Application of the Statutory Pay Cap on Administratively Determined Pay in 5 U.S.C. § 5373 to the National Science Foundation

Syllabus

The statutory pay cap on administratively determined pay in 5 U.S.C. § 5373 applies to the salaries that the National Science Foundation Director fixes under 42 U.S.C. § 1873(a)(1). Because some NSF employees are currently receiving salaries above section 5373's cap, NSF must promptly take steps to come into compliance with the pay cap. NSF lacks the authority to continue to pay salaries above the cap for the purpose of mitigating the effect that implementing the cap will have on its employees.