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5 U.S.C. § 5101 — Purpose
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim), and the various classes will be so described in published standards, as provided by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5105&num=0&edition=prelim), that the resulting position-classification system can be used in all phases of personnel administration.
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Stable record: federal_law:legal_authorities:record_usc_cc5f6c5e86b8f617ebfb386c
Source file: Laws/federal/codes/united-states-code/title-5/section-5101-purpose--6ea92a0094.md
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Source location: Title 5, Chapter 51, § 5101; chapter-051-classification.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim), and the various classes will be so described in published standards, as provided by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5105&num=0&edition=prelim), that the resulting position-classification system can be used in all phases of personnel administration.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 Publishing 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;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies to—
(1) positions that are classified above GS–15 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 GS–15 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 reaso
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5376
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Federal law — U.S. Code and appendices · legal_authorities
**(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 ⅕ 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 le
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5105
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Federal law — U.S. Code and appendices · legal_authorities
Page 500
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5101
(f) This section shall be administered con-
sistent with merit system principles.
(Added Pub. L. 107–123, § 8(a), Jan. 16, 2002, 115
Stat. 2398.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 2001, see section 11 of Pub. L.
107–123, set out as an Effective Date of 2002 Amendment
note under section 78ee of Title 15, Commerce and
Trade.
EMPLOYEES REPRESENTED BY LABOR ORGANIZATIONS
Pub. L. 107–123, § 8(b), Jan. 16, 2002, 115 Stat. 2398, pro-
vided that: ‘‘To the extent that any employee of the Se-
curities and Exchange Commission is represented by a
labor organization with exclusive recognition in ac-
cordance with chapter 71 of title 5, United States Code,
no reduction in base pay of such employee shall be
made by reason of enactment of this section [enacting
this chapter, amending sections 3132 and 5373 of this
title, section 1833b of Title 12, Banks and Banking, and
section 78d of Title 15, Commerce and Trade, and enact-
ing provisions set out as a note under this section] (in-
cluding the amendments made by this section).’’
IMPLEMENTATION PLAN AND REPORT
Pub. L. 107–123, § 8(c), Jan. 16, 2002, 115 Stat. 2398, pro-
vided that:
‘‘(1) IMPLEMENTATION PLAN.—
‘‘(A) IN
GENERAL.—The Securities and Exchange
Commission shall develop a plan to implement sec-
tion 4802 of title 5, United States Code, as added by
this section.
‘‘(B) INCLUSION IN ANNUAL PERFORMANCE PLAN AND
REPORT.—The Securities and Exchange Commission
shall include—
‘‘(i) the plan developed under this paragraph in
the annual program performance plan submitted
under section 1115 of title 31, United States Code;
and
‘‘(ii) the effects of implementing the plan devel-
oped under this paragraph in
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5101
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