5 Usc 5379

§ 5379

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

made by subsection (a)(1)(A) [enacting this section],
such individual would (but for this paragraph) be
paid—
‘‘(I) at the step of the grade for which such special
pay rate is then in effect; or
‘‘(II) at a level which is between steps for which
special pay rates are then in effect; and
‘‘(ii) such position is within the area or location
with respect to which that special pay rate or those
special pay rates, as applicable, are then in effect.
The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall
apply in a situation described in clause (i)(II).
‘‘(B) For the purpose of this paragraph, the term ‘special pay rate’ means a rate which—
‘‘(i) is established under section 5303 of title 5,
United States Code (or a succeeding provision of law);
‘‘(ii) is applicable to positions within the police
forces of the Bureau of Engraving and Printing and
the United States Mint; and
‘‘(iii) has been in effect (including any adjustments
under section 5303(d) of such title) since on or before
the effective date of this section.
‘‘(3) No rate of basic pay in effect immediately before
this section takes effect shall be reduced by reason of
the enactment of this section.’’
SPECIAL PAY RATES NOT AFFECTED
Section 529 [title I, § 109(b)] of Pub. L. 101–509, as
amended by Pub. L. 102–378, § 3(1), Oct. 2, 1992, 106 Stat.
1355, provided that: ‘‘Nothing in this section or in any
amendment made by this section [enacting this section, amending section 5102 of this title, and enacting
provisions set out as a note above] shall—
‘‘(1) affect any special pay rate under section 5303 of
title 5, United States Code, established before this
section takes effect; or
‘‘(2) impair any authority to fix or adjust special
pay rates under such section 5303 (or a succeeding
provision of law) for positions within the police forces
of the Bureau of Engraving and Printing and the
United States Mint.’’
[Amendment by Pub. L. 102–378 to section 529 [title I,
§ 109(b)] of Pub. L. 101–509, set out above, effective Nov.
5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as
an Effective Date of 1992 Amendment note under section 6303 of this title.]

§ 5379. Student loan repayments
(a)(1) For the purpose of this section—
(A) the term ‘‘agency’’ means an agency
under subparagraph (A), (B), (C), (D), or (E) of
section 4101(1) of this title, the Architect of
the Capitol, the Botanic Garden, and the Office of Congressional Accessibility Services;
and
(B) the term ‘‘student loan’’ means—
(i) a loan made, insured, or guaranteed
under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
(ii) a loan made under part D or E of title
IV of the Higher Education Act of 1965 (20
U.S.C. 1087a et seq., 1087aa et seq.); and
(iii) a health education assistance loan
made or insured under part A of title VII of
the Public Health Service Act (42 U.S.C. 292
et seq.) or under part E of title VIII of such
Act (42 U.S.C. 297a et seq.).
(2) An employee shall be ineligible for benefits
under this section if the employee occupies a position that is excepted from the competitive
service because of its confidential, policy-determining, policy-making, or policy-advocating
character.
(b)(1) The head of an agency may, in order to
recruit or retain highly qualified personnel, es-

Page 446

tablish a program under which the agency may
agree to repay (by direct payments on behalf of
the employee) any student loan previously
taken out by such employee.
(2) Payments under this section shall be made
subject to such terms, limitations, or conditions
as may be mutually agreed to by the agency and
employee concerned, except that the amount
paid by an agency under this section may not
exceed—
(A) $10,000 for any employee in any calendar
year; or
(B) a total of $60,000 in the case of any employee.
(3) Nothing in this section shall be considered
to authorize an agency to pay any amount to reimburse an employee for any repayments made
by such employee prior to the agency’s entering
into an agreement under this section with such
employee.
(c)(1) An employee selected to receive benefits
under this section must agree in writing, before
receiving any such benefit, that the employee
will—
(A) remain in the service of the agency for a
period specified in the agreement (not less
than 3 years), unless involuntarily separated;
and
(B) if separated involuntarily on account of
misconduct, or voluntarily, before the end of
the period specified in the agreement, repay to
the Government the amount of any benefits
received by such employee from that agency
under this section.
(2) The payment agreed to under paragraph
(1)(B) of this subsection may not be required of
an employee who leaves the service of such employee’s agency voluntarily to enter into the
service of any other agency unless the head of
the agency that authorized the benefits notifies
the employee before the effective date of such
employee’s entrance into the service of the
other agency that payment will be required
under this subsection.
(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under
paragraph (2) of this subsection) is voluntarily
separated before completing the required period
of service fails to repay the amount agreed to
under paragraph (1)(B) of this subsection, a sum
equal to the amount outstanding is recoverable
by the Government from the employee (or such
employee’s estate, if applicable) by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other
amount due the employee from the Government; and
(B) such other method as is provided by law
for the recovery of amounts owing to the Government.
The head of the agency concerned may waive, in
whole or in part, a right of recovery under this
subsection if it is shown that recovery would be
against equity and good conscience or against
the public interest.
(4) Any amount repaid by, or recovered from,
an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was

Page 447

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

originally paid. Any amount so credited shall be
merged with other sums in such account and
shall be available for the same purposes and period, and subject to the same limitations (if
any), as the sums with which merged.
(d) An employee receiving benefits under this
section from an agency shall be ineligible for
continued benefits under this section from such
agency if the employee—
(1) separates from such agency; or
(2) does not maintain an acceptable level of
performance, as determined under standards
and procedures which the agency head shall by
regulation prescribe.
(e) In selecting employees to receive benefits
under this section, an agency shall, consistent
with the merit system principles set forth in
paragraphs (1) and (2) of section 2301(b) of this
title, take into consideration the need to maintain a balanced workforce in which women and
members of racial and ethnic minority groups
are appropriately represented in Government
service.
(f) Any benefit under this section shall be in
addition to basic pay and any other form of
compensation otherwise payable to the employee involved.
(g) The Director of the Office of Personnel
Management, after consultation with heads of a
representative number and variety of agencies
and any other consultation which the Director
considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to
provide for reasonable uniformity among programs under this section.
(h)(1) Each head of an agency shall maintain,
and annually submit to the Director of the Office of Personnel Management, information with
respect to the agency on—
(A) the number of Federal employees selected to receive benefits under this section;
(B) the job classifications for the recipients;
and
(C) the cost to the Federal Government of
providing the benefits.
(2) The Director of the Office of Personnel
Management shall prepare, and annually submit
to Congress, a report containing the information
submitted under paragraph (1), and information
identifying the agencies that have provided benefits under this section.
(Added Pub. L. 101–510, div. A, title XII,
§ 1206(b)(1), Nov. 5, 1990, 104 Stat. 1659; amended
Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(a), (b),
(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–316; Pub.
L. 108–123, § 2, Nov. 11, 2003, 117 Stat. 1345; Pub. L.
108–136, div. A, title XI, § 1123(a), Nov. 24, 2003, 117
Stat. 1637; Pub. L. 110–437, title V, § 502, Oct. 20,
2008, 122 Stat. 4997.)
REFERENCES IN TEXT
The Higher Education Act of 1965, referred to in subsec. (a)(1)(B)(i), (ii), is Pub. L. 89–329, Nov. 8, 1965, 79
Stat. 1219, as amended. Parts B, D, and E of title IV of
the Act are classified to parts B (§ 1071 et seq.), C
(§ 1087a et seq.), and D (§ 1087aa et seq.), respectively, of
subchapter IV of chapter 28 of Title 20, Education. For
complete classification of this Act to the Code, see
Short Title note set out under section 1001 of Title 20
and Tables.

§ 5379

The Public Health Service Act, referred to in subsec.
(a)(1)(B)(iii), is act July 1, 1944, ch. 373, 58 Stat. 682, as
amended. Part A of title VII of the Act is classified
generally to part A (§ 292 et seq.) of subchapter V of
chapter 6A of Title 42, The Public Health and Welfare.
Part E of title VIII of the Act is classified generally to
part E (§ 297a et seq.) of subchapter VI of chapter 6A of
Title 42. For complete classification of this Act to the
Code, see Short Title note set out under section 201 of
Title 42 and Tables.
AMENDMENTS
2008—Subsec. (a)(1)(A). Pub. L. 110–437 inserted ‘‘, the
Architect of the Capitol, the Botanic Garden, and the
Office of Congressional Accessibility Services’’ after
‘‘title’’.
2003—Subsec. (b)(2)(A). Pub. L. 108–123, § 2(1), and Pub.
L. 108–136 amended subpar. (A) identically, substituting
‘‘$10,000’’ for ‘‘$6,000’’.
Subsec. (b)(2)(B). Pub. L. 108–123, § 2(2), substituted
‘‘$60,000’’ for ‘‘$40,000’’.
2000—Subsec. (a)(1)(B)(i). Pub. L. 106–398, § 1 [[div. A],
title XI, § 1122(a)(1)], inserted ‘‘(20 U.S.C. 1071 et seq.)’’
before semicolon.
Subsec. (a)(1)(B)(ii). Pub. L. 106–398, § 1 [[div. A], title
XI, § 1122(a)(2)], substituted ‘‘part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq., 1087aa et seq.)’’ for ‘‘part E of title IV of the Higher Education Act of 1965’’.
Subsec. (a)(1)(B)(iii). Pub. L. 106–398, § 1 [[div. A], title
XI, § 1122(a)(3)], substituted ‘‘part A of title VII of the
Public Health Service Act (42 U.S.C. 292 et seq.) or
under part E of title VIII of such Act (42 U.S.C. 297a et
seq.)’’ for ‘‘part C of title VII of Public Health Service
Act or under part B of title VIII of such Act’’.
Subsec. (a)(2). Pub. L. 106–398, § 1 [[div. A], title XI,
§ 1122(b)(1)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘An employee shall be ineligible for benefits under this section if such employee
occupies a position which—
‘‘(A) is excepted from the competitive service because of its confidential, policy-determining, policymaking, or policy-advocating character; or
‘‘(B) is not subject to subchapter III of this chapter.’’
Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title XI,
§ 1122(b)(2)], struck out ‘‘professional, technical, or administrative’’ after ‘‘highly qualified’’.
Subsec. (h). Pub. L. 106–398, § 1 [[div. A], title XI,
§ 1122(d)], added subsec. (h).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–136, div. A, title XI, § 1123(b), Nov. 24, 2003,
117 Stat. 1637, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
on January 1, 2004.’’
REGULATIONS
Pub. L. 106–398, § 1 [[div. A], title XI, § 1122(c)], Oct. 30,
2000, 114 Stat. 1654, 1654A–316, provided that:
‘‘(1) Not later than 60 days after the date of the enactment of this Act [Oct. 30, 2000], the Director of the Office of Personnel Management shall issue proposed regulations under section 5379(g) of title 5, United States
Code. The Director shall provide for a period of not less
than 60 days for public comment on the regulations.
‘‘(2) Not later than 240 days after the date of the enactment of this Act [Oct. 30, 2000], the Director shall
issue final regulations.’’
INSTITUTIONAL LOAN FORGIVENESS PROGRAMS
Pub. L. 110–315, title IX, § 961, Aug. 14, 2008, 122 Stat.
3473, provided that: ‘‘Notwithstanding any other provision of law—
‘‘(1) a public or private institution of higher education may provide an officer or employee of any
branch of the United States Government, of any independent agency of the United States, or of the District of Columbia, who is a current or former student

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

[§ 5380

of such institution, financial assistance for the purpose of repaying a student loan or providing forbearance of student loan repayment if—
‘‘(A) such repayment or forbearance is provided to
such officer or employee in accordance with a written, published policy of the institution relating to
repaying or providing forbearance, respectively, for
students or former students who perform public
service; and
‘‘(B) in the case of a former student of the institution of higher education, the policy described in
subparagraph (A) was in effect at the institution of
higher education on the day before the date such officer or employee graduated from or otherwise
ceased being a student at such institution; and
‘‘(2) an officer or employee of any branch of the
United States Government, of any independent agency of the United States, or of the District of Columbia may receive repayment or forbearance permitted
under paragraph (1).’’

[§ 5380. Repealed. Pub. L. 102–378, § 8(a), Oct. 2,
1992, 106 Stat. 1359]
Section, added Pub. L. 101–510, div. A, title XII,
§ 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay authority for critical positions. See section 5377 of this
title. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510,
§ 1206(i)(1), and provided that this title shall read as if
section 1206(i)(1) had not been enacted.
Pub. L. 101–510, § 1206(i)(3), provided that (A) unless
section 5380 of this title did not take effect as provided
in subpar. (B), such section would cease to be in effect
on the earlier of Oct. 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act
of 1990 [Nov. 5, 1990], and (B) section 5380 of this title
would not take effect if the Federal Employees Pay
Comparability Act of 1990 [Pub. L. 101–509] was enacted
before the date of the enactment of this Act [Nov. 5,
1990]. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510,
§ 1206(i)(3), and provided that this title shall read as if
section 1206(i)(3) had not been enacted.
EFFECTIVE DATE OF REPEAL
Repeal effective Nov. 5, 1990, see section 9(b)(6) of
Pub. L. 102–378, set out as an Effective Date of 1992
Amendment note under section 6303 of this title.

SUBCHAPTER VIII—PAY FOR THE SENIOR
EXECUTIVE SERVICE
§ 5381. Definitions
For the purpose of this subchapter, ‘‘agency’’,
‘‘Senior Executive Service position’’, ‘‘career appointee’’, and ‘‘senior executive’’ have the meanings set forth in section 3132(a) of this title.
(Added Pub. L. 95–454, title IV, § 407(a), Oct. 13,
1978, 92 Stat. 1171; amended Pub. L. 101–136, title
VI, § 625(b), Nov. 3, 1989, 103 Stat. 823.)
AMENDMENTS
1989—Pub. L. 101–136 inserted ‘‘ ‘career appointee’,’’
before ‘‘and’’.
EFFECTIVE DATE
Subchapter effective 9 months after Oct. 13, 1978, and
congressional review of provisions of sections 401
through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of
Pub. L. 95–454, set out as a note under section 3131 of
this title.

§ 5382. Establishment of rates of pay for the Senior Executive Service
(a) Subject to regulations prescribed by the
Office of Personnel Management, there shall be
established a range of rates of basic pay for the

Page 448

Senior Executive Service, and each senior executive shall be paid at one of the rates within the
range, based on individual performance, contribution to the agency’s performance, or both,
as determined under a rigorous performance
management system. The lowest rate of the
range shall not be less than the minimum rate
of basic pay payable under section 5376, and the
highest rate, for any position under this system
or an equivalent system as determined by the
President’s Pay Agent designated under section
5304(d), shall not exceed the rate for level III of
the Executive Schedule. The payment of the
rates shall not be subject to the pay limitation
of section 5306(e) or 5373.
(b) Notwithstanding the provisions of subsection (a), the applicable maximum shall be
level II of the Executive Schedule for any agency that is certified under section 5307 as having
a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
(c) No employee may suffer a reduction in pay
by reason of transfer from an agency with an applicable maximum rate of pay prescribed under
subsection (b) to an agency with an applicable
maximum rate of pay prescribed under subsection (a).
(Added Pub. L. 95–454, title IV, § 407(a), Oct. 13,
1978, 92 Stat. 1171; amended Pub. L. 101–509, title
V, § 529 [title I, § 101(b)(4)(B), (6)(A), (9)(I)], Nov.
5, 1990, 104 Stat. 1427, 1439, 1440, 1442; Pub. L.
108–136, div. A, title XI, § 1125(a)(2), Nov. 24, 2003,
117 Stat. 1638.)
REFERENCES IN TEXT
Level III of the Executive Schedule, referred to in
subsec. (a), is set out in section 5314 of this title.
Level II of the Executive Schedule, referred to in subsec. (b), is set out in section 5313 of this title.
AMENDMENTS
2003—Pub. L. 108–136 substituted ‘‘Establishment of
rates of pay for the Senior Executive Service’’ for ‘‘Establishment and adjustment of rates of pay for the Senior Executive Service’’ in section catchline and amended text generally. Prior to amendment, text read as follows:
‘‘(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 under section 5376
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 limitation of section
5306(e) 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 5303 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.
‘‘(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.’’
1990—Subsec. (b). Pub. L. 101–509, § 529 [title I,
§ 101(b)(6)(A), (9)(I)], substituted ‘‘under section 5376’’