5 U.S.C. § 5375 — Police force of the National Zoological

Page 621 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5375 EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. § 5374. Miscellaneous positions in the executive branch 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 Employ- ees 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 sub- chapter 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 Of- fice of Personnel Management and publish a no- tice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the inter- est of national security. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5364; renumbered § 5374 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes 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 ‘‘posi- tion’’. The words ‘‘before August 14, 1964’’ are sub- stituted 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 defini- tions 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 Re- form Act of 1964, referred to in text, means section 305 of Pub. L. 88–426, Aug. 14, 1964. For complete classifica- tion 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 Commis- sion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 906(a)(2) of Pub. L. 95–454 ef- fective 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. § 5375. Police force of the National Zoological Park The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for posi- tions on the police force of the National Zoolog- ical Park as follows: (1) Private, not more than the maximum an- nual rate of basic pay payable for grade GS–7 of the General Schedule. (2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8 of the General Schedule. (3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule. (4) Captain, not more than the maximum an- nual rate of basic pay payable for grade GS–10 of the General Schedule. (Added Pub. L. 91–34, § 1(a), June 30, 1969, 83 Stat. 41, § 5365; amended Pub. L. 94–183, § 2(20), Dec. 31, 1975, 89 Stat. 1058; renumbered § 5375, Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221; Pub. L. 101–263, § 1(a), Apr. 4, 1990, 104 Stat. 125; Pub. L. 102–378, § 2(33), Oct. 2, 1992, 106 Stat. 1350.) Editorial Notes REFERENCES IN TEXT General Schedule, referred to in text, is set out under section 5332 of this title. AMENDMENTS 1992—Par. (2). Pub. L. 102–378 substituted ‘‘GS–8’’ for ‘‘GS–8,’’. 1990—Pub. L. 101–263 inserted ‘‘the’’ before ‘‘National’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Smithsonian Institution shall fix the per annum rates of basic pay of positions on the police force of the National Zoological Park in accordance with the fol- lowing provisions: ‘‘(1) Private—not more than the rate for GS–7, Step 5; ‘‘(2) Sergeant—not more than the rate for GS–8, Step 5; ‘‘(3) Lieutenant—not more than the rate for GS–9, Step 5; ‘‘(4) Captain—not more than the rate for GS–10, Step 5.’’ 1975—Pub. L. 94–183 struck out designation ‘‘(a)’’ at beginning. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–263, § 2, Apr. 4, 1990, 104 Stat. 125, provided that: ‘‘The amendments made by section 1 [amending this section] shall apply with respect to pay periods be- ginning after the date of the enactment of this Act [Apr. 4, 1990].’’ EFFECTIVE DATE Pub. L. 91–34, § 3(a), June 30, 1969, 83 Stat. 41, provided that: ‘‘The foregoing provisions of this Act [enacting this section and amending sections 5102 and 5109 of this title and section 193n of former Title 40, Public Build- ings, Property, and Works] shall become effective at the beginning of the first pay period which commences on or after the date of enactment of this Act [June 30, 1969].’’ Page 622 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5376 REDUCTION OF BASIC PAY RATE Pub. L. 91–34, § 3(b), June 30, 1969, 83 Stat. 41, provided that: ‘‘No rate of basic pay shall be reduced by reason of the enactment of this Act [enacting this section and amending sections 5102 and 5109 of this title and section 193n of former Title 40, Public Buildings, Property, and Works].’’ § 5376. Pay for certain senior-level positions (a) This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions estab- lished 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 In- vestigation and Drug Enforcement Adminis- tration Senior Executive Service under sec- tion 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 Gen- eral 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 limita- tion of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period com- mencing on or after the first day of the month in which an adjustment takes effect under sec- tion 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 per- formance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on rel- ative 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 reason of transfer from an agency with an ap- plicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under para- graph (1)(B). (Added Pub. L. 101–509, title V, § 529 [title I, § 102(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1443; amended Pub. L. 110–372, § 2(b), Oct. 8, 2008, 122 Stat. 4044.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (b), is set out under section 5332 of this title. Levels II and III of the Executive Schedule, referred to in subsec. (b), are set out in sections 5313 and 5314 of this title, respectively. AMENDMENTS 2008—Subsec. (b)(1)(B). Pub. L. 110–372, § 2(b)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘not greater than the rate of basic pay payable for level IV of the Executive Schedule.’’. Subsec. (b)(3), (4). Pub. L. 110–372, § 2(b)(2), added pars. (3) and (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–372, § 2(d), Oct. 8, 2008, 122 Stat. 4044, pro- vided that: ‘‘(1) EFFECTIVE DATE.—The amendments made by this section [amending this section and sections 3104, 3324, 3325, 5108 and 5304 of this title] shall take effect on the first day of the first pay period beginning on or after the 180th day following the date of enactment of this Act [Oct. 8, 2008]. ‘‘(2) NO REDUCTIONS IN RATES OF PAY.— ‘‘(A) IN GENERAL.—The amendments made by this section may not result, at the time such amendments take effect, in a reduction in the rate of basic pay for an individual holding a position to which section 5376 of title 5, United States Code, applies. ‘‘(B) DETERMINATION OF RATE OF PAY.—For the pur- poses of subparagraph (A), the rate of basic pay for an individual described in that subparagraph shall be deemed to be the rate of basic pay set for the indi- vidual under section 5376 of title 5, United States Code, plus any applicable locality pay paid to that in- dividual on the day before the effective date under paragraph (1), subject to regulations that the Direc- tor of the Office of Personnel Management may pre- scribe. ‘‘(3) REFERENCES TO MAXIMUM RATES.—Except as oth- erwise provided by law, any reference in a provision of law to the maximum rate under section 5376 of title 5, United States Code— ‘‘(A) as provided before the effective date of the amendments made by this section, shall be consid- ered a reference to the rate of basic pay for level IV of the Executive Schedule [5 U.S.C. 5315]; and ‘‘(B) as provided on or after the effective date of the amendments made by this section, shall be consid- ered a reference to— ‘‘(i) the rate of basic pay for level III of the Exec- utive Schedule [5 U.S.C. 5314]; or ‘‘(ii) if the head of the agency responsible for ad- ministering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section 5307(d), level II of the Executive Schedule [5 U.S.C. 5313].’’ EFFECTIVE DATE Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES; REGULATIONS Pub. L. 101–509, title V, § 529 [title I, § 101(c), (d)], Nov. 5, 1990, 104 Stat. 1427, 1442, provided that: ‘‘(c) OTHER REFERENCES.—Until otherwise provided by law— ‘‘(1) any reference in a provision of law (which is outside title 5, United States Code, and in effect im- mediately before this section takes effect [see Effec- tive Date of 1990 Amendment note set out under sec- tion 5301 of this title], excluding any reference in a provision of law amended by this Act [see Short Title of 1990 Amendment note set out under section 5301 of this title])— ‘‘(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay