Legal Opinion
Application of the Statutory Pay Cap on Administratively Determined Pay in 5 U.S.C. § 5373 to the National Science Foundation
Department of Justice Office of Legal Counsel
Decided November 29, 2023Published
1Opinion of the Court
(Slip Opinion) Application of the Statutory Pay Cap on Administratively Determined Pay in
5 U.S.C. § 5373
to the National Science Foundation 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 pur- pose of mitigating the effect that…
2Cases cited13 opinions
- Heckler v. ChaneySupreme Court of the United States · 1985
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- Porter v. Warner Holding Co.Supreme Court of the United States · 1946
- Andrus v. Glover Construction Co.Supreme Court of the United States · 1980
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