) Employees covered by this section include an employee who has been reassigned away from the employees home of record pursuant to a mandatory mobility agreement executed as a condition of employment.

TITLE 5 - US CODE - SUBCHAPTER IV - MISCELLANEOUS PROVISIONS

5 USC 5751 - Travel expenses of witnesses

(a) Under such regulations as the Attorney General may prescribe, an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or assigned by his agency, to testify or produce official records on behalf of the United States is entitled to travel expenses under subchapter I of this chapter. If the case involves the activity in connection with which he is employed, the travel expenses are paid from the appropriation otherwise available for travel expenses of the employee under proper certification by a certifying official of the agency concerned. If the case does not involve its activity, the employing agency may advance or pay the travel expenses of the employee, and later obtain reimbursement from the agency properly chargeable with the travel expenses.
(b) An employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) summoned, or assigned by his agency, to testify in his official capacity or produce official records, on behalf of a party other than the United States, is entitled to travel expenses under subchapter I of this chapter, except to the extent that travel expenses are paid to the employee for his appearance by the court, authority, or party which caused him to be summoned.

5 USC 5752 - Travel expenses of Senior Executive Service candidates

Employing agencies may pay candidates for Senior Executive Service positions travel expenses incurred incident to preemployment interviews requested by the employing agency.

5 USC 5753 - Recruitment and relocation bonuses

(a) 
(1) This section may be applied to
(A) employees covered by the General Schedule pay system established under subchapter III of chapter 53; and
(B) employees in a category approved by the Office of Personnel Management at the request of the head of an Executive agency.
(2) A bonus may not be paid under this section to an individual who is appointed to or who holds
(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined under section 3132 (a)); or
(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(3) In this section, the term employee has the meaning given that term in section 2105, except that such term also includes an employee described in subsection (c) of that section.
(b) The Office of Personnel Management may authorize the head of an agency to pay a bonus under this section to an individual only if
(1) the position to which such individual is appointed (as described in paragraph (2)(A)) or to which such individual moves or must relocate (as described in paragraph (2)(B)) is likely to be difficult to fill in the absence of such a bonus; and
(2) the individual
(A) is newly appointed as an employee of the Federal Government; or
(B) 
(i) is currently employed by the Federal Government; and
(ii) 
(I) moves to a new position in the same geographic area under circumstances described in regulations of the Office; or
(II) must relocate to accept a position in a different geographic area.
(c) 
(1) Payment of a bonus under this section shall be contingent upon the employee entering into a written service agreement to complete a period of employment with the agency, not longer than 4 years. The Office may, by regulation, prescribe a minimum service period for purposes of this section.
(2) 
(A) The agreement shall include
(i) the commencement and termination dates of the required service period (or provisions for the determination thereof);
(ii) the amount of the bonus;
(iii) the method of payment; and
(iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the Office.
(B) The terms and conditions for paying a bonus, as specified in the service agreement, shall include
(i) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and
(ii) the effect of the termination.
(C) The required service period shall commence upon the commencement of service with the agency or movement to a new position or geographic area, as applicable, unless the service agreement provides for a later commencement date in circumstances and to the extent allowable under regulations of the Office, such as when there is an initial period of formal basic training.
(d) 
(1) Except as provided in subsection (e), a bonus under this section shall not exceed 25 percent of the annual rate of basic pay of the employee at the beginning of the service period multiplied by the number of years (including a fractional part of a year, as determined under regulations of the Office) in the required service period of the employee involved.
(2) A bonus under this section may be paid as an initial lump sum, in installments, as a final lump sum upon the completion of the full period of service required by the agreement, or in a combination of these forms of payment.
(3) A bonus under this section is not part of the basic pay of an employee for any purpose.
(4) Under regulations of the Office, a recruitment bonus under this section may be paid to an eligible individual before that individual enters on duty.
(e) The Office may authorize the head of an agency to waive the limitation under subsection (d)(1) based on a critical agency need, subject to regulations prescribed by the Office. Under such a waiver, the maximum bonus allowable shall
(1) be equal to the maximum that would be determined if subsection (d)(1) were applied by substituting 50 for 25; but
(2) in no event exceed 100 percent of the annual rate of basic pay of the employee at the beginning of the service period.

Nothing in this subsection shall be considered to permit the waiver of any requirement under subsection (c).

(f) The Office shall require that an agency establish a plan for the payment of recruitment bonuses before paying any such bonuses, and a plan for the payment of relocation bonuses before paying any such bonuses, subject to regulations prescribed by the Office.
(g) The Office may prescribe regulations to carry out this section, including regulations relating to the repayment of a bonus under this section in appropriate circumstances when the agreed-upon service period has not been completed.

5 USC 5754 - Retention bonuses

(a) 
(1) This section may be applied to
(A) employees covered by the General Schedule pay system established under subchapter III of chapter 53; and
(B) employees in a category approved by the Office of Personnel Management at the request of the head of an Executive agency.
(2) A bonus may not be paid under this section to an individual who is appointed to or who holds
(A) a position to which an individual is appointed by the President, by and with the advice and consent of the Senate;
(B) a position in the Senior Executive Service as a noncareer appointee (as such term is defined under section 3132 (a)); or
(C) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
(3) In this section, the term employee has the meaning given that term in section 2105, except that such term also includes an employee described in subsection (c) of that section.
(b) The Office of Personnel Management may authorize the head of an agency to pay a retention bonus to an employee if
(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employees services makes it essential to retain the employee; and
(2) the agency determines that, in the absence of a retention bonus, the employee would be likely to leave
(A) the Federal service; or
(B) for a different position in the Federal service under conditions described in regulations of the Office.
(c) The Office may authorize the head of an agency to pay retention bonuses to a group of employees in 1 or more categories of positions in 1 or more geographic areas, subject to the requirements of subsection (b)(1) and regulations prescribed by the Office, if there is a high risk that a significant portion of employees in the group would be likely to leave in the absence of retention bonuses.
(d) 
(1) Payment of a retention bonus is contingent upon the employee entering into a written service agreement with the agency to complete a period of employment with the agency.
(2) 
(A) The agreement shall include
(i) the length of the required service period;
(ii) the amount of the bonus;
(iii) the method of payment; and
(iv) other terms and conditions under which the bonus is payable, subject to the requirements of this section and regulations of the Office.
(B) The terms and conditions for paying a bonus, as specified in the service agreement, shall include
(i) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed; and
(ii) the effect of the termination.
(3) 
(A) Notwithstanding paragraph (1), a written service agreement is not required if the agency pays a retention bonus in biweekly installments and sets the installment payment at the full bonus percentage rate established for the employee with no portion of the bonus deferred.
(B) If an agency pays a retention bonus in accordance with subparagraph (A) and makes a determination to terminate the payments, the agency shall provide written notice to the employee of that determination. Except as provided in regulations of the Office, the employee shall continue to be paid the retention bonus through the end of the pay period in which such written notice is provided.
(4) A retention bonus for an employee may not be based on any period of such service which is the basis for a recruitment or relocation bonus under section 5753.
(e) 
(1) Except as provided in subsection (f), a retention bonus, which shall be stated as a percentage of the employees basic pay for the service period associated with the bonus, may not exceed
(A) 25 percent of the employees basic pay if paid under subsection (b); or
(B) 10 percent of an employees basic pay if paid under subsection (c).
(2) 
(A) A retention bonus may be paid to an employee in installments after completion of specified periods of service or in a single lump sum at the end of the full period of service required by the agreement.
(B) An installment payment is derived by multiplying the amount of basic pay earned in the installment period by a percentage not to exceed the bonus percentage rate established for the employee.
(C) If the installment payment percentage established for the employee is less than the bonus percentage rate established for the employee, the accrued but unpaid portion of the bonus is payable as part of the final installment payment to the employee after completion of the full service period under the terms of the service agreement.
(D) For purposes of this paragraph, the bonus percentage rate established for an employee means the bonus percentage rate established for such employee in accordance with paragraph (1) or subsection (f), as the case may be.
(3) A retention bonus is not part of the basic pay of an employee for any purpose.
(f) Upon the request of the head of an agency, the Office may waive the limit established under subsection (e)(1) and permit the agency head to pay an otherwise eligible employee or category of employees retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
(g) The Office shall require that, before paying any bonuses under this section, an agency shall establish a plan for the payment of any such bonuses, subject to regulations prescribed by the Office.
(h) The Office may prescribe regulations to carry out this section.

5 USC 5755 - Supervisory differentials

(a) 
(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
(b) 
(1) A supervisory differential, which shall be stated as a percentage of the supervisory employees rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employees pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.
(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302 (d).
(3) A supervisory differential shall be paid in the same manner and at the same time as the employees basic pay is paid.
(c) For the purpose of this section
(1) the terms agency and employee have the meanings given them by section 5102; and
(2) any reference to an employee under the General Schedule shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies.
(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.

5 USC 5756 - Home marketing incentive payment

(a) Under regulations prescribed under subsection (b), an agency may pay to an employee who transfers in the interest of the Government an amount to encourage the employee to aggressively market the employees residence at the official station from which transferred when
(1) the residence is entered into a relocation services program established under a contract in accordance with section 5724c of this title to arrange for the purchase of the residence;
(2) the employee finds a buyer who completes the purchase of the residence through the program; and
(3) the sale of the residence results in a reduced cost to the Government.
(b) 
(1) The Administrator of General Services shall prescribe regulations to carry out this section.
(2) The regulations shall include a limitation on the maximum amount payable with respect to an employees residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence.

5 USC 5757 - Payment of expenses to obtain professional credentials

(a) An agency may use appropriated funds or funds otherwise available to the agency to pay for
(1) expenses for employees to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and
(2) examinations to obtain such credentials.
(b) The authority under subsection (a) may not be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position that is excepted from the competitive service because of the confidential, policy-determining, policy-making, or policy-advocating character of the position.
[1] Another section 5757 is set out after this section.

5 USC 5757 - Extended assignment incentive

(a) The head of an Executive agency may pay an extended assignment incentive to an employee if
(1) the employee has completed at least 2 years of continuous service in 1 or more civil service positions located in a territory or possession of the United States, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands;
(2) the agency determines that replacing the employee with another employee possessing the required qualifications and experience would be difficult; and
(3) the agency determines it is in the best interest of the Government to encourage the employee to complete a specified additional period of employment with the agency in the territory or possession, the Commonwealth of Puerto Rico or Commonwealth of the Northern Mariana Islands, except that the total amount of service performed in a particular territory, commonwealth, or possession under 1 or more agreements established under this section may not exceed 5 years.
(b) The sum of extended assignment incentive payments for a service period may not exceed the greater of
(1) an amount equal to 25 percent of the annual rate of basic pay of the employee at the beginning of the service period, times the number of years in the service period; or
(2) $15,000 per year in the service period.
(c) 
(1) Payment of an extended assignment incentive shall be contingent upon the employee entering into a written agreement with the agency specifying the period of service and other terms and conditions under which the extended assignment incentive is payable.
(2) The agreement shall set forth the method of payment, including any use of an initial lump-sum payment, installment payments, or a final lump-sum payment upon completion of the entire period of service.
(3) The agreement shall describe the conditions under which the extended assignment incentive may be canceled prior to the completion of agreed-upon service period and the effect of the cancellation. The agreement shall require that if, at the time of cancellation of the incentive, the employee has received incentive payments which exceed the amount which bears the same relationship to the total amount to be paid under the agreement as the completed service period bears to the agreed-upon service period, the employee shall repay that excess amount, at a minimum, except that an employee who is involuntarily reassigned to a position stationed outside the territory, commonwealth, or possession or involuntarily separated (not for cause on charges of misconduct, delinquency, or inefficiency) may not be required to repay any excess amounts.
(d) An agency may not put an extended assignment incentive into effect during a period in which the employee is fulfilling a recruitment or relocation bonus service agreement under section 5753 or for which an employee is receiving a retention allowance under section 5754.
(e) Extended assignment incentive payments may not be considered part of the basic pay of an employee.
(f) The Office of Personnel Management may prescribe regulations for the administration of this section, including regulations on an employees entitlement to retain or receive incentive payments when an agreement is canceled. Neither this section nor implementing regulations may impair any agencys independent authority to administratively determine compensation for a class of its employees.
[1] Another section 5757 is set out preceding this section.

5 USC 5759 - Retention and relocation bonuses for the Federal Bureau of Investigation

(a) Authority.— 
The Director of the Federal Bureau of Investigation, after consultation with the Director of the Office of Personnel Management, may pay, on a case-by-case basis, a bonus under this section to an employee of the Bureau if
(1) 
(A) the unusually high or unique qualifications of the employee or a special need of the Bureau for the employees services makes it essential to retain the employee; and
(B) the Director of the Federal Bureau of Investigation determines that, in the absence of such a bonus, the employee would be likely to leave
(i) the Federal service; or
(ii) for a different position in the Federal service; or
(2) the individual is transferred to a different geographic area with a higher cost of living (as determined by the Director of the Federal Bureau of Investigation).
(b) Service Agreement.— 
Payment of a bonus under this section is contingent upon the employee entering into a written service agreement with the Bureau to complete a period of service with the Bureau. Such agreement shall include
(1) the period of service the individual shall be required to complete in return for the bonus; and
(2) the conditions under which the agreement may be terminated before the agreed-upon service period has been completed, and the effect of the termination.
(c) Limitation on Authority.— 
A bonus paid under this section may not exceed 50 percent of the employees basic pay.
(d) Impact on Basic Pay.— 
A retention bonus is not part of the basic pay of an employee for any purpose.
(e) Termination of Authority.— 
The authority to grant bonuses under this section shall cease to be available after December 31, 2009.
[1] So in original. No section 5758 has been enacted.

5 USC 5760 - Travel and transportation allowances: transportation of family members incident to the repatriation of employees held captive

(a) Allowance for Family Members and Certain Others.— 

(1) Under uniform regulations prescribed by the heads of agencies, travel and transportation described in subsection (d) may be provided for not more than 3 family members of an employee described in subsection (b).
(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the head of an agency may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in subsection (b) if the head of an agency determines
(A) the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the head of the agency; and
(B) no other family member who is eligible for travel and transportation under subsection (a) is able to serve as an attendant for the family member.
(3) If no family member of an employee described in subsection (b) is able to travel to the repatriation site of the employee, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the employee.
(b) Covered Employees.— 
An employee described in this subsection is an employee (as defined in section 2105 of this title) who
(1) was held captive, as determined by the head of an agency concerned; and
(2) is repatriated to a site inside or outside the United States.
(c) Eligible Family Members.— 
In this section, the term family member has the meaning given the term in section 411h (b) of title 37.
(d) Travel and Transportation Authorized.— 

(1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the employee is located.
(2) In addition to the transportation authorized by subsection (a), the head of an agency may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 404 (d) of title 37.
(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h (d)(1) of title 37.
(4) An allowance under this subsection may be paid in advance.
(5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.

TITLE 5 - US CODE - CHAPTER 59 - ALLOWANCES

TITLE 5 - US CODE - SUBCHAPTER I - UNIFORMS

5 USC 5901 - Uniform allowances

(a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a showing of necessity or desirability, such sums as may be necessary to carry out this subchapter. The head of the agency concerned, out of funds made available by the appropriation, shall
(1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or
(2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).

The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under section 5903 of this title. When the agency pays direct to the uniform vendor, the head of the agency may deduct a service charge of not more than 4 percent.

(b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section.
(c) An allowance paid under this section is not wages within the meaning of section 409 of title 42 or chapters 21 and 24 of title 26.

5 USC 5902 - Increase in maximum uniform allowance

The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.

5 USC 5903 - Regulations

The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.

TITLE 5 - US CODE - SUBCHAPTER II - QUARTERS

5 USC 5911 - Quarters and facilities; employees in the United States

(a) For the purpose of this section
(1) Government means the Government of the United States;
(2) agency means an Executive agency, but does not include the Tennessee Valley Authority;
(3) employee means an employee of an agency;
(4) United States means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Rico;
(5) quarters means quarters owned or leased by the Government; and
(6) facilities means household furniture and equipment, garage space, utilities, subsistence, and laundry service.
(b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.
(c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.
(d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law.
(e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.
(f) The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section.
(g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute.
(h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing
(1) is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and
(2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.

5 USC 5912 - Quarters in Government owned or rented buildings; employees in foreign countries

Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor.

5 USC 5913 - Official residence expenses

(a) For the purpose of this section, agency has the meaning given it by section 5721 of this title.
(b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for
(1) the chief representatives of the United States at the posts; and
(2) such other senior officials of the Government of the United States as the President may designate.
(c) Funds made available under subsection (b) may be provided in advance to persons eligible to receive reimbursements.

TITLE 5 - US CODE - SUBCHAPTER III - OVERSEAS DIFFERENTIALS AND ALLOWANCES

5 USC 5921 - Definitions

For the purpose of this subchapter
(1) Government means the Government of the United States;
(2) agency means an Executive agency and the Library of Congress, but does not include a Government controlled corporation;
(3) employee means an employee in or under an agency and more specifically defined by regulations prescribed by the President;
(4) United States, when used in a geographical sense, means the several States and the District of Columbia;
(5) continental United States means the several States and the District of Columbia, but does not include Alaska or Hawaii; and
(6) foreign area means
(A) the Trust Territory of the Pacific Islands; and
(B) any other area outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and territories and possessions of the United States.

5 USC 5922 - General provisions

(a) Notwithstanding section 5536 of this title and except as otherwise provided by this subchapter, the allowances and differentials authorized by this subchapter may be granted to an employee officially stationed in a foreign area
(1) who is a citizen of the United States; and
(2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials provided by this subchapter, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States.

To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this subchapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States.

(b) Allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee. An advance of funds not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by
(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(2) such other method as is provided by law for the recovery of amounts owing to the Government.

The head of the agency concerned, under regulations of the President, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.

(c) The allowances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing
(1) payments of the allowances and differentials and the respective rates at which the payments are made;
(2) the foreign areas, the groups of positions, and the categories of employees to which the rates apply; and
(3) other related matters.
(d) When a quarters allowance or allowance related to education under this subchapter, or quarters furnished in Government-owned or controlled buildings under section 5912, would be furnished to an employee but for the death of the employee, such allowances or quarters may be furnished or continued for the purpose of allowing any child of the employee to complete the current school year at post or away from post notwithstanding the employees death.
(e) When an allowance related to education away from post under this subchapter would be authorized with respect to an employee but for the evacuation or authorized departure status of the post, such an allowance may be furnished or continued for the purpose of allowing any dependent children of such employee to complete the current school year.
(f) 
(1) If an employee dies at post in a foreign area, a transfer allowance under section 5924 (2)(B) may be granted to the spouse or dependents of such employee (or both) for the purpose of providing for their return to the United States.
(2) A transfer allowance under this subsection may not be granted with respect to the spouse or a dependent of the employee unless, at the time of death, such spouse or dependent was residing
(A) at the employees post of assignment; or
(B) at a place, outside the United States, for which a separate maintenance allowance was being furnished under section 5924 (3).
(3) The President may prescribe any regulations necessary to carry out this subsection.

5 USC 5923 - Quarters allowances

(a) When Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable:
(1) A temporary subsistence allowance for the reasonable cost of temporary quarters (including meals and laundry expenses) incurred by the employee and his family
(A) for a period not in excess of 90 days after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and
(B) for a period of not more than 30 days immediately before final departure from the post after the necessary evacuation of residence quarters.
(2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section 3324 (a) and (b) of title 31.
(3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if
(A) the expenses are administratively approved in advance; and
(B) the duration and terms of the lease justify payment of the expenses by the Government.
(b) The 90-day period under subsection (a)(1)(A) and the 30-day period under subsection (a)(1)(B) may each be extended for not more than 60 additional days if the head of the agency concerned or his designee determines that there are compelling reasons beyond the control of the employee for the continued occupancy of temporary quarters.

5 USC 5924 - Cost-of-living allowances

The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area:
(1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia, except that employees receiving the temporary subsistence allowance under section 5923 (1) are ineligible for a post allowance under this paragraph.
(2) A transfer allowance for extraordinary, necessary, and reasonable subsistence and other relocation expenses (including unavoidable lease penalties), not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in
(A) a foreign area (including costs incurred in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements prior to departure for a post of assignment in a foreign area); or
(B) the United States after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.
(3) A separate maintenance allowance to assist an employee who is compelled or authorized, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employees post of assignment in a foreign area, or for the convenience of the Government, or who requests such an allowance because of special needs or hardship involving the employee or the employees spouse or dependents, to meet the additional expenses of maintaining, elsewhere than at the post, the employees spouse or dependents, or both.
(4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas), as follows:
(A) An allowance not to exceed the cost of obtaining such kindergarten, elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest United States locality where an adequate school is available, without regard to section 3324 (a) and (b) of title 31. When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post. The amount of the allowance granted shall be determined on the basis of the educational facility used.
(B) The travel expenses of dependents of an employee to and from a secondary or post-secondary educational institution, not to exceed one annual trip each way for each dependent, except that an allowance payment under subparagraph (A) may not be made for a dependent during the 12 months following the arrival of the dependent at the selected educational institution under authority contained in this subparagraph.
(C) In those cases in which an adequate school is available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.
(D) Allowances provided pursuant to subparagraphs (A) and (B) may include, at the election of the employee, payment or reimbursement of the costs incurred to store baggage for the employees dependent at or in the vicinity of the dependents school during one trip per year by the dependent between the school and the employees duty station, except that such payment or reimbursement may not exceed the cost that the Government would incur to transport the baggage in connection with the trip, and such payment or reimbursement shall be in lieu of transportation of the baggage.

5 USC 5925 - Post differentials

(a) A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 35 percent of the rate of basic pay.
(b) Any employee granted a differential under subsection (a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of positions at that post. An additional differential for any employee under this subsection
(1) may be paid for each assignment to a post determined to have such conditions;
(2) may be paid periodically or in a lump sum; and
(3) may not exceed 15 percent of the rate of basic pay of that employee for the period served under that assignment.

5 USC 5926 - Compensatory time off at certain posts in foreign areas

(a) Under regulations prescribed pursuant to this subchapter, and notwithstanding subchapter V of chapter 55 of this title or any other law, the head of an agency may, on request of an employee serving in a foreign area
(1) at an isolated post performing functions required to be maintained on a substantially continuous basis, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work; or
(2) at a post in a locality that customarily observes irregular hours of work or where other special conditions are present, in order to cope with those special circumstances, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work for use during the pay period in which it is earned.

Credit for compensatory time off earned under paragraph (2) shall not form the basis for any additional compensation.

(b) Compensatory time earned under this section shall be for use only while the employee is assigned to the post where it is earned. Any such compensatory time not used at the time the employee is reassigned to another post shall be forfeited.

5 USC 5927 - Advances of pay

(a) Up to three months pay may be paid in advance
(1) to an employee upon the assignment of the employee to a post in a foreign area;
(2) to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who
(A) is a citizen of the United States;
(B) is officially stationed or located outside the United States pursuant to Government authorization; and
(C) requires (or has a family member who requires) medical treatment outside the United States, in circumstances specified by the President in regulations; and
(3) to an employee compensated pursuant to section 408 of the Foreign Service Act of 1980, who
(A) pursuant to United States Government authorization is located outside the country of employment; and
(B) requires medical treatment outside the country of employment in circumstances specified by the President in regulations.
(b) For the purpose of this section, the term country of employment, as used with respect to an individual under subsection (a)(3), means the country (or other area) outside the United States where such individual is hired (as described in subsection (a)(3)) by the Government.

5 USC 5928 - Danger pay allowance

An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 35 percent of the basic pay of the employee, except that if an employee is granted an additional differential under section 5925 (b) of this title with respect to an assignment, the sum of that additional differential and any danger pay allowance granted to the employee with respect to that assignment may not exceed 35 percent of the basic pay of the employee. The presence of nonessential personnel or dependents shall not preclude payment of an allowance under this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of the action taken and the circumstances justifying it.

TITLE 5 - US CODE - SUBCHAPTER IV - MISCELLANEOUS ALLOWANCES

5 USC 5941 - Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska

(a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on
(1) living costs substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
(3) both of these factors.

The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies.

(b) An employee entitled to a cost-of-living allowance under section 5924 of this title may not be paid an allowance under subsection (a) of this section based on living costs substantially higher than in the District of Columbia.

5 USC 5942 - Allowance based on duty at remote worksites

(a) Notwithstanding section 5536 of this title, an employee of an Executive department or an independent establishment who is assigned to duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable degree of expense, hardship, and inconvenience, beyond that normally encountered in metropolitan commuting, on the part of the employee in commuting to and from his residence and such worksite, is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. The allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply.
(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.

5 USC 5942a - Separate maintenance allowance for duty at Johnston Island

(a) Notwithstanding section 5536 of this title, and under regulations prescribed by the President, an employee of an Executive agency (other than a Government corporation) who is assigned to a post of duty at Johnston Island, a possession of the United States in the Pacific Ocean, is entitled to receive a separate maintenance allowance if the head of the employing agency finds that
(1) it is necessary for the employee to maintain the employees spouse or dependents, or both, at a location other than Johnston Island
(A) by reason of dangerous or adverse living conditions at Johnston Island; or
(B) for the convenience of the Federal Government; and
(2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employees spouse or dependents, or both, at such other location rather than at the post.
(b) The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.

5 USC 5943 - Foreign currency appreciation allowances

(a) The President, under such regulations as he may prescribe, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes.
(b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses.
(c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section.
(d) The President shall report annually to Congress all expenditures made under this section.

5 USC 5944 - Repealed. Pub. L. 98164, title I, 127(b)(1), Nov. 22, 1983, 97 Stat. 1027]

Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 513, authorized head of Executive department or military department which maintained a permanent staff of employees in foreign countries to pay burial expenses and expenses in connection with last illness and death of a native employee of his department in a country in which Secretary of State determined it was customary for employers to pay these expenses, and in foreign countries in which custom did not exist, on finding that immediate family of deceased was destitute, he could pay such of expenses as employee in charge of the office abroad in which deceased was employed considered proper. See section 3968 (a)(1) of Title 22, Foreign Relations and Intercourse.

5 USC 5945 - Notary public commission expenses

An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia who is required to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency concerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this section.

5 USC 5946 - Membership fees; expenses of attendance at meetings; limitations

Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated funds may not be used for payment of
(1) membership fees or dues of an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia in a society or association; or
(2) expenses of attendance of an individual at meetings or conventions of members of a society or association.

This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.

5 USC 5947 - Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations

(a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations.
(b) Notwithstanding section 5536 of this title, an employee entitled to the benefits of subsection (a) of this section while on a vessel, may be paid, in place of these benefits, an allowance for quarters or subsistence, or both, when
(1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or
(2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs.
(c) The quarters or subsistence, or both, or allowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army.

5 USC 5948 - Physicians comparability allowances

(a) Notwithstanding any other provision of law, and in order to recruit and retain highly qualified Government physicians, the head of an agency, subject to the provisions of this section, section 5307, and such regulations as the President or his designee may prescribe, may enter into a service agreement with a Government physician which provides for such physician to complete a specified period of service in such agency in return for an allowance for the duration of such agreement in an amount to be determined by the agency head and specified in the agreement, but not to exceed
(1) $14,000 per annum if, at the time the agreement is entered into, the Government physician has served as a Government physician for twenty-four months or less, or
(2) $30,000 per annum if the Government physician has served as a Government physician for more than twenty-four months. For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 41141 of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (42 U.S.C. ch. 6A) shall be deemed service as a Government physician.
(b) An allowance may not be paid pursuant to this section to any physician who
(1) is employed on less than a half-time or intermittent basis,
(2) occupies an internship or residency training position,
(3) is a reemployed annuitant, or
(4) is fulfilling a scholarship obligation.
(c) The head of an agency, pursuant to such regulations, criteria, and conditions as the President or his designee may prescribe, shall determine categories of positions applicable to physicians in such agency with respect to which there is a significant recruitment and retention problem. Only physicians serving in such positions shall be eligible for an allowance pursuant to this section. The amounts of each such allowance shall be determined by the agency head, subject to such regulations, criteria, and conditions as the President or his designee may prescribe, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians.
(d) Any agreement entered into by a physician under this section shall be for a period of one year of service in the agency involved unless the physician requests an agreement for a longer period of service.
(e) Unless otherwise provided for in the agreement under subsection (f) of this section, an agreement under this section shall provide that the physician, in the event that such physician voluntarily, or because of misconduct, fails to complete at least one year of service pursuant to such agreement, shall be required to refund the total amount received under this section, unless the head of the agency, pursuant to such regulations as may be prescribed under this section by the President or his designee, determines that such failure is necessitated by circumstances beyond the control of the physician.
(f) Any agreement under this section shall specify, subject to such regulations as the President or his designee may prescribe, the terms under which the head of the agency and the physician may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician for each reason for termination.
(g) For the purpose of this section
(1) Government physician means any individual employed as a physician or dentist who is paid under
(A) section 5332 of this title, relating to the General Schedule;
(B) Subchapter VIII of chapter 53 of this title, relating to the Senior Executive Service;
(C) section 5371, relating to certain health care positions;
(D) section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831b), relating to the Tennessee Valley Authority;
(E) chapter 4 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3961 and following), relating to the Foreign Service;
(F) section 10 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), relating to the Central Intelligence Agency;
(G) section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission;
(H) section 2 of the Act of May 29, 1959[2] (Public Law 8636, as amended, 50 U.S.C. 402 note ), relating to the National Security Agency;
(I) section 5376, relating to certain senior-level positions;
(J) section 5377, relating to critical positions; or
(K) subchapter IX of chapter 53, relating to special occupational pay systems; and
(2) agency means an Executive agency, as defined in section 105 of this title, the Library of Congress, and the District of Columbia government.
(h) 
(1) Any allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and section 5595 of chapter 55, chapter 81 or 87 of this title, or other benefits related to basic pay.
(2) Any allowance under this section for a Government physician shall be paid in the same manner and at the same time as the physicians basic pay is paid.
(i) Any regulations, criteria, or conditions that may be prescribed under this section by the President or his designee shall not be applicable to the Tennessee Valley Authority, and the Tennessee Valley Authority shall have sole responsibility for administering the provisions of this section with respect to Government physicians employed by the Authority.
(j) Not later than June 30 of each year, the President shall submit to each House of Congress a written report on the operation of this section. Each report shall include, with respect to the year covered by such report, information as to
(1) which agencies entered into agreements under this section;
(2) the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section;
(3) the number of physicians with whom agreements were entered into by each agency;
(4) the size of the allowances and the duration of the agreements entered into; and
(5) the degree to which the recruitment or retention problems referred to in paragraph (2) were alleviated under this section.
[1] See References in Text note below.
[2] See References in Text note below.

5 USC 5949 - Hostile fire pay

(a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the employee was
(1) subject to hostile fire or explosion of hostile mines;
(2) on duty in an area in which the employee was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period on duty in that area, other employees were subject to hostile fire or explosion of hostile mines; or
(3) killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action.
(b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be paid hostile fire pay under this section for not more than three additional months during which the employee is so hospitalized.
(c) An employee may be paid hostile fire pay under this section in addition to other pay and allowances to which entitled, except that an employee may not be paid hostile fire pay under this section for periods of time during which the employee receives payment under section 5925 of this title because of exposure to political violence or payment under section 5928 of this title.