
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: 5USC5392]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
             SUBCHAPTER IX--SPECIAL OCCUPATIONAL PAY SYSTEMS
 
Sec. 5392. Establishment of special occupational pay systems

    (a) Authority under this section may be exercised with respect to 
any occupation or group of occupations to which subchapter III applies 
(or would apply but for this section).
    (b) Subject to subsection (a), the President's pay agent (as 
referred to in section 5304(d)) may establish one or more special 
occupational pay systems for any positions within occupations or groups 
of occupations that the pay agent determines, for reasons of good 
administration, should not be classified under chapter 51 or subject to 
subchapter III.
    (c) In establishing special occupational pay systems, the pay agent 
shall--
        (1) identify occupations or groups of occupations for which 
    chapter 51 and subchapter III do not function adequately;
        (2) consider alternative approaches for determining the pay for 
    employees in positions in such occupations or groups of occupations;
        (3) give thorough consideration to the views of agencies 
    employing such employees and labor organizations representing such 
    employees, as well as other interested parties;
        (4) publish a proposed plan for determining the pay of such 
    employees in the Federal Register;
        (5) conduct one or more public hearings;
        (6) provide each House of Congress with a report at least 90 
    days in advance of the date the system is to take effect setting 
    forth the details of the proposed plan; and
        (7) not later than 30 days before the date the system is to take 
    effect, publish in the Federal Register the details of the final 
    plan for the special occupational pay system.

    (d) A special occupational pay system may not--
        (1) provide for a waiver of any law, rule, or regulation that 
    could not be waived under section 4703(c); or
        (2) provide a rate of basic pay for any employee in excess of 
    the rate payable for level V of the Executive Schedule.

    (e) Subject to subsection (d)(2), 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 shall be adjusted by such amount as the Office 
considers appropriate.

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 105(a)(1)], 
Nov. 5, 1990, 104 Stat. 1427, 1448.)

                       References in Text

    Level V of the Executive Schedule, referred to in subsec. (d)(2), is 
set out in section 5316 of this title.
    The General Schedule, referred to in subsec. (e), is set out under 
section 5332 of this title.
