---
kind: "section"
citation: "5 U.S.C. § 5306"
title: "5"
title_heading: "Government Organization and Employees"
number: "5306"
heading: "Pay fixed by administrative action"
release: "119-102"
url: "https://uscodex.org/usc/5/5306"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter I — Pay Comparability System"
---

# §5306. Pay fixed by administrative action

- (a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of [chapter 15](/usc/31/chstII-ch15.md) of title 31—
  - (1) the rates of pay of—
    - (A) [employees](/usc/5/5361.md?p=1) in the legislative, executive, and judicial branches of the Government of the United States (except [employees](/usc/5/5361.md?p=1) 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](/usc/5/5361.md?p=1) under the Architect of the Capitol, whose rates of pay are fixed under section 166b–3a[^1] of [title 40](/usc/40.md), and the Superintendent of Garages, House office buildings; and
    - (C) persons employed by the county committees established under [section 590h(b) of title 16](/usc/16/590h.md?p=b); 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](/usc/5/5303.md) (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to [employees](/usc/5/5361.md?p=1) described in subparagraphs [(A)](#a-1-A), [(B)](#a-1-B), and [(C)](#a-1-C) of paragraph (1);

  may be adjusted, by the appropriate [authority](/usc/5/7103.md?p=a-6) concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under [section 5303](/usc/5/5303.md) (or prior provision of law), by whichever of the following methods the appropriate [authority](/usc/5/7103.md?p=a-6) concerned considers appropriate—

  - (i) by an amount or amounts not in excess of the pay adjustment provided under [section 5303](/usc/5/5303.md) 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](/usc/5/5531.md?p=2), to the amount of the pay adjustment provided under [section 5303](/usc/5/5303.md); 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](/usc/5/5303.md).
- (b) An adjustment under [subsection (a)](#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](/usc/5/7103.md?p=a-6) concerned considers appropriate.
- (c) This section does not authorize any adjustment in the rates of pay of [employees](/usc/5/5361.md?p=1) 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](/usc/5/7103.md?p=a-6) under which rates of pay may be fixed by administrative action.
- (e) Pay may not be paid, by reason of any exercise of [authority](/usc/5/7103.md?p=a-6) under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 91–656, § 3(a), Jan. 8, 1971, 84 Stat. 1949; amended Pub. L. 101–509, title V, § 529 [title I, § 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1437; Pub. L. 102–378, § 2(27), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104–186, title II, § 215(3), Aug. 20, 1996, 110 Stat. 1745.)

## Notes

### 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 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.