Title 5 — Government Organization and Employees — § 5313. Positions at level II
Summary
This U.S. Code page prints 5 U.S.C. § 5313, which places listed offices at level II of the Executive Schedule, paid at the rate set for that level under chapter 11 of title 2, as adjusted by section 5318. The list includes the Deputy Secretary of Defense, the Deputy Secretary of State, the Deputy Secretary of the Treasury, the Deputy Attorney General, the Deputy Director of the Office of Management and Budget, the Administrator of the Federal Emergency Management Agency and the Chairman of the Council of Economic Advisers. Notes give the section's amendment history and older provisions fixing the pay of the Secretary of State and the Attorney General, including a three-judge panel and direct appeal to the Supreme Court for claims under article I, section 6, clause 2, of the Constitution. The page ends with the opening of § 5314, positions at level III.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Page 549 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313
‘‘(2) THREE JUDGE PANEL.—Any claim challenging rate of basic pay shall be the rate determined
the constitutionality of the appointment and con- with respect to such level under chapter 11 of
tinuance in office of the Secretary of State on the title 2, as adjusted by section 5318 of this title:
ground that such appointment and continuance in of-
Deputy Secretary of Defense.
fice is in violation of article I, section 6, clause 2, of
the Constitution, in an action brought under para- Deputy Secretary of State.
graph (1) shall be heard and determined by a panel of Deputy Secretary of State for Management
three judges in accordance with section 2284 of title and Resources.
28, United States Code. It shall be the duty of the dis- Administrator, Agency for International De-
trict court to advance on the docket and to expedite velopment.
the disposition of any matter brought under this sub- Administrator of the National Aeronautics
section. and Space Administration.
‘‘(3) APPEAL.—
‘‘(A) DIRECT APPEAL TO SUPREME COURT.—An ap-
Deputy Secretary of Veterans Affairs.
peal may be taken directly to the Supreme Court of Deputy Secretary of Homeland Security.
the United States from any interlocutory or final Under Secretary of Homeland Security for
judgment, decree, or order upon the validity of the Management.
appointment and continuance in office of the Sec- Administrator of the Transportation Secu-
retary of State under article I, section 6, clause 2, rity Administration.
of the Constitution, entered in any action brought Director, Cybersecurity and Infrastructure
under this subsection. Any such appeal shall be Security Agency.
taken by a notice of appeal filed within 20 days
Deputy Secretary of the Treasury.
after such judgment, decree, or order is entered.
‘‘(B) JURISDICTION.—The Supreme Court shall, if Deputy Secretary of Transportation.
it has not previously ruled on the question pre- Chairman, Nuclear Regulatory Commission.
sented by an appeal taken under subparagraph (A), Chairman, Council of Economic Advisers.
accept jurisdiction over the appeal, advance the ap- Director of the Office of Science and Tech-
peal on the docket, and expedite the appeal. nology.
‘‘(c) EFFECTIVE DATE.—This joint resolution shall Director of the Central Intelligence Agency.
take effect at 12:00 p.m. on January 20, 2009.’’ Secretary of the Air Force.
COMPENSATION AND EMOLUMENTS OF SECRETARY OF Secretary of the Army.
THE TREASURY AT LEVEL IN EFFECT ON JANUARY 1, Secretary of the Navy.
1989 Administrator, Federal Aviation Adminis-
For provisions limiting compensation and emolu- tration.
ments of Secretary of the Treasury at levels in effect Director of the National Science Founda-
on Jan. 1, 1989, see section 1(a) of Pub. L. 103–2, set out tion.
as a note under section 301 of Title 31, Money and Fi- Deputy Attorney General.
nance. Deputy Secretary of Energy.
COMPENSATION AND EMOLUMENTS OF SECRETARY OF Deputy Secretary of Agriculture.
STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1, Director of the Office of Personnel Manage-
1977 ment.
Pub. L. 96–241, § 1, May 3, 1980, 94 Stat. 343, limited the Administrator, Federal Highway Adminis-
compensation and other emoluments attached to the tration.
office of Secretary of State to those in effect Jan. 1, Administrator of the Environmental Protec-
1977, during the period beginning May 3, 1980, and end- tion Agency.
ing on the date on which the first individual appointed Deputy Secretary of Labor.
to that office after May 3, 1980, ceases to hold that of- Deputy Director of the Office of Manage-
fice.
ment and Budget.
COMPENSATION AND EMOLUMENTS OF ATTORNEY GEN- Independent Members, Thrift Depositor Pro-
ERAL; FIXING AT LEVEL IN EFFECT ON JANUARY 1, tection Oversight Board.
1969 Deputy Secretary of Health and Human
Provisions of Pub. L. 93–178, § 1, Dec. 10, 1973, 87 Stat. Services.
697, which fixed the compensation and other emolu- Deputy Secretary of the Interior.
ments attached to the Office of Attorney General at Deputy Secretary of Education.
level in effect on Jan. 1, 1969, notwithstanding any Deputy Secretary of Housing and Urban De-
other provision of law enacted or becoming effective velopment.
during period from noon, Jan. 3, 1969, through noon,
Jan. 2, 1975, were repealed by Pub. L. 94–2, Feb. 18, 1975,
Deputy Director for Management, Office of
89 Stat. 4, effective as of Feb. 4, 1975. Management and Budget.
Director of the Federal Housing Finance
SALARY INCREASES Agency.
For adjustment of salaries under this section, see the Deputy Commissioner of Social Security,
executive order detailing the adjustment of certain Social Security Administration.
rates of pay set out as a note under section 5332 of this Administrator of the Community Develop-
title. ment Financial Institutions Fund.
For prior year salary increases per the recommenda-
Deputy Director of National Drug Control
tion of the President, see Prior Salary Recommenda-
tions notes under section 358 of Title 2, The Congress. Policy.
For miscellaneous provisions dealing with adjust- Members, Board of Governors of the Federal
ments of pay and limitations on use of funds to pay sal- Reserve System.
aries in prior years, see notes under section 5318 of this Under Secretary of Transportation for Pol-
title. icy.
Chief Executive Officer, Millennium Chal-
§ 5313. Positions at level II
lenge Corporation.
Level II of the Executive Schedule applies to Principal Deputy Director of National Intel-
the following positions, for which the annual ligence.
§ 5313 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 550
Director of the National Counterterrorism title IX, § 901(h), Dec. 23, 2016, 130 Stat. 2342; Pub.
Center. L. 115–31, div. N, title III, § 312, May 5, 2017, 131
Administrator of the Federal Emergency Stat. 816; Pub. L. 115–91, div. A, title IX, §§ 903(a),
Management Agency. 910(d), title X, § 1081(b)(1)(C), Dec. 12, 2017, 131
Federal Transit Administrator. Stat. 1512, 1518, 1597; Pub. L. 115–254, div. F, title
Chief Executive Officer, United States Inter- I, § 1413(d)(4), div. K, title I, § 1904(c)(1)(A), Oct. 5,
national Development Finance Corporation. 2018, 132 Stat. 3489, 3546; Pub. L. 116–92, div. A,
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L. title IX, § 902(93)(B), Dec. 20, 2019, 133 Stat. 1554;
89–670, § 10(d)(2), Oct. 15, 1966, 80 Stat. 948; Pub. L. Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), div.
90–83, § 1(13), Sept. 11, 1967, 81 Stat. 198; Pub. L. H, title XC, § 9001(b)(1), Jan. 1, 2021, 134 Stat.
90–407, § 15(a)(1), July 18, 1968, 82 Stat. 366; Pub. 3794, 4766.)
L. 91–644, title I, § 8(b), Jan. 2, 1971, 84 Stat. 1888;
HISTORICAL AND REVISION NOTES
Pub. L. 92–255, title II, § 212(a), Mar. 21, 1972, 86
1966 ACT
Stat. 69; Pub. L. 92–302, § 2(a), May 18, 1972, 86
Stat. 149; Pub. L. 92–352, title I, § 104(1), July 13, Revised Statutes and
Derivation U.S. Code
1972, 86 Stat. 490; Pub. L. 92–596, § 6, Oct. 27, 1972, Statutes at Large
86 Stat. 1318; Pub. L. 93–438, title III, § 310(1), Oct. .................. 5 U.S.C. 2211(b) (less Aug. 14, 1964, Pub. L. 88–426,
11, 1974, 88 Stat. 1252; Pub. L. 93–496, § 16(c), Oct. (15)). § 303(b) (less (15)), 78 Stat.
28, 1974, 88 Stat. 1533; Pub. L. 94–82, title II, 416.
§ 202(b)(2), Aug. 9, 1975, 89 Stat. 419; Pub. L.
94–237, § 4(c)(6), Mar. 19, 1976, 90 Stat. 244; Pub. L. The proviso in paragraph (15) of former section 2211(b)
94–561, § 1(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L. is carried into section 5314. The remainder of paragraph
(15) is omitted but not repealed, see table III. The part
95–91, title VII, § 710(d), Aug. 4, 1977, 91 Stat. 609; of paragraph (15) that is omitted but not repealed pro-
Pub. L. 95–140, § 3(d)(1), Oct. 21, 1977, 91 Stat. 1173; vides that the position of Director of the Federal Bu-
Pub. L. 95–454, title II, § 201(b)(1), Oct. 13, 1978, 92 reau of Investigation shall be in Level II of the Federal
Stat. 1121; Pub. L. 96–54, § 2(a)(25)(A), Aug. 14, Executive Salary Schedule so long as the position is
1979, 93 Stat. 382; Pub. L. 96–465, title II, § 2302, held by the incumbent of the position on August 14,
Oct. 17, 1980, 94 Stat. 2164; Pub. L. 97–449, §§ 3(1), 1964. The omission of this provision from title 5, with-
7(b), Jan. 12, 1983, 96 Stat. 2441, 2444; Pub. L. out repealing the corresponding provision of the source
98–80, § 2(a)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. statute, in effect leaves existing statute unchanged in-
98–216, § 3(a)(1), Feb. 14, 1984, 98 Stat. 6; Pub. L. sofar as it relates to the present incumbent of the posi-
tion of Director of the Federal Bureau of Investigation.
99–348, title V, § 501(d)(1), July 1, 1986, 100 Stat. Standard changes are made to conform with the defi-
708; Pub. L. 99–619, § 2(a)(2), Nov. 6, 1986, 100 Stat. nitions applicable and the style of this title as outlined
3491; Pub. L. 100–204, title I, § 178(a)(1), Dec. 22, in the preface to the report.
1987, 101 Stat. 1362; Pub. L. 100–527, § 13(d), Oct.
25, 1988, 102 Stat. 2643; Pub. L. 100–679, § 11(b), 1967 ACT
Nov. 17, 1988, 102 Stat. 4070; Pub. L. 101–73, title The deletion of paragraph (6) of 5 U.S.C. 5313 reflects
V, § 501(c), Aug. 9, 1989, 103 Stat. 394; Pub. L. the abolition of the position of ‘‘Administrator of the
101–509, title V, § 529 [title I, § 112(b)], Nov. 5, 1990, Housing and Home Finance Agency’’ by the act of Sep-
104 Stat. 1427, 1454; Pub. L. 101–576, title II, tember 9, 1965, Public Law 89–174, sections 5(a), 9(c), 79
Stat. 669, 671.
§ 207(a), Nov. 15, 1990, 104 Stat. 2846; Pub. L.
102–233, title III, § 315(b), Dec. 12, 1991, 105 Stat. Editorial Notes
1772; Pub. L. 102–550, title XIII, § 1351(a), Oct. 28,
1992, 106 Stat. 3969; Pub. L. 103–160, div. A, title AMENDMENTS
IX, § 904(e)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 2021—Pub. L. 116–283, § 9001(b)(1), inserted item relat-
103–296, title I, § 108(e)(2), Aug. 15, 1994, 108 Stat. ing to Director, Cybersecurity and Infrastructure Secu-
1486; Pub. L. 103–325, title I, § 104(i), Sept. 23, 1994, rity Agency.
108 Stat. 2169; Pub. L. 105–277, div. C, title VII, Pub. L. 116–283, § 901(a)(2)(B), repealed by Pub. L.
§ 713(a)(2), div. G, subdiv. A, title XII, § 1224(1), 115–91, § 910(d). See 2017 Amendment note below.
2019—Pub. L. 116–92 struck out item relating to Under
title XIII, § 1332(1), Oct. 21, 1998, 112 Stat.
Secretary of Defense for Research and Engineering.
2681–693, 2681–772, 2681–785; Pub. L. 106–65, div. A, 2018—Pub. L. 115–254, § 1904(c)(1)(A), inserted item re-
title IX, § 911(e), Oct. 5, 1999, 113 Stat. 719; Pub. lating to Administrator of the Transportation Security
L. 106–553, § 1(a)(2) [title IV, § 404(b)], Dec. 21, Administration.
2000, 114 Stat. 2762, 2762A–96; Pub. L. 106–569, title Pub. L. 115–254, § 1413(d)(4), inserted item relating to
X, § 1002(a)(2), Dec. 27, 2000, 114 Stat. 3028; Pub. L. Chief Executive Officer, United States International
107–71, title I, § 101(c)(1), Nov. 19, 2001, 115 Stat. Development Finance Corporation.
602; Pub. L. 107–295, title II, § 215(b), Nov. 25, 2002, 2017—Pub. L. 115–91, § 1081(b)(1)(C), repealed Pub. L.
116 Stat. 2102; Pub. L. 107–296, title XVII, 113–291, § 901(m)(1). See 2014 Amendment note below.
Pub. L. 115–91, § 910(d), which inserted item relating
§ 1702(a)(2), Nov. 25, 2002, 116 Stat. 2313; Pub. L. to Chief Management Officer of the Department of De-
108–199, div. D, title VI, § 604(b)(4)(B), Jan. 23, fense, was repealed by Pub. L. 116–283, § 901(a)(2)(B).
2004, 118 Stat. 212; Pub. L. 108–458, title I, Pub. L. 115–91, § 903(a), amended Pub. L. 114–328,
§ 1015(b), Dec. 17, 2004, 118 Stat. 3664; Pub. L. § 901(h). See 2016 Amendment note below.
109–295, title VI, § 612(a)(1), Oct. 4, 2006, 120 Stat. Pub. L. 115–31 struck out item relating to Director of
1410; Pub. L. 110–53, title XXIV, § 2405(e), Aug. 3, the National Counter Proliferation Center.
2007, 121 Stat. 550; Pub. L. 110–289, div. A, title I, 2016—Pub. L. 114–328, § 901(h), as amended by Pub.
§ 1161(g)(1), July 30, 2008, 122 Stat. 2780; Pub. L. 115–91, § 903(a), struck out item relating to Under Sec-
retary of Defense for Acquisition, Technology, and Lo-
111–259, title VIII, § 807(a), Oct. 7, 2010, 124 Stat. gistics and inserted item relating to Under Secretary of
2749; Pub. L. 113–291, div. A, title IX, § 901(m)(1), Defense for Research and Engineering.
Dec. 19, 2014, 128 Stat. 3468; Pub. L. 114–94, div. A, 2015—Pub. L. 114–94, § 6011(d)(1)(A), struck out item re-
title III, § 3029(a), title VI, § 6011(d)(1)(A), Dec. 4, lating to Under Secretary of Transportation for Secu-
2015, 129 Stat. 1496, 1569; Pub. L. 114–328, div. A, rity.
Page 551 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313
Pub. L. 114–94, § 3029(a), inserted item relating to Fed- 1987—Pub. L. 100–204 struck out item relating to Am-
eral Transit Administrator. bassadors at Large.
2014—Pub. L. 113–291, § 901(m)(1), which directed inser- 1986—Pub. L. 99–619 inserted item relating to Deputy
tion of item relating to Under Secretary of Defense for Secretary of Labor.
Business Management and Information, was repealed Pub. L. 99–348 inserted item relating to Under Sec-
by Pub. L. 115–91, § 1081(b)(1)(C). retary of Defense for Acquisition.
2010—Pub. L. 111–259 substituted ‘‘Director of the Cen- 1984—Pub. L. 98–216 substituted ‘‘Director of the Of-
tral Intelligence Agency’’ for ‘‘Director of Central In- fice of Management and Budget’’ for ‘‘Director of the
telligence’’. Bureau of the Budget’’.
2008—Pub. L. 110–289 substituted ‘‘Director of the Fed- 1983—Pub. L. 98–80 inserted item relating to Adminis-
eral Housing Finance Agency’’ for ‘‘Director of the Of- trator of Environmental Protection Agency.
fice of Federal Housing Enterprise Oversight, Depart- Pub. L. 97–449, § 3(1), inserted item relating to Admin-
ment of Housing and Urban Development’’. istrator, Federal Highway Administration.
2007—Pub. L. 110–53 inserted item relating to Under 1980—Pub. L. 96–465 inserted item relating to Ambas-
Secretary of Homeland Security for Management. sadors at Large.
2006—Pub. L. 109–295 inserted item relating to Admin-
1979—Pars. (1)–(24). Pub. L. 96–54 struck out paragraph
istrator of the Federal Emergency Management Agen-
designations for positions listed herein.
cy.
2004—Pub. L. 108–458 inserted items relating to Prin- 1978—Par. (24). Pub. L. 95–454 added par. (24) relating
cipal Deputy Director of National Intelligence, Direc- to Director of Office of Personnel Management.
tor of the National Counterterrorism Center, and Di- 1977—Par. (1). Pub. L. 95–140 substituted ‘‘Deputy Sec-
rector of the National Counter Proliferation Center. retary of Defense’’ for ‘‘Deputy Secretaries of Defense
Pub. L. 108–199 inserted item relating to Chief Execu- (2)’’.
tive Officer, Millennium Challenge Corporation. Par. (22). Pub. L. 95–91 substituted ‘‘Deputy Secretary
2002—Pub. L. 107–296 inserted item relating to Deputy of Energy’’ for ‘‘Administrator of Energy Research and
Secretary of Homeland Security. Development Administration’’.
Pub. L. 107–295 inserted item relating to Under Sec- 1976—Par. (21). Pub. L. 94–237 struck out par. (21) re-
retary of Transportation for Policy. lating to Director of Special Action Office for Drug
2001—Pub. L. 107–71 inserted item relating to Under Abuse Prevention.
Secretary of Transportation for Security. Par. (23). Pub. L. 94–561 added par. (23) relating to
2000—Pub. L. 106–569 struck out item relating to Deputy Secretary of Agriculture.
Chairman, Board of Governors of the Federal Reserve 1975—Pub. L. 94–82 substituted provisions applying
System and inserted item relating to Members, Board level II of Executive Schedule to positions for which
of Governors of the Federal Reserve System. annual rate of basic pay shall be rate determined with
Pub. L. 106–553 inserted item relating to Deputy Sec- respect to such level under chapter 11 of title 2, as ad-
retary of State for Management and Resources. justed by section 5318 of this title, for provisions apply-
1999—Pub. L. 106–65 substituted ‘‘Under Secretary of ing such level II to positions for which annual rate of
Defense for Acquisition, Technology, and Logistics’’ for basic pay is $30,000.
‘‘Under Secretary of Defense for Acquisition and Tech- 1974—Par. (7). Pub. L. 93–496 substituted ‘‘Deputy Sec-
nology’’. retary of Transportation’’ for ‘‘Under Secretary for
1998—Pub. L. 105–277, § 1332(1), struck out item relat- Transportation’’.
ing to Director of the United States Information Agen- Par. (8). Pub. L. 93–438 substituted ‘‘Chairman, Nu-
cy. clear Regulatory Commission’’ for ‘‘Chairman, Atomic
Pub. L. 105–277, § 1224(1), struck out item relating to
Energy Commission’’.
Director of the United States Arms Control and Disar-
Par. (22). Pub. L. 93–438 added par. (22) relating to
mament Agency.
Pub. L. 105–277, § 713(a)(2), inserted item relating to Deputy Secretary of Energy.
Deputy Director of National Drug Control Policy. 1972—Par. (1). Pub. L. 92–596 substituted ‘‘Deputy Sec-
1994—Pub. L. 103–325 inserted item relating to Admin- retaries of Defense (2)’’ for ‘‘Deputy Secretary of De-
istrator of the Community Development Financial In- fense’’.
stitutions Fund. Par. (2). Pub. L. 92–352 substituted ‘‘Deputy Secretary
Pub. L. 103–296 inserted item relating to Deputy Com- of State’’ for ‘‘Under Secretary of State’’.
missioner of Social Security, Social Security Adminis- Par. (6). Pub. L. 92–302 added par. (6) relating to Dep-
tration. uty Secretary of the Treasury. A prior par. (6), ‘‘Ad-
1993—Pub. L. 103–160 substituted ‘‘Under Secretary of ministrator of the Housing and Home Finance Agen-
Defense for Acquisition and Technology’’ for ‘‘Under cy,’’ was repealed by Pub. L. 90–83, § 1(13), Sept. 11, 1967,
Secretary of Defense for Acquisition’’. 81 Stat. 198.
1992—Pub. L. 102–550 inserted item relating to Direc- Par. (21). Pub. L. 92–255 added par. (21) relating to Di-
tor of the Office of Federal Housing Enterprise Over- rector of Special Action Office for Drug Abuse Preven-
sight, Department of Housing and Urban Development. tion.
1991—Pub. L. 102–233 substituted ‘‘Independent Mem- 1971—Par. (20). Pub. L. 91–644 added par. (20) relating
bers, Thrift Depositor Protection Oversight Board’’ for to position of Deputy Attorney General being formerly
‘‘Independent Members, Oversight Board, Resolution level III under former section 5314(1) of this title.
Trust Corporation’’. 1968—Par. (19). Pub. L. 90–407 added par. (19) relating
1990—Pub. L. 101–576 inserted item relating to Deputy to Director of National Science Foundation.
Director for Management, Office of Management and 1966—Pub. L. 89–670 substituted ‘‘Under Secretary of
Budget. Transportation’’ for ‘‘Administrator of the Federal
Pub. L. 101–509 inserted items relating to Deputy Sec- Aviation Agency’’ in item (7), and inserted item (19) re-
retary of Health and Human Services, Deputy Sec- lating to Administrator, Federal Aviation Administra-
retary of the Interior, Deputy Secretary of Education, tion.
and Deputy Secretary of Housing and Urban Develop-
ment.
1989—Pub. L. 101–73 inserted item relating to Inde- Statutory Notes and Related Subsidiaries
pendent Members, Oversight Board, Resolution Trust CHANGE OF NAME
Corporation.
1988—Pub. L. 100–679 inserted item relating to Deputy Any reference to the Administrator of the Federal
Director of Office of Management and Budget and Emergency Management Agency in title VI of Pub. L.
struck out item relating to Director of Office of Man- 109–295 or an amendment by title VI to be considered to
agement and Budget. refer and apply to the Director of the Federal Emer-
Pub. L. 100–527 substituted ‘‘Deputy Secretary of Vet- gency Management Agency until Mar. 31, 2007, see sec-
erans Affairs’’ for ‘‘Administrator of Veterans’ Af- tion 612(f)(2) of Pub. L. 109–295, set out as a note under
fairs’’. section 313 of Title 6, Domestic Security.
§ 5313 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 552
EFFECTIVE DATE OF 2019 AMENDMENT out as an Effective Date note under section 6511 of Title
22, Foreign Relations and Intercourse.
Pub. L. 116–92, div. A, title IX, § 902(93)(C), Dec. 20,
Amendment by section 1332(1) of Pub. L. 105–277 effec-
2019, 133 Stat. 1554, provided that: ‘‘This paragraph
tive Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set
[amending this section and section 5314 of this title]
out as an Effective Date note under section 6531 of Title
shall have no force or effect until the next date on
22, Foreign Relations and Intercourse.
which the Congress confirms an individual to serve as
the Under Secretary of Defense for Research and Engi- EFFECTIVE DATE OF 1991 AMENDMENT
neering after the date of enactment of this Act [Dec. 20,
2019] [Under Secretary confirmed on July 22, 2021].’’ Amendment by Pub. L. 102–233 effective Feb. 1, 1992,
see section 318 of Pub. L. 102–233, set out as a note
EFFECTIVE DATE OF 2017 AMENDMENT under section 1441 of Title 12, Banks and Banking.
Pub. L. 115–91, div. A, title IX, § 910(d), Dec. 12, 2017, EFFECTIVE DATE OF 1990 AMENDMENT
131 Stat. 1518, which provided that the amendment
made by section 910(d) (amending this section) was ef- Amendment by Pub. L. 101–509 effective on first day
fective on Feb. 1, 2018, was repealed by Pub. L. 116–283, of first pay period beginning on or after Nov. 5, 1990,
div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. with continued service by incumbent Under Secretary
Pub. L. 115–91, div. A, title X, § 1081(b)(1), Dec. 12, 2017, of Health and Human Services, Under Secretary of the
131 Stat. 1597, provided that the amendment made by Interior, Under Secretary of Education, and Under Sec-
section 1081(b)(1)(C) is effective as of Dec. 23, 2016. retary of Housing and Urban Development, see section
529 [title I, § 112(e)] of Pub. L. 101–509, set out as a note
EFFECTIVE DATE OF 2016 AMENDMENT under section 3404 of Title 20, Education.
Pub. L. 114–328, div. A, title IX, § 901(h), Dec. 23, 2016, EFFECTIVE DATE OF 1988 AMENDMENTS
130 Stat. 2341, provided that the amendment made by
Amendment by Pub. L. 100–679 effective Jan. 20, 1989,
section 901(h) is effective on Feb. 1, 2018.
see section 11(e) of Pub. L. 100–679, set out as a note
EFFECTIVE DATE OF 2015 AMENDMENT under section 5312 of this title.
Amendment by Pub. L. 100–527 effective Mar. 15, 1989,
Pub. L. 114–94, div. A, § 1003, Dec. 4, 2015, 129 Stat. 1322, see section 18(a) of Pub. L. 100–527, set out as a Depart-
provided that: ‘‘Except as otherwise provided, this divi- ment of Veterans Affairs Act note under section 301 of
sion [see Tables for classification], including the Title 38, Veterans’ Benefits.
amendments made by this division, takes effect on Oc-
tober 1, 2015.’’ EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 114–94, div. A, title III, § 3029(c), Dec. 4, 2015, Pub. L. 100–204, title I, § 178(b), Dec. 22, 1987, 101 Stat.
129 Stat. 1496, provided that: ‘‘The amendments made 1362, provided that: ‘‘The amendments made by sub-
by this section [amending this section and section 5314 section (a) [amending sections 5313 and 5315 of this
of this title] shall take effect on the first day of the title] shall take effect 30 days after the date of enact-
first pay period beginning on or after the first day of ment of this Act [Dec. 22, 1987] and shall not affect the
the first fiscal year beginning after the date of enact- salary of any individual holding the rank of Ambas-
ment of this Act [Dec. 4, 2015].’’ sador at Large immediately before the date of enact-
EFFECTIVE DATE OF 2014 AMENDMENT ment of this Act during the period such individual con-
tinues to serve in such position.’’
Pub. L. 113–291, div. A, title IX, § 901(m)(1), Dec. 19,
2014, 128 Stat. 3468, which provided that the amendment EFFECTIVE DATE OF 1986 AMENDMENT
made by section 901(m)(1) is effective on Feb. 1, 2017, Amendment by Pub. L. 99–619 applicable to incum-
was repealed by Pub. L. 115–91, div. A, title X, bent Under Secretary of Labor on Nov. 6, 1986, serving
§ 1081(b)(1)(C), Dec. 12, 2017, 131 Stat. 1597, effective Dec. after such date, see section 2(f)(1) of Pub. L. 99–619, set
23, 2016. out as a Present Incumbent note under section 552 of
EFFECTIVE DATE OF 2004 AMENDMENT Title 29, Labor.
For Determination by President that amendment by EFFECTIVE DATE OF 1980 AMENDMENT
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- Amendment by Pub. L. 96–465 effective Feb. 15, 1981,
randum of President of the United States, Apr. 21, 2005, except as otherwise provided, see section 2403 of Pub. L.
70 F.R. 23925, set out as a note under section 3001 of 96–465, set out as an Effective Date note under section
Title 50, War and National Defense. 3901 of Title 22, Foreign Relations and Intercourse.
Amendment by Pub. L. 108–458 effective not later
than six months after Dec. 17, 2004, except as otherwise EFFECTIVE DATE OF 1979 AMENDMENT
expressly provided, see section 1097(a) of Pub. L. Amendment by Pub. L. 96–54 effective Jan. 1, 1980, see
108–458, set out as an Effective Date of 2004 Amend- section 2(a)(25)(B) of Pub. L. 96–54, set out as a note
ment; Transition Provisions note under section 3001 of under section 5312 of this title.
Title 50, War and National Defense.
EFFECTIVE DATE OF 1978 AMENDMENT
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Amendment by Pub. L. 107–296 effective 60 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 1101 of this title.
an Effective Date note under section 101 of Title 6, Do-
mestic Security. EFFECTIVE DATE OF 1976 AMENDMENT
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 94–561, § 5, Oct. 19, 1976, 90 Stat. 2643, provided
that:
Amendment by Pub. L. 106–569 effective on the first ‘‘(a) Except as otherwise provided in this section, this
day of the first pay period for the Chairman and Mem- Act [enacting section 2212b of Title 7, Agriculture,
bers of the Board of Governors of the Federal Reserve amending sections 5313 to 5316 of this title, sections
System beginning on or after Dec. 27, 2000, see section 2210 and 2211 of Title 7, and section 714g of Title 15,
1002(b) of Pub. L. 106–569, set out as a note under sec- Commerce and Trade, and enacting provisions set out
tion 5312 of this title. as a note under section 2210 of Title 7] shall take effect
on its date of enactment [Oct. 19, 1976].
EFFECTIVE DATE OF 1998 AMENDMENT
‘‘(b) Subsection (b)(1) of section 3 of this Act [amend-
Amendment by section 1224(1) of Pub. L. 105–277 effec- ing section 5316 of this title] shall take effect upon ap-
tive Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set pointment of a Presidential appointee to fill the suc-
Page 553 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5314
cessor position created by section 2 of this Act [section SALARY INCREASES
2212b of Title 7].’’
For adjustment of salaries under this section, see the
EFFECTIVE DATE OF 1974 AMENDMENT executive order detailing the adjustment of certain
rates of pay set out as a note under section 5332 of this
Amendment of Pub. L. 93–438 effective 120 days after title.
Oct. 11, 1974, or on such earlier date as President may For prior year salary increases per the recommenda-
prescribe and publish in Federal Register, except that tion of the President, see Prior Salary Recommenda-
officers provided for in sections 5811 to 5820 of Title 42, tions notes under section 358 of Title 2, The Congress.
The Public Health and Welfare, may be nominated and For miscellaneous provisions dealing with adjust-
appointed at any time after Oct. 11, 1974, see section ments of pay and limitations on use of funds to pay sal-
312(a) of Pub. L. 93–438, set out as an Effective Date; In- aries in prior years, see notes under section 5318 of this
terim Appointments note under section 5801 of Title 42. title.
EFFECTIVE DATE OF 1972 AMENDMENT
Executive Documents
Amendment by Pub. L. 92–302 effective May 18, 1972,
see section 3 of Pub. L. 92–302, May 18, 1972, 86 Stat. 149. TRANSFER OF FUNCTIONS
EFFECTIVE DATE OF 1968 AMENDMENT Office of Director of Office of Science and Technology
abolished and functions vested by law in such office
Pub. L. 90–407, § 15(a)(4), July 18, 1968, 82 Stat. 367, pro- transferred to Director of the National Science Founda-
vided that: ‘‘The amendments made by this subsection tion by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1,
[amending sections 5313, 5314, and 5316 of this title] (and effective July 1, 1973, set out in the Appendix to this
the amendments made by sections 3 and 4 of this Act title.
[amending section 1864 and enacting section 1864a of
Title 42, The Public Health and Welfare] insofar as they § 5314. Positions at level III
relate to rates of basic pay) shall take effect on the
first day of the first calendar month which begins on or Level III of the Executive Schedule applies to
after the date of the enactment of this Act [July 18, the following positions, for which the annual
1968].’’ rate of basic pay shall be the rate determined
EFFECTIVE DATE OF 1966 AMENDMENT with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Amendment by Pub. L. 89–670 effective April 1, 1967,
Solicitor General of the United States.
see section 16(a), formerly § 15(a), of Pub. L. 89–670, and
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. Under Secretary of Commerce, Under Sec-
retary of Commerce for Economic Affairs,
TRANSFER OF FUNCTIONS Under Secretary of Commerce for Industry
For transfer of functions, personnel, assets, and li- and Security, Under Secretary of Commerce
abilities of the Transportation Security Administra- for Travel and Tourism, and Under Secretary
tion of the Department of Transportation, including of Commerce for Minority Business Develop-
the functions of the Secretary of Transportation, and ment.
of the Under Secretary of Transportation for Security, Under Secretaries of State (6).
relating thereto, to the Secretary of Homeland Secu- Under Secretaries of the Treasury (3).
rity, and for treatment of related references, see sec-
tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic
Administrator of General Services.
Security, and the Department of Homeland Security Administrator of the Small Business Admin-
Reorganization Plan of November 25, 2002, as modified, istration.
set out as a note under section 542 of Title 6. Deputy Administrator, Agency for Inter-
national Development.
BONUS ELIGIBILITY OF ADMINISTRATOR OF THE
Chairman of the Merit Systems Protection
TRANSPORTATION SECURITY ADMINISTRATION
Board.
Pub. L. 107–71, title I, § 101(c)(2), Nov. 19, 2001, 115 Chairman, Federal Communications Com-
Stat. 602, as amended by Pub. L. 115–254, div. K, title I, mission.
§ 1904(c)(1)(B), Oct. 5, 2018, 132 Stat. 3546, provided that:
Chairman, Board of Directors, Federal De-
‘‘In addition to the annual rate of pay authorized by
section 5313 of title 5, United States Code, the Adminis- posit Insurance Corporation.
trator of the Transportation Security Administration Chairman, Federal Energy Regulatory Com-
may receive a bonus for any calendar year not to ex- mission.
ceed 30 percent of the annual rate of pay, based on the Chairman, Federal Trade Commission.
Secretary of Homeland Security’s evaluation of the Ad- Chairman, Surface Transportation Board.
ministrator’s performance.’’ Chairman, National Labor Relations Board.
PAY INCREASE; EFFECTIVE DATE Chairman, Securities and Exchange Commis-
sion.
Persons occupying a position under the Executive Chairman, National Mediation Board.
Schedule on May 18, 1972, and later appointed to a posi-
tion created or authorized by Pub. L. 92–302, not eligi-
Chairman, Railroad Retirement Board.
ble to an increase on basic pay until Jan. 21, 1973, see Chairman, Federal Maritime Commission.
section 3(c) of Pub. L. 92–302, May 18, 1972, 86 Stat. 149. Comptroller of the Currency.
Commissioner of Internal Revenue.
DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, Under Secretary of Defense for Research and
DEPARTMENT OF JUSTICE
Engineering.
Director of Federal Bureau of Investigation, Depart- Under Secretary of Defense for Acquisition
ment of Justice to receive compensation at rate pre- and Sustainment.
scribed for level II of Federal Executive Salary Sched- Under Secretary of Defense for Policy.
ule [this section], effective as of day following date on
which person holding such office on June 19, 1968,
Under Secretary of Defense (Comptroller).
ceases to serve as Director, see section 1101(a) of Pub. Under Secretary of Defense for Personnel
L. 90–351, June 19, 1968, 82 Stat. 236, set out as a note and Readiness.
under section 532 of Title 28, Judiciary and Judicial Under Secretary of Defense for Intelligence
Procedure. and Security.
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