
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-123 Section 8(d)(1)(C)]
[CITE: 5USC5373]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 5373. Limitation on pay fixed by administrative action

    (a) Except as provided in subsection (b) and by the Government 
Employees Salary Reform Act of 1964 (78 Stat. 400) and notwithstanding 
the provisions of other statutes, the head of an Executive agency or 
military department who is authorized to fix by administrative action 
the annual rate of basic pay for a position or employee may not fix the 
rate at more than the rate for level IV of the Executive Schedule. This 
section does not impair the authorities provided by--
        (1) sections 248, 482, 1766, and 1819 of title 12, section 206 
    of the Bank Conservation Act, sections 2B(b) and 21A(e)(4) of the 
    Federal Home Loan Bank Act, section 2A(i) \1\ of the Home Owners' 
    Loan Act, and sections 5.11 and 5.58 of the Farm Credit Act of 1971;
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    \1\ See References in Text note below.
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        (2) section 831b of title 16; or
        (3) sections 403a-403c, 403e-403h, and 403j of title 50.

    (b) Subsection (a) shall not affect the authority of the Secretary 
of Defense or the Secretary of a military department to fix the pay of a 
civilian employee paid from nonappropriated funds, except that the 
annual rate of basic pay (including any portion of such pay attributable 
to comparability with private-sector pay in a locality) of such an 
employee may not be fixed at a rate greater than the rate for level III 
of the Executive Schedule.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473, Sec. 5363; renumbered 
Sec. 5373, Pub. L. 95-454, title VIII, Sec. 801(a)(3)(A)(ii), Oct. 13, 
1978, 92 Stat. 1221; Pub. L. 96-70, title III, Sec. 3302(e)(4), Sept. 
27, 1979, 93 Stat. 498; Pub. L. 101-73, title VII, Sec. 742(b), title 
XII, Sec. 1209, Aug. 9, 1989, 103 Stat. 437, 523; Pub. L. 101-509, title 
V, Sec. 529 [title I, Sec. 101(b)(9)(H)], Nov. 5, 1990, 104 Stat. 1427, 
1441; Pub. L. 104-201, div. C, title XXXV, Sec. 3548(a)(4), Sept. 23, 
1996, 110 Stat. 2868; Pub. L. 106-65, div. A, title XI, Sec. 1102, Oct. 
5, 1999, 113 Stat. 776.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2212.                Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    308, 78 Stat. 432.
                                                   Oct. 6, 1964, Pub. L.
                                                    88-631, Sec.  3(e),
                                                    78 Stat. 1008.
------------------------------------------------------------------------

    The words ``head of an Executive agency or military department'' are 
coextensive with and substituted for ``head of any executive department, 
independent establishment, or agency in the executive branch'' because 
of the definitions in sections 102 and 105.
    Standard changes are made to conform to the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    The Government Employees Salary Reform Act of 1964 (78 Stat. 400), 
referred to in subsec. (a), is Pub. L. 88-426, Aug. 14, 1964, 78 Stat. 
400, as amended. For complete classification of this Act to the Code, 
see Tables.
    Level IV of the Executive Schedule, referred to in subsec. (a), is 
set out in section 5315 of this title.
    Section 206 of the Bank Conservation Act, referred to in subsec. 
(a)(1), is classified to section 206 of Title 12, Banks and Banking.
    Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, 
referred to in subsec. (a)(1), are classified to sections 1422b(b) and 
1441a(e)(4), respectively, of Title 12, Banks and Banking.
    Section 2A(i) of the Home Owners' Loan Act, referred to in subsec. 
(a)(1), probably should be a reference to section 3(g) of the Home 
Owners' Loan Act, act June 13, 1933, ch. 64, as amended by Pub. L. 101-
73, title III, Sec. 301, Aug. 9, 1989, 103 Stat. 278, which is 
classified to section 1462a(g) of Title 12, Banks and Banking.
    Sections 5.11 and 5.58 of the Farm Credit Act of 1971, referred to 
in subsec. (a)(1), are classified to sections 2245 and 2277a-7, 
respectively, of Title 12, Banks and Banking.
    Sections 403a-403c, 403e-403h, and 403j of title 50, referred to in 
subsec. (a)(3), was in the original (78 Stat. 432) a reference to ``the 
Central Intelligence Agency Act of 1949, as amended (50 U.S.C. 403a and 
the following''. Subsequent to the enactment of Title 5, Government 
Organization and Employees, by Pub. L. 89-554, additional sections have 
been added to the 1949 Act and are classified to sections 403k to 403r, 
and 403s to 403v of Title 50, War and National Defense.
    Level III of the Executive Schedule, referred to in subsec. (b), is 
set out in section 5314 of this title.


                               Amendments

    1999--Pub. L. 106-65 designated existing provisions as subsec. (a), 
substituted ``(a) Except as provided in subsection (b) and'' for 
``Except as provided'', and added subsec. (b).
    1996--Pub. L. 104-201 redesignated pars. (2) to (4) as (1) to (3), 
respectively, and struck out former par. (1) which read as follows: 
``section 1202 of the Panama Canal Act of 1979;''.
    1990--Pub. L. 101-509 substituted ``rate for level IV of the 
Executive Schedule.'' for ``maximum rate for GS-18.''
    1989--Par. (2). Pub. L. 101-73, Sec. 1209, amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``sections 248, 
481, 1437, 1439, and 1819 of title 12;''.
    Pub. L. 101-73, Sec. 742(b), inserted references to sections 1437 
and 1439 of title 12.
    1979--Par. (1). Pub. L. 96-70 substituted ``section 1202 of the 
Panama Canal Act of 1979'' for ``section 121 of title 2, Canal Zone Code 
(76A Stat. 15)''.


                    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 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 5376, 5382 of this title; 
title 10 sections 2113, 9314; title 38 section 7281.
