5 U.S.C. § 5380 — Untitled legal text

Page 627 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5382 ‘‘(1) a public or private institution of higher edu- cation may provide an officer or employee of any branch of the United States Government, of any inde- pendent agency of the United States, or of the Dis- trict of Columbia, who is a current or former student of such institution, financial assistance for the pur- pose of repaying a student loan or providing forbear- ance of student loan repayment if— ‘‘(A) such repayment or forbearance is provided to such officer or employee in accordance with a writ- ten, published policy of the institution relating to repaying or providing forbearance, respectively, for students or former students who perform public service; and ‘‘(B) in the case of a former student of the institu- tion of higher education, the policy described in subparagraph (A) was in effect at the institution of higher education on the day before the date such of- ficer or employee graduated from or otherwise ceased being a student at such institution; and ‘‘(2) an officer or employee of any branch of the United States Government, of any independent agen- cy of the United States, or of the District of Colum- bia may receive repayment or forbearance permitted under paragraph (1).’’ [§ 5380. Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359] Section, added Pub. L. 101–510, div. A, title XII, § 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay au- thority for critical positions. See section 5377 of this title. 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 L. 102–378, § 8(a), repealed Pub.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 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 enact- ment of the Federal Employees Pay Comparability Act of 1990 [Nov. 5, 1990], and (B) section 5380 of this title 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 L. 102–378, § 8(a), repealed Pub.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. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE § 5381. Definitions For the purpose of this subchapter, ‘‘agency’’, ‘‘Senior Executive Service position’’, ‘‘career ap- pointee’’, and ‘‘senior executive’’ have the mean- ings set forth in section 3132(a) of this title. (Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 101–136, title VI, § 625(b), Nov. 3, 1989, 103 Stat. 823.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–136 inserted ‘‘ ‘career appointee’,’’ before ‘‘and’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as a note under section 3131 of this title. § 5382. Establishment of rates of pay for the Sen- ior Executive Service (a) Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior exec- utive shall be paid at one of the rates within the range, based on individual performance, con- tribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373. (b) Notwithstanding the provisions of sub- section (a), the applicable maximum shall be level II of the Executive Schedule for any agen- cy that is certified under section 5307 as having a performance appraisal system which, as de- signed and applied, makes meaningful distinc- tions based on relative performance. (c) 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 subsection (b) to an agency with an applicable maximum rate of pay prescribed under sub- section (a). (Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(B), (6)(A), (9)(I)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1440, 1442; Pub. L. 108–136, div. A, title XI, § 1125(a)(2), Nov. 24, 2003, 117 Stat. 1638.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (a), is set out in section 5314 of this title. Level II of the Executive Schedule, referred to in sub- sec. (b), is set out in section 5313 of this title. AMENDMENTS 2003—Pub. L. 108–136 substituted ‘‘Establishment of rates of pay for the Senior Executive Service’’ for ‘‘Es- tablishment and adjustment of rates of pay for the Sen- ior Executive Service’’ in section catchline and amend- ed text generally. Prior to amendment, text read as fol- lows: ‘‘(a) There shall be 5 or more rates of basic pay for the Senior Executive Service, and each senior execu- tive shall be paid at one of the rates. The rates of basic pay shall be initially established and thereafter ad- justed by the President subject to subsection (b) of this section. ‘‘(b) In setting rates of basic pay, the lowest rate for the Senior Executive Service shall not be less than the minimum rate of basic pay payable under section 5376 and the highest rate shall not exceed the rate for level IV of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373 of this title. ‘‘(c) Subject to subsection (b) of this section, effective at the beginning of the first applicable pay period com-