5 U.S. Code § 9807 - Pay authority for critical positions
Pay authority for critical positions
(a) In this section, the term “position” means—
(b) Authority under this section—
(1) may be exercised only with respect to a position that—
is described as addressing a critical need in the workforce plan under section 9802(b)(2)(A); and
may be exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position; and
Notwithstanding section 5377, the Administrator may fix the rate of basic pay for a position in the Administration in accordance with this section. The Administrator may not delegate this authority.
The rate of basic pay fixed under this section may not be less than the rate of basic pay (including any comparability payments) which would otherwise be payable for the position involved if this section had never been enacted.
The annual rate of basic pay fixed under this section may not exceed the per annum rate of salary payable under section 104 of title 3.
Notwithstanding any provision of section 5307, in the case of an employee who, during any calendar year, is receiving pay at a rate fixed under this section, no allowance, differential, bonus, award, or similar cash payment may be paid to such employee if, or to the extent that, when added to basic pay paid or payable to such employee (for service performed in such calendar year as an employee in the executive branch or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the per annum rate of salary which, as of the end of such calendar year, is payable under section 104 of title 3.