
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: 5USC5377]

 
             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. 5377. Pay authority for critical positions

    (a) For the purpose of this section--
        (1) the term ``agency'' has the meaning given it by section 
    5102; and
        (2) the term ``position'' means--
            (A) a position to which chapter 51 applies, including a 
        position in the Senior Executive Service or the Federal Bureau 
        of Investigation and Drug Enforcement Administration Senior 
        Executive Service;
            (B) a position under the Executive Schedule under sections 
        5312-5317;
            (C) a position to which section 5372 applies (or would 
        apply, but for this section);
            (D) a position to which section 5372a applies (or would 
        apply, but for this section);
            (E) a position established under section 3104; and
            (F) a position in a category as to which a designation is in 
        effect under subsection (i).

    (b) Authority under this section--
        (1) may be granted or exercised only with respect to a 
    position--
            (A) which requires expertise of an extremely high level in a 
        scientific, technical, professional, or administrative field; 
        and
            (B) which is critical to the agency's successful 
        accomplishment of an important mission; and

        (2) may be granted or exercised only to the extent necessary to 
    recruit or retain an individual exceptionally well qualified for the 
    position.

    (c) The Office of Management and Budget, in consultation with the 
Office of Personnel Management, may, upon the request of the head of an 
agency, grant authority to fix the rate of basic pay for 1 or more 
positions in such agency in accordance with this section.
    (d)(1) The rate of basic pay fixed under this section by an agency 
head may not be less than the rate of basic pay (including any 
comparability payments) which would then otherwise be payable for the 
position involved if this section had never been enacted.
    (2) Basic pay may not be fixed under this section at a rate greater 
than the rate payable for level I of the Executive Schedule, except upon 
written approval of the President.
    (e) The authority to fix the rate of basic pay under this section 
for a position shall terminate--
        (1) whenever the Office of Management and Budget determines (in 
    accordance with such procedures and subject to such terms or 
    conditions as such Office by regulation prescribes) that 1 or more 
    of the requirements of subsection (b) are no longer met; or
        (2) as of such date as such Office may otherwise specify, except 
    that termination under this paragraph may not take effect before the 
    authority has been available for such position for at least 1 
    calendar year.

    (f) The Office of Management and Budget may not authorize the 
exercise of authority under this section with respect to more than 800 
positions at any time, of which not more than 30 may, at any such time, 
be positions the rate of basic pay for which would otherwise be 
determined under subchapter II.
    (g) The Office of Management and Budget shall consult with the 
Office of Personnel Management before prescribing regulations under this 
section or making any decision to grant or terminate any authority under 
this section.
    (h) The Office of Management and Budget shall report to the 
Committee on Post Office and Civil Service of the House of 
Representatives and the Committee on Governmental Affairs of the Senate 
each year, in writing, on the operation of this section. Each report 
under this subsection shall include--
        (1) the number of positions, in the aggregate and by agency, for 
    which higher rates of pay were authorized or paid under this section 
    during any part of the period covered by such report; and
        (2) the name of each employee to whom a higher rate of pay was 
    paid under this section during any portion of the period covered by 
    such report, the rate on rates paid under this section during such 
    period, the dates between which each such higher rate was paid, and 
    the rate or rates that would have been paid but for this section.

    (i)(1) For the purpose of this subsection, the term ``position'' 
means the work, consisting of the duties and responsibilities, 
assignable to an employee, except that such term does not include any 
position under subsection (a)(2)(A)-(E).
    (2) At the request of an agency head, the President may designate 1 
or more categories of positions within such agency to be treated, for 
purposes of this section, as positions within the meaning of subsection 
(a)(2).

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 103(a)], Nov. 
5, 1990, 104 Stat. 1427, 1444; amended Pub. L. 102-378, Sec. 2(34), Oct. 
2, 1992, 106 Stat. 1350.)

                       References in Text

    Level I of the Executive Schedule, referred to in subsec. (d)(2), is 
set out in section 5312 of this title.


                               Amendments

    1992--Subsec. (a)(2)(E), (F). Pub. L. 102-378, Sec. 2(34)(A), added 
subpars. (E) and (F).
    Subsec. (i). Pub. L. 102-378, Sec. 2(34)(B), added subsec. (i).


                             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.

      Abolition of House Committee on Post Office and Civil Service

    Committee on Post Office and Civil Service of House of 
Representatives abolished by House Resolution No. 6, One Hundred Fourth 
Congress, Jan. 4, 1995. References to Committee on Post Office and Civil 
Service treated as referring to Committee on Government Reform and 
Oversight, see section 1(b) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress. Committee on Government 
Reform and Oversight of House of Representatives changed to Committee on 
Government Reform of House of Representatives by House Resolution No. 5, 
One Hundred Sixth Congress, Jan. 6, 1999.

                         Delegation of Functions

    Authority of President under subsec. (i)(2) of this section 
delegated to Director of Office of Management and Budget by Ex. Ord. No. 
12828, Sec. 2, Jan. 5, 1993, 58 F.R. 2965, set out as a note under 
section 3502 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5304, 5948, 9502 of this 
title; title 42 section 237.
