
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5318]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
               SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
 
Sec. 5318. Adjustments in rates of pay

    (a) Subject to subsection (b), effective at the beginning of the 
first applicable pay period commencing 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, the annual rate of 
pay for positions at each level of the Executive Schedule shall be 
adjusted by an amount, rounded to the nearest multiple of $100 (or if 
midway between multiples of $100, to the next higher multiple of $100), 
equal to the percentage of such annual rate of pay which corresponds to 
the most recent percentage change in the ECI (relative to the date 
described in the next sentence), as determined under section 704(a)(1) 
of the Ethics Reform Act of 1989. The appropriate date under this 
sentence is the first day of the fiscal year in which such adjustment in 
the rates of pay under the General Schedule takes effect.
    (b) In no event shall the percentage adjustment taking effect under 
subsection (a) in any calendar year (before rounding), in any rate of 
pay, exceed the percentage adjustment taking effect in such calendar 
year under section 5303 in the rates of pay under the General Schedule.

(Added Pub. L. 94-82, title II, Sec. 202(a), Aug. 9, 1975, 89 Stat. 419; 
amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 
103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 101(b)(4)(A)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103-356, 
title I, Sec. 101(3), Oct. 13, 1994, 108 Stat. 3411.)

                       References in Text

    The General Schedule, referred to in text, is set out under section 
5332 of this title.
    Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in 
subsec. (a), is section 704(a)(1) of Pub. L. 101-194, which is set out 
below.


                               Amendments

    1994--Pub. L. 103-356 designated existing provisions as subsec. (a), 
substituted ``Subject to subsection (b), effective'' for ``Effective'', 
and added subsec. (b).
    1990--Pub. L. 101-509 substituted ``5303'' for ``5305''.
    1989--Pub. L. 101-194 substituted ``corresponds to the most recent 
percentage change in the ECI (relative to the date described in the next 
sentence), as determined under section 704(a)(1) of the Ethics Reform 
Act of 1989. The appropriate date under this sentence is the first day 
of the fiscal year in which such adjustment in the rates of pay under 
the General Schedule takes effect'' for ``corresponds to the overall 
average percentage (as set forth in the report transmitted to the 
Congress under such section 5305) of the adjustment in the rates of pay 
under the General Schedule''.


                    Effective Date of 1994 Amendment

    Section 101 of Pub. L. 103-356 provided that the amendment made by 
that section is effective as of Dec. 31, 1994.


                    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.


                    Effective Date of 1989 Amendment

    Section 704(b) of Pub. L. 101-194 provided that: ``This section and 
the amendments made by this section [amending this section, section 31 
of Title 2, The Congress, section 104 of Title 3, The President, and 
section 461 of Title 28, Judiciary and Judicial Procedure, and enacting 
provisions set out as a note under this section] shall take effect on 
January 1, 1991.''


              Salary Levels of Senior Government Officials

    Pub. L. 102-90, title I, Sec. 6(a), Aug. 14, 1991, 105 Stat. 450, 
provided that: ``The rate of pay for the offices referred to under 
section 703(a)(2)(B) of the Ethics Reform Act of 1989 [Pub. L. 101-194] 
(5 U.S.C. 5318 note) shall be the rate of pay that would be payable for 
each such office if the provisions of sections 703(a)(2)(B) and 
1101(a)(1)(A) of such Act (5 U.S.C. 5318 note and 5305 note) had not 
been enacted.''
    Section 703 of Pub. L. 101-194 provided that:
    ``(a) Salary Levels.--
        ``(1) Executive positions.--Effective the first day of the first 
    applicable pay period that begins on or after January 1, 1991, the 
    rate of basic pay for positions in the Executive Schedule shall be 
    increased in the amount of 25 percent of their respective rates (as 
    last in effect before the increase), rounded to the nearest multiple 
    of $100 (or, if midway between multiples of $100, to the next higher 
    multiple of $100).
        ``(2) Legislative positions; office of the vice president.--
            ``(A) Generally.--Effective the first day of the first 
        applicable pay period that begins on or after January 1, 1991, 
        the rate of basic pay for the offices and positions under 
        subparagraphs (A) and (B) of section 225(f) of the Federal 
        Salary Act of 1967 (2 U.S.C. 356(A) and (B)) shall be increased 
        in the amount of 25 percent of their respective rates (as last 
        in effect before the increase), rounded to the nearest multiple 
        of $100 (or, if midway between multiples of $100, to the next 
        higher multiple of $100), except as provided in subparagraph 
        (B).
            ``(B) Exceptions.--Nothing in subparagraph (A) shall affect 
        the rate of basic pay for a Senator, the President pro tempore 
        of the Senate, or the majority leader or the minority leader of 
        the Senate.
        ``(3) Judicial positions.--Effective the first day of the first 
    applicable pay period that begins on or after January 1, 1991, the 
    rate of basic pay for the Chief Justice of the United States, an 
    associate justice of the Supreme Court of the United States, a judge 
    of a United States circuit court, a judge of a district court of the 
    United States, and a judge of the United States Court of 
    International Trade shall be increased in the amount of 25 percent 
    of their respective rates (as last in effect before the increase), 
    rounded to the nearest multiple of $100 (or, if midway between 
    multiples of $100, to the next higher multiple of $100).
    ``(b) Coordination Rule.--If a pay adjustment under subsection (a) 
is to be made for an office or position as of the same date as any other 
pay adjustment affecting such office or position, the adjustment under 
subsection (a) shall be made first.''


     Revision in Method by Which Annual Pay Adjustments for Certain 
      Executive, Legislative, and Judicial Positions Are To Be Made

    Section 704(a) of Pub. L. 101-194 provided that:
    ``(a) Percent Change in the Employment Cost Index.--
        ``(1) Method for computing percent change in the eci.--
            ``(A) Definitions.--For purposes of this paragraph--
                ``(i) the term `Employment Cost Index' or `ECI' means 
            the Employment Cost Index (wages and salaries, private 
            industry workers) published quarterly by the Bureau of Labor 
            Statistics; and
                ``(ii) the term `base quarter' means the 3-month period 
            ending on December 31 of a year.
            ``(B) Method.--For purposes of the provisions of law amended 
        by paragraph (2), the `most recent percentage change in the 
        ECI', as of any date, shall be one-half of 1 percent less than 
        the percentage (rounded to the nearest one-tenth of 1 percent) 
        derived by--
                ``(i) reducing--
          ``(I) the ECI for the last base quarter prior to that date, by
          ``(II) the ECI for the second to last base quarter prior to 
                that date,
                ``(ii) dividing the difference under clause (i) by the 
            ECI for the base quarter referred to in clause (i)(II), and
                ``(iii) multiplying the quotient under clause (ii) by 
            100, except that no percentage change determined under this 
            paragraph shall be--
          ``(I) less than zero; or
          ``(II) greater than 5 percent.
        ``(2) Provisions through which new method is to be 
    implemented.--
            ``(A) Amendment to titles 3, 5, and 28 of the united states 
        code.--Section 104 of title 3, United States Code, section 5318 
        of title 5, United States Code, and section 461(a) of title 28, 
        United States Code, are amended by striking `corresponds to' and 
        all that follows thereafter through the period, and inserting 
        the following:
`corresponds to the most recent percentage change in the ECI (relative 
to the date described in the next sentence), as determined under section 
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under 
this sentence is the first day of the fiscal year in which such 
adjustment in the rates of pay under the General Schedule takes 
effect.'.
            ``(B) Amendment to the legislative reorganization act of 
        1946.--Section 601(a)(2) of the Legislative Reorganization Act 
        of 1946 (2 U.S.C. 31(2)) is amended by striking `corresponds to' 
        and all that follows thereafter through the period and inserting 
        the following:
`corresponds to the most recent percentage change in the ECI (relative 
to the date described in the next sentence), as determined under section 
704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under 
this sentence is the first day of the fiscal year in which such 
adjustment in the rates of pay under the General Schedule takes 
effect.'.''


Reduction of Rate of Salary or Basic Pay of Offices or Positions in the 
Executive, Legislative, and Judicial Branches to the Salary or Basic Pay 
                    Rate Payable as of July 14, 1983

    Pub. L. 98-51, title III, Sec. 304, July 14, 1983, 97 Stat. 279, 
provided that:
    ``(a) Except as provided in subsection (b), the rate of salary or 
basic pay prescribed by law as of the date of the enactment of this Act 
[July 14, 1983] shall be reduced to the salary or basic pay rate payable 
as of such date in the case of--
        ``(1) any office or position at level I, II, or III of the 
    Executive Schedule,
        ``(2) any Member of Congress, and
        ``(3) any other office or position in the legislative, 
    executive, or judicial branch, or in the government of the District 
    of Columbia, for which the rate of salary or basic pay that is 
    payable on such date of enactment is less than the rate then 
    prescribed by law.
    ``(b) In the case of any office or position in the legislative, 
executive, or judicial branch, or in the government of the District of 
Columbia, for which the maximum rate of salary or basic pay that is 
payable on the date of the enactment of this Act [July 14, 1983] is less 
than the maximum rate then prescribed by law, the maximum rate 
prescribed by law as of such date of enactment shall be reduced to the 
maximum rate payable as of such date.
    ``(c) In determining the amount of the reduction under this section 
in the case of any Senator, the provisions of section 129, of Public Law 
97-377 [set out as a note below] shall be applied without regard to 
subsection (c) of such section.''


  Limitation on Maximum Rate of Salary Increases for Senior Executive, 
  Judicial, and Legislative Positions (Including Members of Congress); 
 Services Performed After December 17, 1982; Applicability to Senators; 
Construction With Provisions Relating to Annual Rates of Compensation of 
                  Officers and Employees of the Senate

    Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 
1914, provided that:
    ``(b) In lieu of payment of salary increases of up to 27.2 percent 
as authorized by law for senior executive, judicial, and legislative 
positions (including Members of Congress), it is the purpose of this 
section [enacting this provision and amending section 101(e) of Pub. L. 
97-276, set out below] to limit such increases to 15 percent. 
Notwithstanding the provisions of section 306 of S. 2939 [set out below] 
made applicable by subsection (a) of this section, nothing in subsection 
(a) shall (or be construed to) require that the rate of salary or pay 
payable to any individual for or on account of services performed after 
December 17, 1982, be limited to an amount less than the rate (or 
maximum rate, if higher) of salary or pay payable as of such date for 
the position involved increased by 15 percent and rounded in accordance 
with section 5318 of title 5, United States Code.
    ``(c) Subsection (b) shall not apply to Senators.
    ``(d) For the purposes of any rule, regulation, or order having the 
force and effect of law and limiting the annual rates of compensation of 
officers and employees of the Senate by reference to the annual rate of 
pay of Senators, the annual rate of pay of Senators shall be deemed to 
be the annual rate of pay that would be payable to Senators without 
regard to subsection (c) of this section.''


  Fiscal Year 1983 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, as amended 
by Pub. L. 97-377, title I, Sec. 129(a), Dec. 21, 1982, 96 Stat. 1914, 
provided in part that: ``the provisions of section 306(a), (b), and (d) 
of S. 2939 [Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 
1982] shall apply to any appropriation, fund, or authority made 
available for the period October 1, 1982, through September 30, 1983, by 
this or any other Act.'' Section 306(a), (b), and (d) of S. 2939, 
Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, 
provided that:
    ``(a) No part of the funds appropriated for the fiscal year ending 
September 30, 1983, by this Act or any other Act may be used to pay the 
salary or pay of any individual in an office or position in the 
legislative, executive, or judicial branch, or in the government of the 
District of Columbia, at a rate which exceeds the rate (or maximum rate, 
if higher) of salary or basic pay payable for such office or position 
for September 30, 1982, if the rate of salary or basic pay for that 
office or position is--
        ``(1) fixed at a rate which is equal to or greater than the rate 
    of basic pay for level V of the Executive Schedule under section 
    5316 of title 5, United States Code, or
        ``(2) limited to a maximum rate which is equal to or greater 
    than the rate of basic pay for such level V (or to a percentage of 
    such a maximum rate) by reason of section 5308 of title 5, United 
    States Code, or any other provision of law or congressional 
    resolution.
    ``(b) For purposes of subsection (a), the rate or maximum rate (as 
the case may be) of salary or basic pay payable for September 30, 1982, 
for any office or position which was not in existence on such date shall 
be deemed to be the rate or maximum rate (as the case may be) of salary 
or basic pay payable to individuals in comparable offices or positions 
for such date, as determined under regulations prescribed--
        ``(1) by the President, in the case of any office or position 
    within the executive branch or in the government of the District of 
    Columbia;
        ``(2) jointly by the Speaker of the House of Representatives and 
    the President pro tempore of the Senate, in the case of any office 
    or position within the legislative branch; or
        ``(3) by the Chief Justice of the United States, in the case of 
    any office or position within the judicial branch.
    ``(d) For purposes of administering any provisions of law, rule, or 
regulation which provides retirement, life insurance, or other employee 
benefit, which requires any deduction or contribution, or which imposes 
any requirement or limitation, on the basis of a rate of salary or basic 
pay, the rate of salary or basic pay payable after the application of 
this section shall be treated as the rate of salary or basic pay.''


  Fiscal Year 1982 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 97-92, Sec. 101(g), Dec. 15, 1981, 95 Stat. 1190, provided 
that: ``The provisions of section 305(a), (b), and (d) of H.R. 4120, 
entitled the Legislative Branch Appropriation Act, 1982, shall apply to 
any appropriation, fund, or authority made available for the period 
October 1, 1981, through September 30, 1982, by this or any other Act.'' 
Section 305(a), (b), and (d) of H.R. 4120, as reported July 9, 1981, 
provided that:
    ``(a) No part of the funds appropriated for the fiscal year ending 
September 30, 1982, by this Act or any other Act may be used to pay the 
salary or pay of any individual in any office or position in the 
legislative, executive, or judicial branch, or in the government of the 
District of Columbia, at a rate which exceeds the rate (or maximum rate, 
if higher) of salary or basic pay payable for such office or position 
for September 30, 1981, if the rate of salary or basic pay for that 
office or position is--
        ``(1) fixed at a rate which is equal to or greater than the rate 
    of basic pay for level V of the executive Schedule under section 
    5316 of title 5, United States Code, or
        ``(2) limited to a maximum rate which is equal to or greater 
    than the rate of basic pay for such level V (or to a percentage of 
    such a maximum rate) by reason of section 5308 of title 5, United 
    States Code, or any other provision of law or congressional 
    resolution.
    ``(b) For purposes of subsection (a), the rate or maximum rate (as 
the case may be) of salary or basic pay payable for September 30, 1981, 
for any office or position which was not in existence on such date shall 
be deemed to be the rate or maximum rate (as the case may be) of salary 
or basic pay payable to individuals in comparable offices or positions 
for such date, as determined under regulations prescribed--
        ``(1) by the President, in the case of any office or position 
    within the executive branch or in the government of the District of 
    Columbia;
        ``(2) jointly by the Speaker of the House of Representatives and 
    the President pro tempore of the Senate, in the case of any office 
    or position within the legislative branch; or
        ``(3) by the Chief Justice of the United States, in the case of 
    any office or position within the judicial branch.
    ``(d) For purposes of administering any provision of law, rule, or 
regulation which provides retirement, life insurance, or other employee 
benefit, which requires any deduction or contribution, or which imposes 
any requirement or limitation, on the basis of a rate of salary or basic 
pay, the rate of salary or basic pay payable after the application of 
this section shall be treated as the rate of salary or basic pay.''
    Similar provisions were contained in Pub. L. 97-51, Sec. 101(c), 
Oct. 1, 1981, 95 Stat. 959, as amended Pub. L. 97-85, Nov. 23, 1981, 95 
Stat. 1098.

    Pub. L. 97-92, Sec. 141, Dec. 15, 1981, 95 Stat. 1200, provided 
that:
    ``(a) Notwithstanding the provisions of section 305 of H.R. 4120 
made applicable by section 101(g) of this joint resolution [set out 
above], but subject to subsection (b) of this section, nothing in 
section 101(g) shall (or shall be construed to) require that the rate of 
salary or basic pay, payable to any individual for or on account of 
services performed after December 31, 1981, be limited to or reduced to 
an amount which is less than--
        ``(1) $59,500, if such individual has an office or position the 
    salary or pay for which corresponds to the rate of basic pay for 
    level III of the Executive Schedule under section 5314 of title 5, 
    United States Code;
        ``(2) $58,500, if such individual has an office or position the 
    salary or pay for which corresponds to the rate of basic pay for 
    level IV of the Executive Schedule under section 5315 of title 5, 
    United States Code; or
        ``(3) $57,500, if such individual has an office or position the 
    salary or pay for which corresponds to the rate of basic pay for 
    level V of the Executive Schedule under section 5316 of title 5, 
    United States Code.
    ``(b)(1) For purposes of subsection (a), any rate of salary or pay 
shall be considered to correspond to the basic pay for a level of the 
Executive Schedule if the rate of salary or pay for that office or 
position is (i) fixed at a rate which is equal to or greater than the 
rate of basic pay for that level of the Executive Schedule or (ii) 
limited to a maximum rate which is equal to or greater than the rate of 
basic pay for such level (or to a percentage of such a maximum rate) by 
reason of section 5308 of title 5, United States Code, or any other 
provision of law (other than the provisions of such section 305, as made 
applicable by section 101(g) of this joint resolution) or congressional 
resolution.
    ``(2) In applying subsection (a) for any office or position for 
which the rate of salary or basic pay is limited to a percentage of such 
a maximum rate, there shall be substituted, in lieu of the amount 
specified in subsection (a) for that office or position, an amount equal 
to such percentage of the specified amount.
    ``(c) Any adjustment pursuant to this section made to the pay of any 
employee or class of employees whose pay is disbursed by the Clerk of 
the House should be of such amount as to assure, to the maximum extent 
practicable, that such employees are not paid at rates at less than 
employees or classes of employees whose pay is disbursed by the 
Secretary of the Senate and who hold equivalent positions.''


  Fiscal Year 1981 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 96-536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167, as 
amended by Pub. L. 97-12, title IV, Sec. 401, June 5, 1981, 95 Stat. 95, 
making further continuing appropriations for fiscal year 1981, provided 
in part that: ``the provisions of section 306(a), (b), and (d) of H.R. 
7593 (providing salary pay cap limitations for executive, legislative, 
and judicial employees and officials) [as passed the House of 
Representatives, July 21, 1980] shall apply to any appropriation, fund, 
or authority made available for the period October 1, 1980, through 
September 30, 1981, by this or any other Act.'' Section 306(a), (b), and 
(d) of H.R. 7593, as passed the House of Representatives on July 21, 
1980, provided that:
    ``(a) No part of the funds appropriated for the fiscal year ending 
September 30, 1981, by this Act or any other Act may be used to pay the 
salary or pay of any individual in any office or position in the 
legislative, executive, or judicial branch, or in the government of the 
District of Columbia, at a rate which exceeds the rate (or maximum rate, 
if higher) of salary or basic pay payable for such office or position 
for September 30, 1980, if the rate of salary or basic pay for that 
office or position is--
        ``(1) fixed at a rate which is equal to or greater than the rate 
    of basic pay for level V of the Executive Schedule under section 
    5316 of title 5, United States Code, or
        ``(2) limited to a maximum rate which is equal to or greater 
    than the rate of basic pay for such level V (or to a percentage of 
    such a maximum rate) by reason of section 5308 of title 5, United 
    States Code, or any other provision of law or congressional 
    resolution.
    ``(b) For purposes of subsection (a), the rate or maximum rate (as 
the case may be) of salary or basic pay payable for September 3, 1980, 
for any office or position which was not in existence on such date shall 
be deemed to be the rate or maximum rate (as the case may be) of salary 
or basic pay payable to individuals in comparable offices or positions 
for such date, as determined under regulations prescribed--
        ``(1) by the President, in the case of any office or position 
    within the executive branch or in the government of the District of 
    Columbia;
        ``(2) jointly by the Speaker of the House of Representatives and 
    the President pro tempore of the Senate, in the case of any office 
    or position within the legislative branch; or
        ``(3) by the Chief Justice of the United States, in the case of 
    any office or position within the judicial branch.
    ``(d) For purposes of administering any provision of law, rule, or 
regulation which provides retirement, life insurance, or other employee 
benefit, which requires any deduction or contribution, or which imposes 
any requirement or limitation, on the basis of a rate of salary or basic 
pay, the rate of salary or basic pay payable after the application of 
this section shall be treated as the rate of salary or basic pay.''
    Similar provisions were contained in Pub. L. 96-369, Sec. 101(c), 
Oct. 1, 1980, 94 Stat. 1352.


  Fiscal Year 1980 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 96-86, Sec. 101(c), Oct. 12, 1979, 93 Stat. 657, provided in 
part that:
    ``For the fiscal year 1980, funds available for payment to executive 
employees, which includes Members of Congress, who under existing law 
are entitled to approximately 12.9 percent increase in pay, shall not be 
used to pay any such employee or elected or appointed official any sum 
in excess of 5.5 percent increase in existing pay and such sum if 
accepted shall be in lieu of the 12.9 percent due for such fiscal year.
    ``Provided, further, That for the purpose of carrying out this 
provision and notwithstanding the provisions of the Federal Pay 
Comparability Act of 1970 [Pub. L. 91-656], the Executive Salary Cost-
Of-Living Adjustment Act [Pub. L. 94-82], or any other related provision 
of law, which would provide an approximate 12.9 percent increase in pay 
for certain Federal officials for pay periods beginning on or after 
October 1, 1979, and notwithstanding section 102 of this joint 
resolution, the provisions of section 304 of the Legislative Branch 
Appropriation Act, 1979 [set out below], which limit the pay for certain 
Federal offices and positions, shall apply to funds appropriated by this 
joint resolution or any Act for the fiscal year 1980, except that in 
applying such limitation the term `at a rate which exceeds by more than 
5.5 percent the rate' shall be substituted for the term `at a rate which 
exceeds the rate' where it appears in subsection (a) of such section for 
the purpose of limiting pay increases to 5.5 percent.''


  Fiscal Year 1979 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 95-429, title VI, Sec. 613, Oct. 10, 1978, 92 Stat. 1017, 
provided that:
    ``(a) No part of the funds appropriated for the fiscal year ending 
September 30, 1979, by this Act or any other Act may be used to pay the 
salary or pay of any individual in any office or position in the 
legislative, executive, or judicial branch, or in the government of the 
District of Columbia, at a rate which exceeds the rate (or maximum rate, 
if higher) of salary or basic pay payable for such office or position 
for September 30, 1978, if the rate of salary or basic pay for such 
office or position is--
        ``(1) fixed at a rate which is equal to or greater than the rate 
    of basic pay for level V of the Executive Schedule under section 
    5316 of title 5, United States Code, or
        ``(2) limited to a maximum rate which is equal to or greater 
    than the rate of basic pay for such level V (or to a percentage of 
    such a maximum rate) by reason of section 5308 of title 5, United 
    States Code or any other provision of law or congressional 
    resolution.
    ``(b) For purposes of subsection (a), the rate or maximum rate (as 
the case may be) of salary or basic pay payable for September 30, 1978, 
for any office or position which was not in existence on such date shall 
be deemed to be the rate or maximum rate (as the case may be) of salary 
or basic pay payable to individuals in comparable offices or positions 
for such date, as determined under regulations prescribed--
        ``(1) by the President, in the case of any office or position 
    within the executive branch or in the government of the District of 
    Columbia;
        ``(2) jointly by the Speaker of the House and the President pro 
    tempore of the Senate, in the case of any office or position within 
    the legislative branch; or
        ``(3) by the Chief Justice of the United States, in the case of 
    any office or position within the judicial branch.
    ``(c) For purposes of administering any provision of law, rule, or 
regulation which provides retirement, life insurance, or other employee 
benefit, which requires any deduction or contribution, or which imposes 
any requirement or limitation, on the basis of a rate of salary or basic 
pay, the rate of salary or basic pay payable after the application of 
this section shall be treated as the rate of salary or basic pay.''
    Identical provisions were enacted by Pub. L. 95-391, title III, 
Sec. 304, Sept. 30, 1978, 92 Stat. 788.

    1977 Comparability Adjustment not Effective for Certain 
                            Positions

    Pub. L. 95-66, July 11, 1977, 91 Stat. 270, provided that: ``The 
first adjustment which, but for this Act, would be made after the date 
of enactment of this Act under the following provisions of law in the 
salary or rate of pay of positions or individuals to which such 
provisions apply, shall not take effect:
        ``(1) the second sentence of section 104 of title 3, United 
    States Code, relating to comparability adjustments in the salary of 
    the Vice President of the United States;
        ``(2) paragraph (2) of section 601(a) of the Legislative 
    Reorganization Act of 1946 (2 U.S.C. 31), relating to comparability 
    adjustments in the annual rate of pay of Members of Congress;
        ``(3) section 461 of title 28, United States Code, relating to 
    comparability adjustments in the salary and rate of pay of justices, 
    judges, commissioners, and referees; and
        ``(4) section 5318 of title 5, United States Code, relating to 
    comparability adjustments in the annual rate of pay for positions in 
    the Executive Schedule.''


  Fiscal Year 1977 Limitation on Use of Funds for Pay Adjustments for 
                            Certain Positions

    Pub. L. 94-440, title II, Sec. 100, Oct. 1, 1976, 90 Stat. 1446, 
provided that: ``No part of the funds appropriated in this Act or any 
other Act shall be used to pay the salary of an individual in a position 
or office referred to in section 225(f) of the Federal Salary Act of 
1967, as amended (2 U.S.C. 356), including a Delegate to the House of 
Representatives, at a rate which exceeds the salary rate in effect on 
September 30, 1976, for such position or office except increases 
submitted by the President pursuant to section 225 of the Federal Salary 
Act of 1967.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5312, 5313, 5314, 5315, 5316 
of this title.
