Extension of Locality Payments to Non-General Schedule Employees

Tuesday, December 5, 2000 MEMORANDUM FOR: Heads Of Executive Departments And Agencies FROM: Janice R. Lachance Director Subject: Extension of Locality Payments to Non-General Schedule Employees

On December 7, 1999, the President's Pay Agent extended locality-based comparability payments to certain categories of non-General Schedule employees. As required by law, the 2000 locality payments that were extended to these employees will remain in effect through the last day of the last pay period commencing during calendar year 2000. The President's Pay Agent has decided to extend the 2001 locality-based comparability payments again to the same Governmentwide and single-agency categories that were authorized to receive the 2000 locality payments. Locality payments will be extended to the Governmentwide categories with no further action required by any agency. Locality payments will be extended to the single-agency categories without any further action required by any agency unless the head of an executive agency requests otherwise. This is because the law (5 U.S.C. 5304(h)(2)(A)) provides that locality payments may be extended to single-agency categories of employees only at the request of the head of an executive agency. Please notify the Director of the Office of Personnel Management (at the address shown later in this memorandum) by December 15, 2000, if you do not want the 2001 locality payments extended to a single-agency employee category in your agency for which such payments were previously authorized by the Pay Agent. Please note that a decision not to extend the 2001 comparability payments to a category of employees means that those employees would no longer be entitled to any locality payment. The law does not permit the Pay Agent to deny only that portion of the locality payment attributable to the 2001 increase in locality pay. All employees in a given locality pay area who receive locality payments must receive the same percentage as received by General Schedule employees in that area in 2001. (For your convenience, a list of the Governmentwide and single-agency categories that are now receiving locality payments under the Pay Agent's authority is provided in the attachments to this memorandum.) New requests for extending locality-based comparability payments to single-agency categories of non-General Schedule employees should be submitted by the agency head or his or her designee to the following address by December 15, 2000, to ensure that the extension takes effect on the first day of the first pay period beginning on or after January 1, 2001:

2 Janice R. Lachance Director Office of Personnel Management 1900 E Street NW. Washington, DC 20415-0001 In your request, please include information on-(1) the legal authority under which the employees are paid, (2) the types of employees to be paid, and (3) the number of employees to be paid. Also, please fax a copy of your request to (202) 606-0824. Please direct questions about the extension of locality-based comparability payments to Brenda Roberts, of OPM's Workforce Compensation and Performance Service, at (202) 606-2858 or email to payleave@opm.gov. For the President's Pay Agent: Janice R. Lachance, Director Office of Personnel Management Attachments: • • To Attachment 1 GOVERNMENTWIDE CATEGORIES OF NON-GENERAL SCHEDULE EMPLOYEES To Attachment 2 LOCALITY PAY EXTENSIONS SINGLE-AGENCY CATEGORIES OF NON-GENERAL SCHEDULE EMPLOYEES GOVERNMENTWIDE CATEGORIES OF NON-GENERAL SCHEDULE EMPLOYEES 1. Employees in Senior Executive Service (SES) positions paid under 5 U.S.C. 5382 2. Administrative law judges (ALJs) paid under 5 U.S.C. 5372 3. Members of Boards of Contract Appeals (BCA) paid under 5 U.S.C. 5372a 4. Senior-level (SL) and scientific or professional (ST) positions paid under 5 U.S.C. 5376 5. Members of the Foreign Service (FS) paid under 22 U.S.C. 3963 6. Members of the Senior Foreign Service (SFS) paid under 22 U.S.C. 3962 LOCALITY PAY EXTENSIONS SINGLE-AGENCY CATEGORIES OF NONGENERAL SCHEDULE EMPLOYEES Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Agency for International Development 22 U.S.C. 2385 [AD] Miscellaneous types of positions [66] Jan. 7, 1994 22 U.S.C. 2386 [EE, EG] Experts and consultants under the Foreign Assistance Act [15] Jan. 7, 1994 5 U.S.C. 3109 [ED, EF] Experts and consultants [15] Jan. 7, 1994

5 CFR 213.3102(l) [EG] Temporary, intermittent, and seasonal employees [1] Feb. 9, 1994 5 U.S.C. 3109 [ED, EF] Experts and consultants [3] Feb. 9, 1994 American Battle Monuments Commission 36 U.S.C. 121 [AD] Secretary of the American Battle Monuments Commission [1] Nov. 25, 1996 Commerce 35 U.S.C. 3(c) [AD] Examiners-in-chief on the Board of Patent Appeals and Interferences [8] Jan. 4, 1994 35 U.S.C. 3(e) [AD] Attorney examiners (trademark) on the Trademark Trial & Appeal Board [48] Jan. 4, 1994 42 U.S.C. 12651f(b)(1) [NX] Senior level equivalent employees in pay band NX-2 of CNS’ alternative personnel system [9] June 15, 1995 Agriculture Corporation for National Service 2 Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Defense 10 U.S.C. 1595 [AD] National Defense University Directors, Deans, and Professors [72] Jan. 3, 1997 10 U.S.C. 4021 [AD] United States Army Command and General Staff College Civilian Staff and Faculty [5] Jan. 3, 1997 10 U.S.C. 4331 and 4338 [AD] United States Army Military Academy Civilian Staff and Faculty [97] Jan. 3, 1997 10 U.S.C. 6952 [AD] United States Naval Academy Civilian Faculty [322] Jan. 3, 1997 10 U.S.C. 7043 [AD] Naval Postgraduate School Academic Dean [1] Jan. 3, 1997 10 U.S.C. 7044 [AD] Naval Postgraduate School Civilian Faculty [322] Jan. 3, 1997 10 U.S.C. 7478 [AD] Naval War College Faculty [52] Jan. 3, 1997 10 U.S.C. 7478 [AD] United States Marine Corps Command and Staff College Civilian Faculty [14] Jan. 3, 1997 10 U.S.C. 9021 [AD] Air University Civilian Faculty [30] Jan. 3, 1997 10 U.S.C. 9314 [AD] Air Force Institute of Technology Civilian Faculty [114] Jan. 3, 1997 10 U.S.C. 9338 [AD] United States Air Force Academy Civilian Faculty [77] Jan. 3, 1997 10 U.S.C. 1746 [AD] Defense Acquisition University Faculty [305] April 12, 2000

Sec. 1101 of PL 105-261 Defense Advanced Research Projects Agency (DARPA) Experimental Personnel Management Program [20] July 28, 2000 3 Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Defense Nuclear Facilities Safety Board Section 161d of the Atomic Energy Act of 1954 (Public Law 101510) [DN] Professional scientific and technical personnel [59] Dec. 30, 1996 Energy 42 U.S.C. 7231(d) [EJ] Scientific, engineering, professional, and administrative employees [200] Dec. 30, 1994 P.L. 103-337 [EK] Scientific, engineering, and technical employees [200] Dec. 30, 1994 P.L. 92-463 [EI] Miscellaneous types of positions [14] Dec. 30, 1994 5 U.S.C. 3109 & 42 U.S.C. 7233 [ED, EF] Experts and consultants [105] Dec. 30, 1994 Environmental Protection Agency P.L. 95-190 [AD] Miscellaneous types of positions [19] Jan. 4, 1994 Export-Import Bank P.L. 102-583 [AD] Miscellaneous types of positions [35] Jan. 24, 1994 General Services Administration 5 U.S.C. 3109 [ED, EF ] Experts and consultants [10] June 7, 1999 Interior title 4 of D.C. Code [SP] United States Park Police [620] Aug. 10, 1998 Justice 5 U.S.C. 3151 [ES] Members of the FBI and DEA SES [232] Jan. 4, 1994 Section 371(a) of Public Law 104-208 and 8 U.S.C. 1101(b)(4) [IJ] Immigration judges [200] Dec. 29, 1996 (Note: Immigration judges are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative extension. See section 371(c)(2)(B) of Public Law 104208, September 30, 1996.) 4 Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Labor P.L. 103-227 [AD] Executive Director and other staff members of the National Skills Standards Board [6] Apr. 22, 1996 National Archives 44 U.S.C. 2102 Note [AD] Director of the Center for Legislative Archives [1] July 15, 1994

44 U.S.C. 2503(a) [AD] Executive Director, National Historical Publications and Records Commission [1] July 15, 1994 42 U.S.C. 1873(a)(1) [AD, EE, EG] Professional and technical employees, experts and consultants [264] Jan. 4, 1994 5 U.S.C. 3109 [ED, EF] Experts and consultants [1] Mar. 22, 1994 Nuclear Regulatory Commission Atomic Energy Act of 1954 & Energy Reorganization Act of 1974 [SN, AJ] Senior Level employees [41] and Administrative Judges [12] Jan. 4, 1994 Office of Independent Counsel (Arlin M. Adams/ Larry D. Thompson) 28 U.S.C. 594(c) [no OPM pay plan] Miscellaneous types of positions [28] Mar. 7, 1994 Office of Personnel Management 5 U.S.C. 3109 [EF, ED, EH] Experts and consultants [2] Jan. 7, 1994 Overseas Private Investment Corporation section 233(d) of the Foreign Assistance Act of 1961 [AD] Miscellaneous types of positions [20] Jan. 31, 1996 Peace Corps 22 U.S.C. 2506(a)(2) [AD] Miscellaneous types of positions [83] Jan. 7, 1994 5 U.S.C. 3109 [EE] Experts and consultants [34] Jan. 7, 1994 National Science Foundation 5 Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Securities and Exchange Commission section 203 of the Securities Litigation Uniform Standards Act of 1998 [EZ] Economists [15] Dec. 23, 1998 Small Business Administration P.L. 96-382 [AD] Miscellaneous types of positions [34] Jan. 4, 1994 5 U.S.C. 3109 [ED, EF] Experts and consultants [1] Dec. 30, 1994 Smithsonian 5 U.S.C. 5375 Members of the police force of the National Zoological Park [13] Jan. 7, 1994 Social Security Administration 42 U.S.C. 903(i) [AD] Staff Director of the Social Security Advisory Board [1] Feb. 20, 1998 State 22 U.S.C. 1474(l) [GG] Non-U.S. citizen employees [307] Jan. 4, 1994 22 U.S.C. 4204 [GG] Employees at the National Foreign Affairs Training Center [350] Jan. 7, 1994

22 U.S.C. 287 [GG] Employees at the U.S. Mission to the United Nations [58] Jan. 7, 1994 22 U.S.C. 287 [AD] Miscellaneous types of positions [12] Jan. 7, 1994 5 U.S.C. 3109 [ED, EF] Experts and consultants [50] Jan. 7, 1994 6 Agency Pay Authority [pay plan code] Types of Employees [number of employees] Original Approval Date Treasury 5 U.S.C. 5378 [TR] Members of the police forces in the Bureau of Engraving and Printing and Bureau of the Mint [377] Jan. 31, 1994 Title 4 of the D.C. code [LE] Uniformed Division of the U.S. Secret Service [1095] Jan. 31, 1994 (Note: Uniformed Division officers are entitled to locality pay under 5 U.S.C. 5304 by law, not by administrative extension. See section 4-416(c)(3) of the D.C. Code, as amended by section 118 of Public Law 105-61, October 10, 1997.) U.S. Trade and Development Agency Section 661(c)(2)(C) of the Foreign Assistance Act of 1961 [AD] Miscellaneous types of positions [2] Dec. 9, 1998 Veterans Affairs 38 U.S.C. 7404(b)(1) [VN] Physician assistants, optometrists, podiatrists, and expanded-function dental auxiliaries [1,139] Jan. 4, 1994 38 U.S.C. 7405(b)(2) [AD] Medical support personnel, trainees, and students [631] Jan. 4, 1994 38 U.S.C. 7404(a) [SR] Non-physician, non-dentist, and non-nurse employees [4] April 5, 1994 38 U.S.C. 7101A [AL] Members of the Board of Veteran's Appeals [53] Dec. 30, 1994