§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;

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

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 2212.	Aug. 14, 1964, Pub. L. 88–426, §308, 78 Stat. 432 . Oct. 6, 1964, Pub. L. 88–631, §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, §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, §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, §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, §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.

¹ See References in Text note below.