5 U.S.C. § 5306 — Pay fixed by administrative action

Page 543 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5306 1 See References in Text note below. ‘‘SEC. 406. FBI NEW YORK FIELD DIVISION. ‘‘(a) The total pay of an employee of the Federal Bu- reau of Investigation assigned to the New York Field Division before the date of September 29, 1993, in a posi- tion covered by the demonstration project conducted under section 601 of the Intelligence Authorization Act for Fiscal Year 1989 (Public Law 100–453) [102 Stat. 1911] shall not be reduced as a result of the termination of the demonstration project during the period that em- ployee remains employed after that date in a position covered by the demonstration project. ‘‘(b) Beginning on September 30, 1993, any periodic payment under section 601(a)(2) of the Intelligence Au- thorization Act for Fiscal Year 1989 [Pub. L. 100–453, 102 Stat. 1911] for any such employee shall be reduced by the amount of any increase in basic pay under title 5, United States Code, including the following provisions: an annual adjustment under section 5303, locality-based comparability payment under section 5304, initiation or increase in a special pay rate under section 5305, pro- motion under section 5334, periodic step increase under section 5335, merit increase under section 5404, or other increase to basic pay under any provision of law.’’ [Section 303(b) of Pub. L. 103–178 provided that: ‘‘The amendment made by subsection (a) [amending section 529 [title IV, § 406] of Pub. L. 101–509, set out above] shall take effect as of September 30, 1993, and shall apply to the pay of employees to whom the amendment applies that is earned on or after that date.’’] [For effective dates of amendments by section 3(5)–(9) of Pub. L. 102–378 to section 529 [title IV, §§ 402, 403(d), 404(a), (b), 405(a)] of Pub. L. 101–509, set out above, see section 9(a), (b)(6), (9) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.] REPORTING REQUIREMENT Pub. L. 101–509, title V, § 529 [title IV, § 412], Nov. 5, 1990, 104 Stat. 1427, 1469, provided that not later than Jan. 1, 1993, the Office of Personnel Management should submit to Congress a written plan to establish a sepa- rate pay and classification system for law enforcement officers and specifications for legislation to implement such plan. Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under section 4505a of this title. § 5306. Pay fixed by administrative action (a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31— (1) the rates of pay of— (A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Sen- ate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administra- tive action under law and are not otherwise adjusted under this subchapter; (B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a 1 of title 40, and the Super- intendent of Garages, House office buildings; and (C) persons employed by the county com- mittees established under section 590h(b) of title 16; and (2) and minimum or maximum rate of pay (other than a maximum rate equal to or great- er than the maximum rate then currently being paid under the General Schedule as a re- sult of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allow- ance for pay, applicable to employees de- scribed in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes ef- fective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers ap- propriate— (i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the ap- propriate schedule or scale of pay; (ii) if there are no corresponding rates of pay, by an amount or amounts equal or equiv- alent, insofar as practicable and with such ex- ceptions and modifications as may be nec- essary to provide for appropriate pay relation- ships between positions, to the amount of the pay adjustment provided under section 5303; or (iii) in the case of minimum or maximum rates of pay, or monetary limitations of allow- ances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. (b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such man- ner as the appropriate authority concerned con- siders appropriate. (c) This section does not authorize any adjust- ment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. (d) This section does not impair any authority under which rates of pay may be fixed by admin- istrative action. (e) Pay may not be paid, by reason of any exer- cise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. (Added Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1949; amended Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1437; Pub. L. 102–378, § 2(27), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104–186, title II, § 215(3), Aug. 20, 1996, 110 Stat. 1745.) Page 544 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5307 1 See References in Text note below. 2 So in original. Probably should be ‘‘applying’’. Editorial Notes REFERENCES IN TEXT Section 166b–3a of title 40, referred to in subsec. (a)(1)(B), means section 166b–3a of former Title 40, Pub- lic Buildings, Property, and Works, which was trans- ferred to section 1848 of Title 2, The Congress. The General Schedule, referred to in subsec. (a)(2), is set out under section 5332 of this title. Level V of the Executive Schedule, referred to in sub- sec. (e), is set out in section 5316 of this title. AMENDMENTS 1996—Subsec. (a)(1)(A). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. 1992—Subsec. (a)(1)(B). Pub. L. 102–378 substituted ‘‘section 166b–3a’’ for ‘‘section 166b–3’’. 1990—Pub. L. 101–509 amended section generally, sub- stituting provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees for provisions establishing Advisory Committee on Federal Pay and setting forth its duties. Statutory Notes and Related Subsidiaries 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. § 5307. Limitation on certain payments (a)(1) Except as otherwise permitted by or under law, or as otherwise provided under sub- section (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. (2) This section shall not apply to any pay- ment under— (A) subchapter III or VII of chapter 55 or sec- tion 5596; (B) chapter 57 (other than section 5753, 5754, 5755, or 5757); 1 or (C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 5948). (b)(1) Any amount which is not paid to an em- ployee in a calendar year because of the limita- tion under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. (2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying 2 the limitations under sub- section (a) with respect to such calendar year. (c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with sec- tion 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount pay- able to such employee under subsection (b) is made. (d)(1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting ‘‘the total annual compensation payable to the Vice President under section 104 of title 3’’ for ‘‘the annual rate of basic pay pay- able for level I of the Executive Schedule’’ in the case of any employee who— (A) is paid under section 5376 or 5383 of this title, section 332(f), 603, or 604 of title 28, or section 108 of the Legislative Branch Appro- priations Act, 1991 (2 U.S.C. 1849); and (B) holds a position in or under an agency which is described in paragraph (2). (2) An agency described in this paragraph is any agency which, for purposes of applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and ap- plication, meaningful distinctions based on rel- ative performance. (3)(A) The Office of Personnel Management and the Office of Management and Budget joint- ly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made. (B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Manage- ment for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements. (C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget. (4) Notwithstanding any provision of para- graph (3), any regulations, certifications, or other measures necessary to carry out this sub- section with respect to employees within the ju- dicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3). (5)(A) Notwithstanding any provision of para- graph (3), any regulations, certifications, or other measures necessary to carry out this sub- section— (i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress; (ii) with respect to employees of the Office of the Architect of the Capitol shall be the re- sponsibility of the Architect of the Capitol; and (iii) with respect to employees of the Gov- ernment Publishing Office shall be the respon- sibility of the Director of the Government Publishing Office. (B) The regulations under this paragraph shall be consistent with those promulgated under paragraph (3).