(2) 150 percent of the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay.

(c) The preceding provisions of this section shall cease to apply to an employee who

(1) has a break in service of one workday or more;

(2) is entitled by operation of this subchapter or chapter 51, 53, or 54 of this title to a rate of basic pay which is equal to or higher than, or declines a reasonable offer of a position the rate of basic pay for which is equal to or higher than, the rate to which the employee is entitled under this section; or

(3) is demoted for personal cause or at the employee's request. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1219.)

§ 5364. Remedial actions

Under regulations prescribed by the Office of Personnel Management, the Office may require any agency

(1) to report to the Office information with respect to vacancies (including impending vacancies);

(2) to take such steps as may be appropriate to assure employees receiving benefits under section 5362 or 5363 of this title. have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections;

(3) to establish a program under which employees receiving benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and

(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1220.)

§ 5365. Regulations

(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter

(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;

(2) to individuals to whom such provisions do not otherwise apply; and

(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1220.)

§ 5366. Appeals

(a) (1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which

was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.

(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal

(A) under section 5112(b) or 5346 (c) of this title, or otherwise, any reclassification of a position; or

(B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.

(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of chapter 71 of this title

(1) any action which is the basis of an individual's entitlement to benefits under this subchapter, and

(2) any termination of any such benefits under this subchapter, shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.

(Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221.)

SUBCHAPTER VII-MISCELLANEOUS PROVISIONS

§ 5371. Scientific and professional positions

Subject to the approval of the Office of Personnel Management, the head of the agency concerned shall fix the annual rate of basic pay for scientific and professional positions established under section 3104 of this title at not less than the minimum rate for GS-16 nor more than the maximum rate for GS-18. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221 and 1224.) § 5372. Administrative law judges

Administrative law judges appointed under section 3105 of this title are entitled to pay prescribed by the Office of Personnel Management independently of agency recommendations or ratings and in accordance with subchapter III of this chapter and chapter 51 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183, 1221 and 1224.)

§ 5373. Limitation on pay fixed by administrative action

Except as provided 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 maximum rate for GS-18. This section does not impair the authorities provided by

(1) section 1202 of the Panama Canal Act of 1979;
(2) sections 248, 481, and 1819 of title 12;

(3) section 831b of title 16; or

(4) sections 403a-403c, 403e-403h, and 403j of title 50.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221; Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 498.) § 5374. Miscellaneous positions in the executive branch

The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (78 Stat. 422), or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the pay rate of a grade and a step of the General Schedule set forth in section 5332 of this title. The head of the agency concerned shall report each action taken under this section to the Office of Personnel Management and publish a notice thereof in the Federal

Register, except when the President determines that the report and publication would be contrary to the interest of national security. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 473; amended Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1221 and 1224.)

§ 5375. Police force of National Zoological Park

The Secretary of the Smithsonian Institution shall fix the per annum rates of basic pay of positions on the police force of the National Zoological Park in accordance with the following provisions:

(1) Private-not more than the rate for GS-7, Step 5; (2) Sergeant-not more than the rate for GS-8, Step 5; (3) Lieutenant-not more than the rate for GS-9, Step 5; (4) Captain-not more than the rate for GS-10, Step 5. (Added Pub. L. 91-34, § 1(a), June 30, 1969, 83 Stat. 41, amended Pub. L. 94-183, § 2(20), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95–454, Oct. 13, 1978, 92 Stat. 1221.)

SUBCHAPTER VIII-PAY FOR THE SENIOR
EXECUTIVE SERVICE

§ 5381. Definitions

For the purpose of this subchapter, "agency", "Senior Executive Service position", and "senior executive" have the meanings set for in section 3132 (a) of this title. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1171.)

§ 5382. Establishment and adjustment of rates of pay for the Senior Executive Service

(a) There shall be 5 or more rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates. The rates of basic pay shall be initially established and thereafter adjusted by the President subject to subsection (b) of this section.

(b) In setting rates of basic pay, the lowest rate for the Senior Executive Service shall not be less than the minimum rate of basic pay payable for GS-16 of the General Schedule and the highest rate shall not exceed the rate for level IV of the Executive Schedule. The payment of the rates shall not be subject to the pay limitations of section 5308 or 5373 of this title.

(c) Subject to subsection (b) of this section, 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 5305 of this title in the rates of pay under the General Schedule, each rate of basic pay for the Senior Executive Service shall be adjusted by an amount determined by the President to be appropriate. The adjusted rates of basic pay for the Senior Executive Service shall be included in the report transmitted to the Congress by the President under section 5305 (a)(3) or (c) (1) of this title.

(d) The rates of basic pay that are established and adjusted under this section shall be printed in the Federal Register and shall supersede any prior rates of basic pay for the Senior Executive Service. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1171.)

§ 5383. Setting individual senior executive pay

(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates established under section 5382 of this title shall be paid to each senior executive under such appointing authority.

(b) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, 5384, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year.

(c) Except for any pay adjustment under section 5382 of this title, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.