Title 5Government Organization and EmployeesRelease 119-73

§5333 Minimum rate for new appointments

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 53— - PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER III— - GENERAL SCHEDULE PAY RATES › § 5333

Last updated Apr 6, 2026|Official source

Summary

New hires must be paid at least the minimum for their grade. Under rules the Office of Personnel Management sets, an agency head can pay someone above that minimum for reasons like higher current pay, rare skills, or a special government need, but OPM must approve each case. The Librarian of Congress does not need OPM approval.

Full Legal Text

Title 5, §5333

Government Organization and Employees — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 1131.Oct. 28, 1949, ch. 782, § 801, 63 Stat. 969.Aug. 14, 1964, Pub. L. 88–426, § 103(a), 78 Stat. 401. (b)5 U.S.C. 1133.Oct. 28, 1949, ch. 782, § 803, 63 Stat. 970. Sept. 1, 1954, ch. 1208, § 104, 68 Stat. 1106. Oct. 11, 1962, Pub. L. 87–793, § 604(c), 76 Stat. 848. In subsection (b), the word “scheduled” is omitted since section 603 of the Act of Oct. 11, 1962, Pub. L. 87–793, 76 Stat. 847, eliminated the necessity of referring to rates as scheduled or longevity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 5333(a)5 App.: 1131.July 18, 1966, Pub. L. 89–504, § 103, 80 Stat. 289.

Editorial Notes

Amendments

1990—Pub. L. 101–509 struck out “; higher rates for supervisors of prevailing rate employees” after “appointments” in section catchline, struck out “(a)” before “New appointments shall”, struck out “in GS–11 or above” after “individual to a position”, and struck out subsec. (b) which read as follows: “Under

Regulations

prescribed by the Office of Personnel Management, an employee in a position to which this subchapter applies, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly supervised, or at the maximum rate for his grade, as provided by the

Regulations

.” 1979—Pub. L. 96–54 substituted “prevailing rate” for “wage-board” in section catchline. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

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

Effective Date

of 1979 AmendmentAmendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5333

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73