The deletion of paragraphs (22), (38), and (83) of 5 U.S.C. 5316 reflects (1) the termination, effective June 30, 1965, of the position of "Area Redevelopment Administrator, Department of Commerce" pursuant to Public Law 8727 (sec. 29, 75 Stat. 63; 42 U.SC 2525); (2) the abolition of the position of "Chief, Weather Bureau, Department of Commerce" by 1965 Reorganization Plan No. 2 (sec. 2(a), 79 Stat. 1318); and (3) the abolition of the position of "General Counsel of the Housing and Home Finance Agency" by Public Law 89-174 (sec. 5(a), 9(c), 79 Stat. 669, 671).

The redesignation of paragraphs (117) and (118) as paragraphs "(118)" and "(119)", respectively, eliminates duplicate paragraph numbering effected by section 10(d) (5) of Public Law 89-670 and section 1(2) of Public Law 89-734.

AMENDMENTS

1971-Par. (126). Pub. L. 91-644 struck out par. (126) "Associate Administrator of Law Enforcement Assistance (2)", renumbered as par. (90) of section 5315 of this title. 1970-Pars. (37), (60), (123). Pub. L. 91-375 struck out provisions for inclusion in Level V of the Executive Schedule Post Office Department positions of Chief Postal Inspector; Director, Research and Development; and Director, Construction Engineering, respectively.

Par. (130). Pub. L. 91-453 added par. (130).

1969-Pars. (128), (129). Pub. L. 91-175 added pars. (128) and (129).

1968 Par. (66). Pub. L. 90-407 substituted "Assistant Directors, National Science Foundation (4)" for "Deputy Director, National Science Foundation".

Par. (126). Pub. L. 90-623, § 1(4), increased from 1 to 2 the number of Associate Administrators of Law Enforcement Assistance.

Par. (126). Pub. L. 90-351 added par. (126). Par. (127). Pub. L. 90-623, § 1(5), added par. (127). 1967-Pub. L. 90-206 increased the annual rate of basic pay from $26,000 to $28,000.

Par. (46). Pub. L. 90-9 struck out position of Chief Commissioner, Indian Claims Commission. See par. (47) of this section.

Par. (47). Pub. L. 90-9 substituted "Commissioners, Indian Claims Commission (5)" for "Associate Commissioners, Indian Claims Commission (2)".

1966-Pub. L. 89-779 substituted "Associate Administrators of the Small Business Administration (3)" for "Deputy Administrators of the Small Business Administration (4)" in par. (11).

Pub. L. 89-734 added par. (117), relating to Director, United States National Museum, Smithsonian Institution, and par. (118).

Pub. L. 89-670 added par. (117), relating to Assistant Secretary for Administration, Department of Transportation, and repealed pars. (10) Administrator of the Saint Lawrence Seaway Development Corporation, (12) Associate Administrator for Administration, Federal Aviation Agency, (13) Associate Administrator for Development, Federal Aviation Agency, (14) Associate Administrator for Programs, Federal Aviation Agency, (76) Federal Highway Administrator, Department of Commerce, and (82) General Counsel of the Federal Aviation Agency, subject to the provisions of section 1657 of Title 49, Transportation. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as a note preceding section 101 of Title 39, Postal Service.

EFFECTIVE DATE OF 1968 AMENDMENTS Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of this title.

Amendment by Pub. L. 90-407 effective on the first day of the first calendar month which begins on or after July 18, 1968, see section 15 (a) (4) of Pub. L. 90-407, set out as a note under section 5313 of this title.

EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective as of the beginning of the first pay period which begins on or after Dec. 16, 1967, see section 220 (a) (3) of Pub. L. 90-206, set

out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 15 (a) of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Transportation.

TRANSFER OF FUNCTIONS

The Environmental Science Services Administration in the Department of Commerce, including the offices of Administrator and Deputy Administrator thereof, were abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 30, 1970, 35 F.R. 15627, 84 Stat. - set out in the Appendix to this title, which created in the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred the personnel, property, records, and unexpended balances of funds of the Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. The components of the Environmental Science Services Administration thus transferred included the Weather Bureau, the Coast and Geodetic Survey, the Environmental Data Service, the National Environmental Satellite Center, and the ESSA Research Laboratories.

OFFICE OF EMERGENCY PREPAREDNESS

The name of the Office of Emergency Planning was changed to the Office of Emergency Preparedness by Pub. L. 90-608, c. IV, § 402, Oct. 21, 1968, 82 Stat. 1194, with references in any other law to the Office of Emergency Planning to be deemed, after Oct. 21, 1968, references to the Office of Emergency Preparedness.

DIRECTOR, BUREAU OF DOMESTIC COMMERCE Compensation for Director, Bureau of Domestic Commerce, Department of Commerce, fixed at rate prescribed for level V of Executive Schedule, see section 1 of Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, set out as a note under section 1511 of Title 15, Commerce and Trade.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5317 of this title and in title 2 sections 166, 282b, 353; title 28 sections 548, 625; title 39 section 206; title 42 sections 1864a, 4302.

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 89-670, § 10(d) (6), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, § 1(17), Sept. 11, 1967, 81 Stat. 199.)

HISTORICAL AND REVISION NOTES
1966 ACT

The word "offices" is omitted as included in "positions". The term "Executive agency" is substituted for "Federal department or agency" in view of the definition in section 105. The words "after August 14, 1964" are substituted for "subsequent to the date of enactment of this Act". 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

The amendment to 5 U.S.C. 5317 conforms to the style of title 5.

AMENDMENTS

1966-Pub. L. 89-670 increased from thirty to thirtyfour the number of additional level IV and V positions authorized when necessary.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 15(a) of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Transportation.

PLACEMENT OF POSITIONS IN LEVEL IV

The following additional offices and positions are placed in Level IV of the Federal Executive Salary Schedule by Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855; Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169; Ex. Ord. No. 11248, Oct. 10, 1965, 30 F.R. 12999; Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507; Ex. Ord. No. 11262, Dec. 13, 1965, 30 F.R. 15399; Ex. Ord. No. 11367, Aug. 18, 1967, 32 F.R. 12037; Ex. Ord. No. 11385, Dec. 16, 1967, 32 F.R. 18081; Ex. Ord. No. 11389, Jan. 22, 1968, 33 F.R. 839; Ex. Ord. No. 11409, Apr. 29, 1968, 33 F.R. 6601; Ex. Ord. No. 11416, June 24, 1968, 33 F.R. 9385; Ex. Ord. No. 11421, Aug. 9, 1968, 33 F.R. 11447; Ex. Ord. No. 11441, Dec. 23, 1968, 33 F.R. 19775; Ex. Ord. No. 11468, May 10, 1969, 34 F.R. 7641; Ex. Ord. No. 11489, Oct. 27, 1969, 34 F.R. 17419, and Ex. Ord. No. 11540, July 1, 1970, 35 F.R. 10735.

Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare.

Administrator, National Institutes of Health, Department of Health, Education, and Welfare.

Administrator, Social and Rehabilitation Service, Department of Health, Education, and Welfare. Assistant to the Deputy Secretary of Defense. Associate Director, Office of Management and Budget, Executive Office of the President.

Chairman, Equal Employment Opportunity Commis

sion.

Chief of Protocol, Department of State.

Deputy Assistant Secretary of Defense for Reserve Affairs.

Deputy Under Secretary for International Labor Affairs, Department of Labor.

Director, Bureau of Intelligence and Research, Department of State.

Director, Community Relations Service.

Director, Office of Foreign Direct Investments, Department of Commerce.

Director, United States Secret Service, Treasury Department.

Principal Deputy Director of Defense Research and Engineering, Department of Defense.

Special Assistant to the Secretary (Congressional Relations), Treasury Department.

United States Attorney for the District of Columbia. United States Attorney for the Southern District of New York.

PLACEMENT OF POSITIONS IN LEVEL V The following additional offices and positions are placed in Level V of the Federal Executive Salary Schedule by Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855; Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169; Ex. Ord. No. 11248, Oct. 10, 1965, 30 F.R. 12999; Ex. Ord. No. 11251, Oct. 19, 1965, 30 F.R. 13427; Ex. Ord. No. 11262, Dec. 13, 1965, 30 F.R. 15399; Ex. Ord. No. 11268, Jan. 20, 1966, 31 F.R. 871; Ex. Ord. No. 11273, Mar. 22, 1966, 31 F.R. 4947; Ex. Ord. No. 11293, Aug. 3, 1966, 31 F.R. 10507; Ex. Ord. No. 11299, Aug. 15, 1966,

31 F.R. 10917; Ex. Ord. No. 11316, Nov. 28, 1966, 31 F.R. 15011; Ex. Ord. No. 11323, Jan. 20, 1967, 32 F.R. 777; Ex. Ord. No. 11335, Mar. 9, 1967, 32 FR. 3965; Ex. Ord. No. 11338, Mar. 27, 1967, 32 F.R. 5247; Ex. Ord. No. 11346, Apr. 20, 1967, 32 F.R. 6331; Ex. Ord. No. 11369, Aug. 29, 1967, 32 F. R. 12585; Ex. Ord. No. 11384, Dec. 1, 1967, 32 F.R. 17423; Ex. Ord. No. 11400, Mar. 11, 1968, 33 F.R. 4507; Ex. Ord. No. 11409, Apr. 29, 1968, 33 F.R. 6601; Ex. Ord. No. 11441, Dec. 23, 1968, 33 F.R. 19775; Ex. Ord. No. 11463, Apr. 1, 1969, 34 F.R. 6029; Ex. Ord. No. 11468, May 10, 1969, 34 F.R. 7641; Ex. Ord. No. 11499, Dec. 11, 1969, 34 F.R. 19645; Ex. Ord. No 11504, Jan. 14, 1970, 35 F.R. 579; Ex. Ord. No. 11510, Feb. 16, 1970, 35 F.R. 3105; Ex. Ord. No. 11516, Mar. 19, 1970, 35 F.R. 4935; Ex. Ord. No. 11540, July 1, 1970, 35 F.R. 10735; Ex. Ord. No. 11542, July 2, 1970, 35 F.R. 10943, and Ex. Ord. No. 11550, July 30, 1970, 35 F.R. 12315.

Administrator, Wage and Hour and Public Contracts Divisions, Department of Labor.

Assistant Director (Program Planning, Analysis, and Research), Office of Economic Opportunity.

Assistant General Managers, Atomic Energy Commission (2).

Assistant to the Secretary, Department of Commerce. Assistant to the Secretary and Deputy Secretary of Defense.

Associate Director (Policy and Plans), United States Information Agency.

Chief Benefits Director, Veterans' Administration. Commissioner, Federal Water Pollution Control Administration, Department of the Interior.

Commissioner of Labor Statistics, Department of Labor. Commissioner on Aging, Department of Health, Education, and Welfare.

Commissioner, Property Management and Disposal Service, General Services Administration.

Commissioner, Transportation and Communications Service, General Services Administration. Comptroller, Department of Health, Education, and

Welfare.

Counselor to the Department of Health, Education, and Welfare.

Deputy Administrator, Health Services and Mental Health Administration, Department of Health, Education, and Welfare.

Deputy Assistant Secretary for Model Cities, Department of Housing and Urban Development.

Deputy Assistant Postmaster General, Bureau of Operatiors, Post Office Department.

Deputy Assistant Secretary for Mortgage Credit, Department of Housing and Urban Development.

Deputy Commissioner of Social Security, Department of Health, Education, and Welfare.

Deputy Director, National Security Agency. Deputy Director of Defense Research and Engineering (Chemistry and Materials), Department of Defense. Deputy Director, United States Secret Service, Treasury Department.

Deputy Under Secretary, Department of Transportation. Director, Bureau of Land Management, Department of the Interior.

Director, Bureau of Outdoor Recreation, Department of the Interior.

Director, National Park Service, Department of the Interior.

Director, Urban Transportation Administration, Department of Housing and Urban Development.

Director of International Scientific Affairs, Department of State.

General Counsel, Veterans' Administration. Members, Equal Employment Opportunity Commission (4).

National Export Expansion Coordinator, Department of Commerce.

Principal Deputy Assistant Secretary of Defense (Comptroller), Department of Defense.

Principal Deputy Assistant Secretary of Defense (International Security Affairs), Department of Defense. Special Assistant to the Secretary for Policy Development, Department of Commerce.

Special Assistant to the Secretary of Defense.

Staff Director, Commission on Civil Rights. United States Attorney for the Northern District of Illinois.

United States Attorney for the Southern District of California.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 28 section 548.

SUBCHAPTER III.-GENERAL SCHEDULE PAY RATES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 3102, 3109, 3374, 4301, 5301, 5304, 5341, 5362, 5541, 5544, 5545, 7154 of this title and in title 2 sections 166, 353, 356; title 10 sections 4540, 7212, 9540; title 12 section 1701c; title 15 sections 78d, 78s, 80a-45, 327, 714g, 714h, 717q; title 16 sections 450jj-1, 470m, 793, 8251; title 20 sections 74, 751, 80g; title 21 section 113a; title 22 sections 280b, 2801, 280k, 2024, 2083, 2454, 2581; title 25 sections 305a, 640; title 28 sections 625, 626; title 38 section 4107; title 40 sections 13b, 166b-3, 609; title 41 section 104; title 42 sections 246, 1563, 1855f, 1873, 1962a-4, 2000e-4, 2000g, 2201, 2471, 2473, 4276, 4372; title 43 sections 316n, 1399; title 45 section 154; title 47 section 154; title 49 section 1441.

§ 5331. Definitions; application.

(a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by section 5102 of this title.

(b) This subchapter applies to employees and positions to which chapter 51 of this title applies. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467.)

HISTORICAL AND REVISION NOTES

The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5.102.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 sections 4540, 7212, 9540.

§ 5332. The General Schedule.

(a) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.

(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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90-83, § 1(18), Sept. 11, 1967, 81 Stat. 199; Pub. L. 90-206, title II, § 202(a), Dec. 16, 1967, 81 Stat. 624.)

Derivation

HISTORICAL AND REVISION NOTES

U.S. Code

1966 ACT

Revised Statutes and Statutes at Large Oct. 28, 1949, ch. 782, § 603 less (d)), 63 Stat. 965. Oct. 24, 1951, ch. 554, § 1(a), 65 Stat. 612.

Sept. 1, 1954, ch. 1208, § 109 (less (c)), 68 Stat. 1108. June 28, 1955, ch. 189, § 2(a), 69 Stat. 172. June 20, 1958, Pub. L. 85-462, § 2(a), 72 Stat. 203. July 1, 1960, Pub. L. 86-568, § 112(a), 74 Stat. 298. Oct. 11, 1962, Pub. L. 87-793, § 602(a), 76 Stat. 843. Aug. 14, 1964, Pub. L. 88-426, § 102(a), 78 Stat. 400.

In subsection (a), the words "the symbol for which is 'GS'" are added on authority of former section 1111 which is carried into section 5104. So much as related to the Crafts, Protective, and Custodial Schedule is omitted as repealed effective not later than Sept. 11, 1955, by the Act of Sept. 1, 1954, §§ 109 (b), 110(b), 68 Stat. 1108.

In subsection (b), reference to payment made on the basis of a "monthly" rate is omitted since section 5504(b), former section 944 (c), no longer provides for converting a basic annual rate to a basic monthly rate.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

AMENDMENTS 1967-Subsec. (a). Pub. L. 90-206 increased the compensation in each step of each grade.

EFFECTIVE DATE OF 1967 AMENDMENT Section 220(a)(2) of Pub. L. 90-206 provided, except as otherwise expressly provided, that: "Sections 202 [which amended this section and enacted provisions set out as a note under this section], 203 [which amended section 3301 of Title 39, The Postal Service], 204 [which enacted section 3512A of Title 39, amended sections 3512, and 3513-3531 of Title 39, and enacted provisions set out as a note under section 3512A of Title 39], 205 [which amended sections 3542-3544 of Title 39, and enacted provisions set out as notes under sections 3542, 3544, 3552, and 3560 of Title 39], 206 [which amended sections 3560, 3573, and 3575 of Title 39, and enacted provisions set out as a note under section 3542 of Title 39], 208 [which amended section 4107 of Title 38, Veterans' Benefits], 209 [which amended sections 867 and 870 of Title 22, Foreign Relations and Intercourse, and enacted provisions set out as a note under section 867 of Title 22], 210 [which enacted provisions set out as a note under section 590h of Title 16, Conservation], 211 [which enacted provisions set out as a note under this section and section 548 of Title 28, Judiciary and Judicial Procedure], 213 (except subsections (d) and (e)) [which enacted provisions set out as notes under sections 603, 604, and 753 of Title 281, 214 (except subsections (j), (k), (l), (n), and (0)) [which enacted sections 60e-14, 61-2, 74a-2, and 293c of Title 2, The Congress, amended section 166b-3 of Title 40, Public Buildings, Property and Works and enacted provisions set out as a note under section 8339 of this title], and 216 [which enacted provisions set out as a note under section 60e-14 of Title 2] shall become effective as of the beginning of the first pay period which began on or after October 1, 1967."

SHORT TITLE

Section 201 of Pub. L. 90-206 provided that: "This title [enacting sections 60e-14, 61-2, 74a-2, 293c, and 351-361 of Title 2, sections 3110, 5733, and 5345 of this title, and section 3512A of Title 39, amending this section and sections 4101, 5303, 5314, 5315, 5316, 5533, 5542, 5544, 5545, and 8339 of this title, sections 60j, 61-1, 136a, and 136a-1 of Title 2, section 102 note of Title 3, sections 867 and 870 of Title 22, sections 603 and 792 of Title 28, sections 42a and 51a of Title 31, section 4107 of Title 38, sections 3301, 3512, 3513-3531, 3542, 3543, 3544, 3560, 3571, 3573, and 3575 of Title 39, sections 162a, 166b, 166b-1, and 166b-3 of Title 40, and section 39a of Title 44, and enacting provisions set out as notes under this section and sections 3110, 5301, 5542, and 8339 of this title, section 60e-14 of Title 2, section 590h of Title 16, section 867 of Title 22, sections 548, 603, 604, and 753 of Title 28, and sections 3512A, 3542, 3544, 3552, and 3560 of Title 39] may be cited as the 'Federal Salary Act of 1967'."

1970 INCREASE IN PAY RATES

Pub. L. 91-231, Apr. 15, 1970, 84 Stat. 195, provided that: "Sec. 1. [Short Title]. This Act may be cited as the 'Federal Employees Salary Act of 1970'."

"Sec. 2. [Adjustment of Pay Rates]. (a) (1) The President shall increase the rates of basic pay, basic compensation, and salaries (as such rates were increased by Executive Order Numbered 11474, dated June 16, 1969) [set out as a note under this section] contained in the schedules listed in paragraph (2) of this subsection by amounts equal, as nearly as may be practicable and with regard to maintaining approximately equal increments within any grade, level, or class of any such schedule, to 6 percent.

"(2) The schedules referred to in paragraph (1) of this subsection are as follows: the General Schedule contained in section 5332(a) of title 5, United States Code [subsec. (a) of this section]; the Postal Field Service Schedule and the Rural Carrier Schedule contained in sections 3542 (a) and 3543 (a), respectively, of title 39, United States Code; the schedules relating to certain positions within the Department of Medicine and Surgery of the Veterans' Administration and contained in section 4107 of title 38, United States Code; and the Foreign Service schedules

contained in sections 412 and 415 of the Foreign Service Act of 1946 [sections 867 and 870, respectively, of Title 22, Foreign Relations and Intercourse].

"(b) Rates of basic pay, basic compensation, and salaries of officers and employees paid under the schedules referred to in subsection (a) of this section shall be increased initially under conversion rules prescribed by the President or by such agency as the President may designate.

"(c) The increases made by the President under this section shall have the force and effect of law and shall be printed in (1) the Statutes at Large in the same volume as public laws, (2) the Federal Register, and (3) the Code of Federal Regulations.

"Sec. 3. [Employees of ASCS County Committees, Legislative and Judicial Branches; United States Attorneys: Salaries Fixed by Administrative Action]. (a) The rates of pay of personnel subject to sections 210 and 214 of the Federal Salary Act of 1967 (81 Stat. 633, 635; Public Law 90-206) [which, respectively, were set out as a note under section 590h of Title 16, Conservation, and amended sections 60e-14, 60j, 61-1, 61-2, 74a-2, 84-1, 84-2, and 293c of Title 2, The Congress, sections 5533 and 8339 note of this title, and section 166b-3 of Title 40, Public Buildings, Property, and Works], relating to Agricultural Stabilization and Conservation County Committee employees and to certain employees of the legislative branch of the Government, respectively, and any minimum or maximum rate, limitation, or allowance applicable to any such personnel, shall be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts which are identical, insofar as practicable, to the amounts of the adjustments under section 2 of this Act for corresponding rates of pay for employees subject to the General Schedule, by the following authorities

"(1) the Secretary of Agriculture, with respect to individuals employed by the county committees established under section 590h (b) of title 16;

"(2) the President pro tempore of the Senate, with respect to the United States Senate;

"(3) the Finance Clerk of the House of Representatives, with respect to the United States House of Representatives; and

"(4) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol.

The provisions of this section shall not be construed to allow adjustments in the rates of pay of the following officers of the United States House of Representatives: Parliamentarian, Chaplain, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor Assistants to the Minority whose position titles formerly were Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and Minority Postmaster.

"(b) Notwithstanding section 665 of title 31, the rates of pay of employees in and under the judicial branch of the Government, whose rates of pay are fixed by administrative action pursuant to law and are not otherwise adjusted under this section may be adjusted, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the amounts of the adjustments under section 2(a) of this Act for corresponding rates of pay. The limitations fixed by law with respect to the aggregate salaries payable to secretaries and law clerks of circuit and district judges shall be adjusted, effective on the first day of the first pay period which begins on or after the date on which adjustments become effective under this section, by amounts not to exceed the amounts of the adjustments under this section for corresponding rates of pay.

"(c) The rates of pay of the United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to section 548 of title 28, United States Code, shall be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of this Act for corresponding rates of pay.

"(d) Notwithstanding section 665 of title 31, the rates of pay of employees of the Federal Government and of the government of the District of Columbia whose rates of

pay are fixed by administrative action pursuant to law and are not otherwise increased pursuant to this section are hereby authorized to be increased, effective on the first day of the first pay period which begins on or after December 27, 1969, by amounts not to exceed the increases provided pursuant to section 2 of this Act for corresponding rates of pay in the appropriate schedule or scale of pay.

"Sec. 4. [Stop Increases; Administrative Action; Level V Limitations]. (a) An increase in pay, compensation, or salary which becomes effective under section 2 of this Act is not an equivalent increase in pay within the meaning of section 5335 of title 5, United States Code, or section 3552 of title 39, United States Code.

"(b) Nothing in this Act shall impair any authority pursuant to which rates of pay, compensation, or salary may be fixed by administrative action.

"(c) Notwithstanding any provisions other than section 6 of this Act

"(1) any officer or employee of the United States Government receiving pay, compensation, or salary which is less than the basic pay for level V of the Executive Schedule in section 5316 of title 5, United States Code, in effect on the date of enactment of this Act [Apr. 15, 1970], shall not have his pay, compensation, or salary increased, by reason of the enactment of this Act, to a rate in excess of the basic pay for such level V; and

"(2) any officer or employee of the United States Government receiving pay, compensation, or salary equal to or in excess of the basic pay for such level V shall not have his pay, compensation, or salary increased.

"Sec. 5. [Retroactive Pay]. (a) Retroactive pay, compensation, or salary shall be paid by reason of this Act only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this Act [Apr. 15, 1970], except that such retroactive pay, compensation, or salary shall be paid

"(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act (Apr. 15, 1970], for services rendered during such period: and

"(2) in accordance with subchapter VIII of chapter 55 of title 5, United States Code, relating to settlement of accounts, for services rendered, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act [Apr. 15, 1970], by an officer or employee who died during such period. Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, or any other retirement law or retirement system, in the case of any such retired or deceased officer or employee.

"(b) For the purposes of this section. service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the United States Government or the municipal government of the District of Columbia.

"Sec. 6. [District of Columbia Judges; Board of Tax Appeals]. [Section amended sections 11-702 (d), 11-902 (d), and 47-2402 of the District of Columbia Code and is therefore not set out herein.]

"Sec. 7. [Former Presidents' Staffs] [Section amended section 1(b) of Pub. L. 85-745, Aug. 25, 1958, 72 Stat. 838, as amended, which is set out as a note under section 102 of Title 3, The President. This section is therefore not set out herein.]

"Sec. 8. [Premium Pay]. [Section amended section 5545 (c) (2) of this title, and is therefore not set out herein.] "Sec. 9. [Effective Date]. (a) Sections 1 to 6, inclusive, of this Act shall become effective on the first day of the

first pay period which begins on or after December 27, 1969.

"(b) This section and sections 7 and 8 of this Act shall become effective on the date of enactment of this Act [Apr. 15, 1970].

"(c) For purposes of determining the amount of insurance for which an individual is eligible under chapter 87 of title 5, United States Code, relating to group life insurance for Government employees, all changes in rates of pay, compensation, and salary which result from the enactment of this Act shall be held an considered to become effective as of the date of such enactment [Apr. 15, 1970]. "(d) Any deduction to be made as the result of the enactment of this Act from the pay, compensation, or salary of an officer or employee enrolled in a retirement system of the United States Government, and the contribution of the agency employing the officer or employee, shall be made at the rates of deductions and contributions in effect for that system on the date of such enactment (Apr. 15, 1970]."

INITIAL ADJUSTMENT OF 1967 PAY INCREASES Section 202(b) of Pub. L. 90-206 provided that: "Except section as provided in 5303 of title 5. United States Code [section 5303 of this title], the rates of basic pay of officers and employees to whom the General Schedule set forth in the amendment made by subsection (a) of this section [amending this section] applies shall be initially adjusted as of the effective date of this section, as follows:

section

"(1) If the officer or employee is receiving basic pay immediately prior to the effective date of this [see Effective Date of 1967 Amendment note under this section] at one of the rates of a grade in the General Schedule, he shall receive a rate of basic pay at the corresponding rate in effect on and after such date. "(2) If the officer or employee is receiving basic pay immediately prior to the effective date of this [see Effective Date of 1967 Amendment note under this section] at a rate between two rates of a grade in the General Schedule, he shall receive a rate of basic pay at the higher of the two corresponding rates in effect

on and after such date.

section

section

"(3) If the officer or employee is receiving basic pay immediately prior to the effective date of this [see Effective Date of 1967 Amendment note under this section] at a rate in excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his existing rate of basic pay increased by 4.5 per centum, rounded to the next highest dollar, if such existing rate as so increased is higher.

Act of

date of

"(4) If the officer or employee, immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section], is receiving, pursuant to section 2(b) (4) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of pay determined under section 208(b) of the September 1, 1954 (68 Stat. 1111), plus subsequent increases authorized by law, he shall receive an aggregate rate of pay equal to the sum of his existing aggregate rate of pay on the day preceding the effective this section. plus the amount of increase made by this section in the maximum rate of his grade, until (1) he leaves his position, or (ii) he is entitled to receive aggregate pay at a higher rate by reason of the operation of this Act or any other provision of law; but, when such position becomes vacant, the aggregate rate of pay of any subsequent appointee thereto shall be xed in accordance with applicable provisions of law. Subject to clauses (1) and (ii) of the immediately preceeding sentence of this subparagraph, the amount of crease provided by this section shall be held and considered for the purposes of section 208(b) of the Act of September 1, 1954, to constitute a part of the existing rate of pay of the emplovee.

the in

"(5) If the officer or employee, at any time during the period beginning on the effective date of this section [see Effective Date of 1967 Amendment note under this section], and ending on the date of enactment of this title [Dec. 16, 1967], was promoted from one grade under the General Schedule contained in section 5332