Sec. 749. ### (a)

822 words·~4 min read·/statute-compilations/comps-15646/sec-749

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## SEC. 749 ###

(a)**[**[5 U.S.C. 5303 note](/us/usc/t5/s5303)**]** Notwithstanding the official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice President during calendar year 2020 shall be the rate payable to the Vice President on December 31, 2019, by operation of section 749 of division D of Public Law 116-6. ###

(b)Notwithstanding the official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2020 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on December 31, 2019, by operation of section 749 of division D of Public Law 116-6. Such an employee may not receive a pay rate increase during calendar year 2020, except as provided in subsection (i). ###

(c)Notwithstanding section 401 of the Foreign Service Act of 1980 (Public Law 96-465) or any other provision of law, a chief of mission or ambassador at large is subject to subsection

(b)in the same manner as other employees who are paid at an Executive Schedule rate. ###

(d)####

(1)This subsection applies to— #####

(A)a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or #####

(B)a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule. ####

(2)Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph

(1)may not receive a pay rate increase during calendar year 2020, except as provided in subsection (i). ###

(e)Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality- based payments under section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase during calendar year 2020, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS-15 or below if chapter 51 of title 5, United States Code, applied to them. ###

(f)Nothing in subsections

(b)through

(e)shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. ###

(g)This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section 3392(c) of title 5, United States Code, for such time as that election is in effect. ###

(h)This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such time as that election is in effect. ###

(i)Notwithstanding subsections

(b)through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2019, by operation of section 749 of division D of Public Law 116-6. ###

(j)Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2019, by operation of section 749 of division D of Public Law 116-6. ###

(k)If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2020 but ends in calendar year 2021, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period. ###

(l)For the purpose of this section, the term “covered position” means a position occupied by an employee whose pay is restricted under this section. ###

(m)This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2020.

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