§5374 — Title 5 Government Organization and Employees | U.S. Code

Summary

The head of the agency must set the yearly basic pay for certain executive-branch jobs so it equals a grade and step on the General Schedule. That rule covers jobs tied to section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422) and jobs whose pay was fixed at $18,500 or more by laws before August 14, 1964 that are not put into the Executive Schedule. Each pay decision must be reported to the Office of Personnel Management and published in the Federal Register unless the President determines releasing it would harm national security.

Title 5, §5374

Government Organization and Employees — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2213.Aug. 14, 1964, Pub. L. 88–426, § 309, 78 Stat. 433. The word “office” is omitted as included in “position”. The words “before August 14, 1964” are substituted for “prior to the date of enactment of this Act”. The words “pursuant to section 303 of this Act” are omitted as surplusage. Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

References in Text

section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of Pub. L. 88–426, Aug. 14, 1964. For complete classification of this section to the Code, see Tables.

Amendments

1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

§5374 Miscellaneous Positions in the Executive Branch