
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: 5USC5376]

 
             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. 5376. Pay for certain senior-level positions

    (a) This section applies to--
        (1) positions that are classified above GS-15 pursuant to 
    section 5108; and
        (2) scientific or professional positions established under 
    section 3104;

but does not apply to--
        (A) any Senior Executive Service position under section 3132; or
        (B) any position in the Federal Bureau of Investigation and Drug 
    Enforcement Administration Senior Executive Service under section 
    3151.

    (b)(1) Subject to such regulations as the Office of Personnel 
Management prescribes, the head of the agency concerned shall fix the 
rate of basic pay for any position within such agency to which this 
section applies. A rate fixed under this section shall be--
        (A) not less than 120 percent of the minimum rate of basic pay 
    payable for GS-15 of the General Schedule; and
        (B) not greater than the rate of basic pay payable for level IV 
    of the Executive Schedule.

The payment of a rate of basic pay under this section shall not be 
subject to the pay limitation of section 5306(e) or 5373.
    (2) Subject to paragraph (1), 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 in the 
rates of pay under the General Schedule, each rate of pay established 
under this section for positions within an agency shall be adjusted by 
such amount as the head of such agency considers appropriate.

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 102(a)(1)], 
Nov. 5, 1990, 104 Stat. 1427, 1443.)

                       References in Text

    The General Schedule, referred to in subsec. (b), is set out under 
section 5332 of this title.
    Level IV of the Executive Schedule, referred to in subsec. 
(b)(1)(B), is set out in section 5315 of this title.


                             Effective Date

    Section 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 an Effective Date of 1990 Amendment note under section 5301 of this 
title.


   References in Other Laws to GS-16, 17, or 18 Pay Rates; Regulations

    Section 529 [title I, Sec. 101(c), (d)] of Pub. L. 101-509 provided 
that:
    ``(c) Other References.--Until otherwise provided by law--
        ``(1) any reference in a provision of law (which is outside 
    title 5, United States Code, and in effect immediately before this 
    section takes effect [see Effective Date of 1990 Amendment note set 
    out under section 5301 of this title], excluding any reference in a 
    provision of law amended by this Act [see Short Title of 1990 
    Amendment note set out under section 5301 of this title])--
            ``(A)(i) to the rate of pay for grade GS-18 of the General 
        Schedule, or to the maximum rate of pay under the General 
        Schedule, shall be considered a reference to the maximum rate 
        payable under section 5376 of such title (as amended by section 
        102(a));
            ``(ii) to the minimum rate of pay for grade GS-16 of the 
        General Schedule shall be considered a reference to the minimum 
        rate payable under section 5376 of such title (as amended by 
        section 102(a)); and
            ``(iii) to a rate of pay for grade GS-16 or 17 of the 
        General Schedule shall (except as provided in clause (ii)) be 
        considered a reference to a rate of pay for a position 
        classified above GS-15 pursuant to section 5108 of such title 
        (as amended by section 102(b)(2)); and
            ``(B) to a rate of pay under the General Schedule shall not 
        include any comparability payment payable under section 5304 of 
        such title (as amended by this section) or any geographic 
        adjustment payable under section 302 [section 529 [title III, 
        Sec. 302] of Pub. L. 101-509, set out as a note under section 
        5304 of this title]; and
        ``(2) any authority granted by a provision of law (which is 
    outside such title, and in effect immediately before this section 
    takes effect) to fix pay in accordance with chapter 51 and 
    subchapter III of chapter 53 of such title--
            ``(A) shall not be considered to include any authority under 
        section 5304 of such title (as amended by this section) or 
        section 302; but
            ``(B) shall be considered to include authority under section 
        5376 of such title (as amended by section 102(a)), if 
        applicable.
    ``(d) Regulations.--The Office of Personnel Management may prescribe 
regulations, consistent with subsection (c)(1)(B) and section 303 
[section 529 [title III, Sec. 303] of Pub. L. 101-509, set out as a note 
under section 5301 of this title], governing the conversion or 
adjustment of rates of pay, where necessary because of the abolishment 
of grades GS-16, 17, and 18 of the General Schedule.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3405, 5304, 5331, 5382, 
5595, 5948, 9509 of this title; title 7 section 7317; title 10 section 
180; title 20 section 6011; title 33 sections 1123, 1128; title 36 
sections 2302, 2303, 2307; title 42 sections 1863, 1864, 5612, 5651.
