5 U.S.C. § 5382 — Establishment of rates of pay for the Sen-

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 Repealed.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 L. 102–378, § 8(a), repealed Pub.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 L. 102–378, § 8(a), repealed Pub.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- Page 628 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5383 mencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, each rate of basic pay for the Senior Executive Service shall be adjusted by an amount determined by the President to be appropriate. ‘‘(d) The rates of basic pay that are established and adjusted under this section shall be printed in the Fed- eral Register and shall supersede any prior rates of basic pay for the Senior Executive Service.’’ 1990—Subsec. (b). Pub. L. 101–509, § 529 [title I, § 101(b)(6)(A), (9)(I)], substituted ‘‘under section 5376’’ for ‘‘for GS–16 of the General Schedule’’ and ‘‘5306(e)’’ for ‘‘5308’’. Subsec. (c). Pub. L. 101–509, § 529 [title I, § 101(b)(4)(B)], substituted ‘‘5303’’ for ‘‘5305’’ and struck out at end ‘‘The adjusted rates of basic pay for the Senior Execu- tive Service shall be included in the report transmitted to the Congress by the President under section 5305(a)(3) or (c)(1) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–136 effective on first day of first pay period beginning on or after Jan. 1, 2004, but not to result in reduction in rate of basic pay for any senior executive during first year after effective date, see section 1125(c) of Pub. L. 108–136, set out as a note under section 5304 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. 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. PAY INCREASES For adjustment of rates of basic pay for the Senior Executive Service under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of this title. Executive Documents EXECUTIVE ORDER NO. 12592 Ex. Ord. No. 12592, Apr. 10, 1987, 52 F.R. 13417, as amended by Ex. Ord. No. 12609, Sept. 23, 1987, 52 F.R. 36211, which related to the establishment, functions, administration, and termination of the President’s Commission on Compensation of Career Federal Execu- tives, was revoked by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 1013 of this title. § 5383. Setting individual senior executive pay (a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority. (b) Members of the Senior Executive Service shall be subject to the limitation under section 5307. (c) Except as provided in regulations pre- scribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period. (d) The rate of basic pay for any career ap- pointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the ca- reer appointee receives a written notice of the reduction at least 15 days in advance of the re- duction. (e)(1) This subsection applies to— (A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and (B) any individual who— (i) holds a position which is converted from the competitive service to a career re- served position in the Senior Executive Service; and (ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service. (2)(A) The initial rate of pay for a career ap- pointee who is appointed under the cir- cumstances described in paragraph (1)(A) may not be less than the rate of basic pay last pay- able to that individual immediately before being so appointed. (B) The initial rate of pay for a career ap- pointee following the position’s conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such position’s conversion. (Added Pub. L. 95–454, title IV, § 407(a), Oct. 13, 1978, 92 Stat. 1171; amended Pub. L. 96–166, § 3, Dec. 29, 1979, 93 Stat. 1273; Pub. L. 98–615, title III, § 305, Nov. 8, 1984, 98 Stat. 3219; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(7)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 102–175, § 2, Dec. 2, 1991, 105 Stat. 1222; Pub. L. 102–378, § 2(35), Oct. 2, 1992, 106 Stat. 1351; Pub. L. 108–136, div. A, title XI, § 1125(a)(3), Nov. 24, 2003, 117 Stat. 1639.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–136, § 1125(a)(3)(A), sub- stituted ‘‘which of the rates within a range established under section 5382’’ for ‘‘which of the rates established under section 5382 of this title’’. Subsec. (c). Pub. L. 108–136, § 1125(a)(3)(B), substituted ‘‘as provided in regulations prescribed by the Office under section 5385’’ for ‘‘for any pay adjustment under section 5382 of this title’’. 1992—Subsec. (b). Pub. L. 102–378 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, 5384, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. ‘‘(2)(A) Any amount which is not paid to a senior ex- ecutive during a fiscal year because of the limitation under paragraph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year. ‘‘(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of