
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5306]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                 SUBCHAPTER I--PAY COMPARABILITY SYSTEM
 
Sec. 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 Senate 
        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 administrative 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 of title 40, and 
        the Superintendent of Garages, House office buildings; and
            (C) persons employed by the county committees 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 greater than the maximum rate then currently being 
    paid under the General Schedule as a result of a pay adjustment 
    under section 5303 (or prior corresponding provision of law)), and 
    any monetary limitation on or monetary allowance for pay, applicable 
    to employees described 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 effective under section 5303 
(or prior provision of law), by whichever of the following methods the 
appropriate authority concerned considers appropriate--
        (i) by an amount or amounts not in excess of the pay adjustment 
    provided under section 5303 for corresponding rates of pay in the 
    appropriate schedule or scale of pay;
        (ii) if there are no corresponding rates of pay, by an amount or 
    amounts equal or equivalent, insofar as practicable and with such 
    exceptions and modifications as may be necessary to provide for 
    appropriate pay relationships 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 allowances 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 manner as the appropriate 
authority concerned considers appropriate.
    (c) This section does not authorize any adjustment 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 administrative action.
    (e) Pay may not be paid, by reason of any exercise 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, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1949; amended 
Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 
1990, 104 Stat. 1427, 1437; Pub. L. 102-378, Sec. 2(27), Oct. 2, 1992, 
106 Stat. 1350; Pub. L. 104-186, title II, Sec. 215(3), Aug. 20, 1996, 
110 Stat. 1745.)

                       References in Text

    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 subsec. (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, substituting 
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.


                    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, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5376, 5382 of this title; 
title 10 section 1602; title 40 section 174j-8.
