---
kind: "section"
citation: "5 U.S.C. § 5392"
title: "5"
title_heading: "Government Organization and Employees"
number: "5392"
heading: "Establishment of special occupational pay systems"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5392"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter IX — Special Occupational Pay Systems"
---

# §5392. Establishment of special occupational pay systems

- (a) [Authority](/usc/5/7103.md?p=a-6) under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section).
- (b) Subject to [subsection (a)](#a), the President’s [pay agent](/usc/5/5302.md?p=4) (as referred to in [section 5304(d)](/usc/5/5304.md?p=d)) may establish one or more special occupational [pay](/usc/5/7511.md?p=a-4) [systems](/usc/5/8401.md?p=29) for any [positions](/usc/5/5102.md?p=a-3) within occupations or groups of occupations that the [pay agent](/usc/5/5302.md?p=4) determines, for reasons of good [administration](/usc/5/9801.md?p=1), should not be classified under [chapter 51](/usc/5/chptIII/sptD/ch51.md) or subject to subchapter III.
- (c) In establishing special occupational [pay](/usc/5/7511.md?p=a-4) [systems](/usc/5/8401.md?p=29), the [pay agent](/usc/5/5302.md?p=4) shall—
  - (1) identify occupations or groups of occupations for which [chapter 51](/usc/5/chptIII/sptD/ch51.md) and subchapter III do not function adequately;
  - (2) consider alternative approaches for determining the [pay](/usc/5/7511.md?p=a-4) for [employees](/usc/5/4701.md?p=a-2) in [positions](/usc/5/5102.md?p=a-3) in such occupations or groups of occupations;
  - (3) give thorough consideration to the views of [agencies](/usc/5/3132.md?p=a-1) employing such [employees](/usc/5/4701.md?p=a-2) and [labor organizations](/usc/5/7103.md?p=a-4) representing such [employees](/usc/5/4701.md?p=a-2), as well as other interested parties;
  - (4) publish a proposed plan for determining the [pay](/usc/5/7511.md?p=a-4) of such [employees](/usc/5/4701.md?p=a-2) in the Federal Register;
  - (5) conduct one or more public hearings;
  - (6) provide each House of Congress with a report at least 90 days in advance of the date the [system](/usc/5/8401.md?p=29) is to take effect setting forth the [details](/usc/5/3701.md?p=2) of the proposed plan; and
  - (7) not later than 30 days before the date the [system](/usc/5/8401.md?p=29) is to take effect, publish in the Federal Register the [details](/usc/5/3701.md?p=2) of the final plan for the special occupational [pay](/usc/5/7511.md?p=a-4) [system](/usc/5/8401.md?p=29).
- (d) A special occupational [pay](/usc/5/7511.md?p=a-4) [system](/usc/5/8401.md?p=29) may not—
  - (1) provide for a waiver of any law, rule, or regulation that could not be waived under [section 4703(c)](/usc/5/4703.md?p=c); or
  - (2) provide a rate of [basic pay](/usc/5/8401.md?p=4) for any [employee](/usc/5/4701.md?p=a-2) in excess of the rate payable for level V of the Executive Schedule.
- (e) Subject to [subsection (d)(2)](#d-2), effective at the beginning of the first applicable [pay](/usc/5/7511.md?p=a-4) period commencing on or after the first day of the month in which an adjustment takes effect under [section 5303](/usc/5/5303.md) in the [rates of pay under the General Schedule](/usc/5/5302.md?p=8), each rate of [pay](/usc/5/7511.md?p=a-4) established under this section shall be adjusted by such amount as the [Office](/usc/5/5402.md?p=3) considers appropriate.

## Source credit

(Added Pub. L. 101–509, title V, § 529 [title I, § 105(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1448.)

## Notes

### Editorial Notes

### References in Text

Level V of the Executive Schedule, referred to in subsec. (d)(2), is set out in section 5316 of this title.

The General Schedule, referred to in subsec. (e), is set out under section 5332 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 an Effective Date of 1990 Amendment note under section 5301 of this title.