5 U.S.C. § 5305 — Special pay authority

Page 540 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5305 § 5305. Special pay authority (a)(1) Whenever the Office of Personnel Man- agement finds that the Government’s recruit- ment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handi- capped due to any of the circumstances de- scribed in subsection (b), the Office may estab- lish for the areas or locations involved, with re- spect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in ex- cess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of indi- viduals not subject to the provisions of this title governing appointment in the competitive serv- ice, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization estab- lished under this section. The head of an agency shall provide written notice to the Office of Per- sonnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice. (b) The circumstances referred to in sub- section (a) are— (1) rates of pay offered by non-Federal em- ployers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; (2) the remoteness of the area or location in- volved; (3) the undesirability of the working condi- tions or the nature of the work involved (in- cluding exposure to toxic substances or other occupational hazards); or (4) any other circumstances which the Office of Personnel Management (or such other agen- cy as the President may under the last sen- tence of subsection (a)(1) designate) considers appropriate. (c) Authority under subsection (a) may be ex- ercised with respect to positions paid under— (1) a statutory pay system; or (2) any other pay system established by or under Federal statute for civilian positions within the executive branch. (d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute. (e) An increase in a rate of pay established under this section is not an equivalent increase in pay within the meaning of section 5335. (f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee’s special rate will be ad- justed in accordance with conversion rules pre- scribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) des- ignate). (g)(1) The benefit of any comparability pay- ments under section 5304 shall be available to in- dividuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appro- priate, subject to paragraph (2) and subsection (h). (2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Sched- ule. (h) An employee shall not for any purpose be considered to be entitled to a rate of pay estab- lished under this section with respect to any pe- riod for which such employee is entitled to a higher rate of basic pay under any other provi- sion of law. For purposes of this subsection, the term ‘‘basic pay’’ includes any applicable local- ity-based comparability payment under section 5304 or similar provision of law. (i) If an employee who is receiving a rate of pay under this section becomes subject, by vir- tue of moving to a new official duty station, to a different pay schedule, such employee’s new rate of pay shall be initially established under conversion rules prescribed by the Office of Per- sonnel Management (or such other agency as the President may under the last sentence of sub- section (a)(1) designate) in conformance with the following: (1) First, determine the rate of pay to which such employee would be entitled at the new of- ficial duty station based on such employee’s position, grade, and step (or relative position in the rate range) before the move. (2) Then, if (in addition to the change in pay schedule) the move also involves any per- sonnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate deter- mined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment. (j) A rate determined under a schedule of spe- cial rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly Page 541 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5305 provided for by law or as the Office of Personnel Management may by regulation prescribe. (Added Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1946; amended Pub. L. 94–82, title II, § 202(c), Aug. 9, 1975, 89 Stat. 420; Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436; Pub. L. 108–411, title III, § 301(a)(2), Oct. 30, 2004, 118 Stat. 2313.) Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsecs. (a)(1) and (g)(2), is set out in section 5315 of this title. The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–411, § 301(a)(2)(A), added subsec. (a) and struck out former subsec. (a) relating to the President’s authority to establish higher minimum rates of basic pay for specified individuals where the Government’s recruitment or retention efforts are, or are likely to become, significantly handicapped. Subsec. (b)(4). Pub. L. 108–411, § 301(a)(2)(B), added par. (4) and struck out former par. (4) which read as follows: ‘‘any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate.’’ Subsec. (d). Pub. L. 108–411, § 301(a)(2)(C), substituted ‘‘Office of Personnel Management’’ for ‘‘President’’ and ‘‘(or by such other agency as the President may des- ignate under the last sentence of subsection (a)(1))’’ for ‘‘or by such agency as he may designate’’. Subsec. (e). Pub. L. 108–411, § 301(a)(2)(D), substituted ‘‘rate of pay’’ for ‘‘rate of basic pay’’. Subsec. (f). Pub. L. 108–411, § 301(a)(2)(E), added sub- sec. (f) and struck out former subsec. (f) which read as follows: ‘‘The rate of basic pay established under this section and received by an individual immediately be- fore a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate.’’ Subsec. (g)(1). Pub. L. 108–411, § 301(a)(2)(F), sub- stituted ‘‘pay’’ for ‘‘basic pay’’ and ‘‘Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) des- ignate)’’ for ‘‘President (or his designated agency)’’. Subsec. (h). Pub. L. 108–411, § 301(a)(2)(G), added sub- sec. (h) and struck out former subsec. (h) which read as follows ‘‘The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such indi- vidual (taking comparability payments under section 5304 into account) if this section had never been en- acted.’’ Subsecs. (i), (j). Pub. L. 108–411, § 301(a)(2)(H), added subsecs. (i) and (j). 1990—Pub. L. 101–509 amended section generally, sub- stituting provisions authorizing President to make spe- cial pay increases whenever recruitment or retention efforts are handicapped for provisions requiring annual pay reports and adjustments, authorizing alternative plan in years of emergency or when economic condi- tions affect the general welfare, and setting forth pro- cedure where Congressional committee disapproves such alternative plan. 1975—Subsec. (a)(3). Pub. L. 94–82, § 202(c)(1), inserted provision relating to specification in the report to the Congress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems. Subsec. (c)(1). Pub. L. 94–82, § 202(c)(2), inserted provi- sion relating to specification in the report to the Con- gress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provision re- lating to conversion rules, see section 301(d) of Pub. L. 108–411, set out as a note under section 5363 of this title. 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. STAFFING DIFFERENTIALS Pub. L. 101–509, title V, § 529 [title II, § 209], Nov. 5, 1990, 104 Stat. 1427, 1460, as amended by Pub. L. 102–378, § 3(3), Oct. 2, 1992, 106 Stat. 1355, provided that: ‘‘(a) IN GENERAL.—Effective on the first day of the first applicable pay period beginning on or after Janu- ary 1, 1991, the President may establish staffing dif- ferentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in— ‘‘(1) grade GS–5 or 7 of the General Schedule; ‘‘(2) a 2-grade-interval occupational series, as deter- mined by the Office of Personnel Management; or ‘‘(3) any combination of classes of positions de- scribed in paragraph (1) or (2) for which the President determines a recruiting difficulty exists. ‘‘(b) MANNER OF PAYMENT; REDUCTION OR ELIMI- NATION.—A staffing differential under this section— ‘‘(1) shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and ‘‘(2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect [see Effec- tive Date of 1990 Amendment and Short Title of 1990 Amendment notes set out under section 5301 of this title], except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing dif- ferential) which any employee is receiving.’’ [Authority of President under section 529 [title II, § 209] of Pub. L. 101–509, set out above, delegated to Of- fice of Personnel Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title.] FEDERAL LAW ENFORCEMENT PAY REFORM Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 907(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–309, provided that: ‘‘Begin- ning on the effective date of this Act [see section 1(a)(4) [div. B, title IX, § 909] of Pub. L. 106–554, set out in a Conversion to New Salary Schedule note under section 3056A of Title 18, Crimes and Criminal Procedure]— ‘‘(1) no existing special salary rates shall be author- ized for members of the United States Park Police under section 5305 of title 5, United States Code (or any previous similar provision of law); and ‘‘(2) no special rates of pay or special pay adjust- ments shall be applicable to members of the United States Park Police pursuant to section 405 of the Fed- eral Law Enforcement Pay Reform Act of 1990 [sec- tion 529 [title IV, § 405] of Pub. L. 101–509, set out in a note below].’’ Pub. L. 101–509, title V, § 529 [title IV, §§ 401–407], Nov. 5, 1990, 104 Stat. 1427, 1465, as amended by Pub. L. Page 542 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5305 102–378, § 3(5)–(9), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 103–123, title VI, § 628, Oct. 28, 1993, 107 Stat. 1266; Pub. L. 103–178, title III, § 303(a), Dec. 3, 1993, 107 Stat. 2034; Pub. L. 105–61, title I, § 118(e), Oct. 10, 1997, 111 Stat. 1288; Pub. L. 106–554, § 1(a)(4) [div. B, title IX, § 907(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–309; Pub. L. 108–411, title I, § 101(b), title III, § 301(b), Oct. 30, 2004, 118 Stat. 2309, 2317, provided that: ‘‘SEC. 401. SHORT TITLE. ‘‘This title [section 529 [title IV, §§ 401–412] of Pub. L. 101–509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under this section and sections 4521, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title] may be cited as the ‘Federal Law En- forcement Pay Reform Act of 1990’. ‘‘SEC. 402. DEFINITION. ‘‘For the purposes of this title, except as otherwise provided, the term ‘law enforcement officer’ means any law enforcement officer within the meaning of section 5541(3) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. ‘‘SEC. 403. SPECIAL RATES FOR LAW ENFORCE- MENT OFFICERS. ‘‘(a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher min- imum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accord- ance with the provisions of this section. ‘‘(b)(1) Effective on the first day of the first applica- ble pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: ‘‘GS–3 ........................................ Step 4 ‘‘GS–4 ........................................ Step 4 ‘‘GS–5 ........................................ Step 4 ‘‘GS–6 ........................................ Step 3 ‘‘GS–7 ........................................ Step 3 ‘‘GS–8 ........................................ Step 3 ‘‘GS–9 ........................................ Step 2 ‘‘GS–10 ...................................... Step 2 ‘‘(2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: ‘‘GS–3 ........................................ Step 7 ‘‘GS–4 ........................................ Step 7 ‘‘GS–5 ........................................ Step 8 ‘‘GS–6 ........................................ Step 6 ‘‘GS–7 ........................................ Step 5 ‘‘GS–8 ........................................ Step 3 ‘‘GS–9 ........................................ Step 2 ‘‘GS–10 ...................................... Step 2 ‘‘(c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the des- ignated grades (except in the case of any law enforce- ment officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) and shall be basic pay for all purposes. The rates shall be adjusted at the time of adjustments in the General Schedule to maintain the step linkage set forth in sub- section (b)(2). ‘‘(d) Any interim entry-level adjustment under sec- tion 209 of this Act [section 529 [title II, § 209] of Pub. L. 101–509, set out as a note above] which a law enforce- ment officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). ‘‘SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CIT- IES. ‘‘(a) A law enforcement officer shall be paid any ap- plicable special pay adjustment in accordance with the provisions of this section, but such special pay adjust- ment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act [section 529 [title III, § 302] of Pub. L. 101–509, set out as a note under section 5304 of this title], any appli- cable locality-based comparability payment under sec- tion 5304 of title 5, United States Code, as amended by section 101 of this Act, and, to the extent determined appropriate by the Office of Personnel Management, any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law (other than section 403). ‘‘(b)(1) Except as provided in subsection (a), effective on the first day of the first applicable pay period begin- ning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a per- centage of the officer’s rate of basic pay, as follows: ‘‘Area Differential Boston-Lawrence-Salem, MA–NH Consoli- dated Metropolitan Statistical Area ....... 16% Chicago-Gary-Lake County, IL–IN–WI Con- solidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Con- solidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Is- land, NY–NJ–CT Consolidated Metropoli- tan Statistical Area ................................ 16% Philadelphia-Wilmington-Trenton, PA–NJ–DE–MD Consolidated Metropoli- tan Statistical Area ................................ 4% San Francisco-Oakland-San Jose, CA Con- solidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area ......................................................... 8% Washington-Baltimore DC–MD–VA–WV Consolidated Metropolitan Statistical Area ......................................................... 4% ‘‘(2) In the case of any area specified in paragraph (1) that includes a portion, but not all, of a county, the Of- fice of Personnel Management may, at the request of the head of 1 or more law enforcement agencies, extend the area specified in paragraph (1) to include, for the purposes of this section, the entire county, if the Office determines that such extension would be in the inter- ests of good personnel administration. Any such exten- sion shall be applicable to each law enforcement officer whose post of duty is in the area of the extension. ‘‘(c)(1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability pay- ment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be con- sidered part of basic pay to the same degree as such a locality-based comparability payment. ‘‘(2) The Office of Personnel Management may pre- scribe such regulations as it considers necessary con- cerning the payment of special pay adjustments to law enforcement officers under this section. ‘‘SEC. 405. SAME BENEFITS FOR OTHER LAW EN- FORCEMENT OFFICERS. ‘‘(a) The appropriate agency head (as defined in sub- section (c)) shall prescribe regulations under which the purposes of sections 403, 404, and 407 shall be carried out with respect to individuals holding positions described in subsection (b). ‘‘(b) This subsection applies with respect to any— ‘‘(1) special agent within the Diplomatic Security Service; ‘‘(2) probation officer (referred to in section 3672 of title 18, United States Code); or ‘‘(3) pretrial services officer (referred to in section 3153 of title 18, United States Code). ‘‘(c) For purposes of this section, the term ‘appro- priate agency head’ means— ‘‘(1) with respect to any individual under subsection (b)(1), the Secretary of State; or ‘‘(2) with respect to any individual under subsection (b)(2) or (b)(3), the Director of the Administrative Of- fice of the United States Courts. 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.)