§5306 — Title 5 Government Organization and Employees | U.S. Code

Summary

Allows certain employees whose pay is set by agency decision to get the same pay increases Congress gives under section 5303. It covers workers in the legislative, executive, and judicial branches (except those paid by the Secretary of the Senate or the House Chief Administrative Officer), employees under the Architect of the Capitol including the House garage superintendent, and people employed by the county committees under 16 U.S.C. 590h(b). Their pay rates, and any minimums, maximums, or pay limits, can be raised by no more than the amount of the section 5303 adjustment. If there is no matching rate, the agency should give an equal or equivalent increase as much as possible. Minimums, maximums, or limits are adjusted using the same percentage and rounded to the nearest $100. The agency in charge decides how to make the change. This does not apply to pay already tied to prevailing market rates, does not take away agencies’ authority to set pay, and it cannot raise pay above the basic pay for Executive Schedule level V.

Title 5, §5306

Government Organization and Employees — Source: USLM XML via OLRC

(a)Notwithstanding section 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31—

(1)the rates of pay of—

(A)employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;

(B)employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a 11 See References in Text note below. of title 40, and the Superintendent of Garages, House office buildings; and

(C)persons employed by the county committees established under section 590h(b) of title 16; and

(2)and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1);

(i)by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay;

(ii)if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or

(iii)in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303.

(b)An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate.

(c)This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.

(d)This section does not impair any authority under which rates of pay may be fixed by administrative action.

(e)Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 166b–3a of title 40, referred to in subsec. (a)(1)(B), means section 166b–3a of former Title 40, Public Buildings, Property, and Works, which was transferred to section 1848 of Title 2, The Congress. The General Schedule, referred to in subsec. (a)(2), is set out under section 5332 of this title. Level V of the Executive Schedule, referred to in subsec. (e), is set out in section 5316 of this title.

Amendments

1996—Subsec. (a)(1)(A). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”. 1992—Subsec. (a)(1)(B). Pub. L. 102–378 substituted “section 166b–3a” for “section 166b–3”. 1990—Pub. L. 101–509 amended section generally, substituting provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees for provisions establishing Advisory Committee on Federal Pay and setting forth its duties.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

§5306 Pay fixed by administrative action