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5 U.S.C. § 5377 — Pay authority for critical positions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) the term “agency” has the meaning given it by section 5102; and
(2) the term “position” means—
(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104;
(F) a position in a category as to which a designation is in effect under subsection (i); and
(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).
**(b)** Authority under this section—
(1) may be granted or exercised only with respect to a position—
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agency’s successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
**(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
**(d)**
(1) The rate of basic pay fixed under this section by an agency head may not be less than the r
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Stable record: federal_law:legal_authorities:record_usc_309e10de3e747fabd59f2f77
Source file: Laws/federal/codes/united-states-code/title-5/section-5377-pay-authority-for-critical-positions--f0c642b327.md
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Source location: Title 5, Chapter 53, § 5377; chapter-053-pay-rates-and-systems.md
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**(a)** For the purpose of this section—
(1) the term “agency” has the meaning given it by section 5102; and
(2) the term “position” means—
(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104;
(F) a position in a category as to which a designation is in effect under subsection (i); and
(G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation).
**(b)** Authority under this section—
(1) may be granted or exercised only with respect to a position—
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agency’s successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
**(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
**(d)**
(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted.
(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
**(e)** The authority to fix the rate of basic pay under this section for a position shall terminate—
(1) whenever the Office of Personnel Management determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
**(f)** The Office of Personnel Management may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
**(g)** The Office of Personnel Management shall consult with the Office of Management and Budget before making any decision to grant or terminate any authority under this section.
**(h)** The Office of Personnel Management shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include—
(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and
(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on 11 So in original. Probably should be “or”. rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
**(i)**
(1) For the purpose of this subsection, the term “position” means the work, consisting of the duties and responsibilities, assignable to an employee, except that such term does not include any position under subsection (a)(2)(A)–(E).
(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).
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Federal law — U.S. Code and appendices · legal_authorities
Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section.
(2) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee’s annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee’s annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s annual rate of basic pay.
**(b)**
(1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee.
(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12, chapter 71, or any of the laws referred to in section 2302(d).
**(c)** The Office of Personnel Management shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b).
**(d)** The preceding provisions of this section shall be applicable with respect to any employee to whom subchapter III of chapter 53 applies, and to any category of employees provided for under subsection (e).
**(e)** At the request of the head of an Executive agency, the President may authorize the application of subsections (a) through (c) with respect to any category of employees within such agency who would not otherwise be covered by this se
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4505a
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recruitment and Relocation Bonuses.—** The Secretary may pay a recruitment or relocation bonus under [section 5753(e) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5753/e&num=0&edition=prelim) without regard to any requirements for certification or approval under that section.
**(b) Retention Bonuses.—**
(1) The Secretary may pay a retention bonus under [section 5754(f) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754/f&num=0&edition=prelim) without regard to any requirement for certification or approval under that subsection.
(2) The Secretary may pay a retention bonus as specified in subsection (e)(2) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim) and may pay the bonus as a single lump-sum payment at the beginning of the full period of service required by an agreement under subsection (d) of such section.
**(c) Merit Awards.—** The Secretary may grant a cash award under [section 4502(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4502/b&num=0&edition=prelim) without regard to any requirement for certification or approval under that section.
**(d) Incentives for Critical Skills.—**
(1) Subject to the provisions of this paragraph, the Secretary may provide a critical skill incentive to an employee in a case in which the Secretary determines—
(A) the employee possesses a high-demand skill or skill that is at a shortage;
(B) such skill is directly related to the duties and responsibilities of the employee’s position; and
(C) employment of an individual with such skill in such position serves a critical mission-related need of the Department.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The annual rates or ranges of rates of basic pay for positions provided in section 11 So in original. Probably should be “sections”. 7306 and 7401(4) of this title shall be prescribed from time to time by Executive order as authorized by chapter 53 of title 5 or as otherwise authorized by law.
(B) [Section 5377 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377&num=0&edition=prelim) shall apply to a position under section 7306 or 7401(4) of this title as if such position were included in the definition of “position” in [section 5377(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377/a&num=0&edition=prelim).
(2)
(A) The pay of physicians, podiatrists, optometrists, and dentists serving in positions to which an Executive order applies under paragraph (1) shall be determined under subchapter III of this chapter instead of such Executive order.
(B) The basic pay of registered nurses and physician assistants serving in positions to which an Executive order applies under paragraph (1) may be determined under subchapter IV of this chapter instead of such Executive order. Such positions shall not otherwise be covered by such subchapter, except with respect to bonuses under section 7452 or 7458 or special pay under subsection (g) of such section 7452.
(3)
(A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) as if such position were a Senior Executive Service position (as such term is defined in [section 3132(a) of title 5](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7404
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–510, div. A, title XII, § 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay authority for critical positions. See [section 5377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377&num=0&edition=prelim). Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(1), and provided that this title shall read as if section 1206(i)(1) had not been enacted.
Pub. L. 101–510, § 1206(i)(3), provided that (A) unless [section 5380 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5380&num=0&edition=prelim) did not take effect as provided in subpar. (B), such section would cease to be in effect on the earlier of Oct. 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990 [Nov. 5, 1990], and (B) [section 5380 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5380&num=0&edition=prelim) would not take effect if the Federal Employees Pay Comparability Act of 1990 [Pub. L. 101–509] was enacted before the date of the enactment of this Act [Nov. 5, 1990]. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(3), and provided that this title shall read as if section 1206(i)(3) had not been enacted.
#### Effective Date of Repeal
Repeal effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5380
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Federal law — U.S. Code and appendices · legal_authorities
Page 623
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5377
1 So in original. Probably should be ‘‘or’’.
under the General Schedule, shall be considered a
reference to the maximum rate payable under sec-
tion 5376 of such title (as amended by section
102(a));
‘‘(ii) to the minimum rate of pay for grade GS–16
of the General Schedule shall be considered a ref-
erence to the minimum rate payable under section
5376 of such title (as amended by section 102(a)); and
‘‘(iii) to a rate of pay for grade GS–16 or 17 of the
General Schedule shall (except as provided in
clause (ii)) be considered a reference to a rate of
pay for a position classified above GS–15 pursuant
to section 5108 of such title (as amended by section
102(b)(2)); and
‘‘(B) to a rate of pay under the General Schedule
shall not include any comparability payment pay-
able under section 5304 of such title (as amended by
this section) or any geographic adjustment payable
under section 302 [section 529 [title III, § 302] of Pub.
L. 101–509, set out as a note under section 5304 of
this title]; and
‘‘(2) any authority granted by a provision of law
(which is outside such title, and in effect imme-
diately before this section takes effect) to fix pay in
accordance with chapter 51 and subchapter III of
chapter 53 of such title—
‘‘(A) shall not be considered to include any au-
thority under section 5304 of such title (as amended
by this section) or section 302; but
‘‘(B) shall be considered to include authority
under section 5376 of such title (as amended by sec-
tion 102(a)), if applicable.
‘‘(d) REGULATIONS.—The Office of Personnel Manage-
ment may prescribe regulations, consistent with sub-
section (c)(1)(B) and section 303 [section 529 [title III,
§ 303] of Pub. L. 101–509, set out as a not
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5377
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