-CITE- 5 USC CHAPTER 53 - PAY RATES AND SYSTEMS 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS -HEAD- CHAPTER 53 - PAY RATES AND SYSTEMS -MISC1- SUBCHAPTER I - PAY COMPARABILITY SYSTEM Sec. 5301. Policy. 5302. Definitions. 5303. Annual adjustments to pay schedules. 5304. Locality-based comparability payments. 5304a. Authority to fix an alternative level of comparability payments. 5305. Special pay authority. 5306. Pay fixed by administrative action. 5307. Limitation on certain payments. [5308. Omitted.] SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES 5311. The Executive Schedule. 5312. Positions at level I. 5313. Positions at level II. 5314. Positions at level III. 5315. Positions at level IV. 5316. Positions at level V. 5317. Presidential authority to place positions at levels IV and V. 5318. Adjustments in rates of pay. SUBCHAPTER III - GENERAL SCHEDULE PAY RATES 5331. Definitions; application. 5332. The General Schedule. 5333. Minimum rate for new appointments. 5334. Rate on change of position or type of appointment; regulations. 5335. Periodic step-increases. 5336. Additional step-increases. [5337. Repealed.] 5338. Regulations. SUBCHAPTER IV - PREVAILING RATE SYSTEMS 5341. Policy. 5342. Definitions; application. 5343. Prevailing rate determinations; wage schedules; night differentials. 5344. Effective date of wage increase; retroactive pay. [5345. Repealed.] 5346. Job grading system. 5347. Federal Prevailing Rate Advisory Committee. 5348. Crews of vessels. 5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia. SUBCHAPTER V - STUDENT-EMPLOYEES 5351. Definitions. 5352. Stipends. 5353. Quarters, subsistence, and laundry. 5354. Effect of detail or affiliation; travel expenses. 5355. Effect on other statutes. 5356. Appropriations. SUBCHAPTER VI - GRADE AND PAY RETENTION 5361. Definitions. 5362. Grade retention following a change of positions or reclassification. 5363. Pay retention. 5364. Remedial actions. 5365. Regulations. 5366. Appeals. SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 5371. Health care positions. 5372. Administrative law judges. 5372a. Contract appeals board members. 5372b. Administrative appeals judges. 5373. Limitation on pay fixed by administrative action. 5374. Miscellaneous positions in the executive branch. 5375. Police force of the National Zoological Park. 5376. Pay for certain senior-level positions. 5377. Pay authority for critical positions. 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint. 5379. Student loan repayments. [5380. Repealed.] SUBCHAPTER VIII - PAY FOR THE SENIOR EXECUTIVE SERVICE 5381. Definitions. 5382. Establishment and adjustment of rates of pay for the Senior Executive Service.(!1) 5383. Setting individual senior executive pay. 5384. Performance awards in the Senior Executive Service. 5385. Regulations. SUBCHAPTER IX - SPECIAL OCCUPATIONAL PAY SYSTEMS 5391. Definitions. 5392. Establishment of special occupational pay systems. AMENDMENTS 2000 - Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 645(a)(3)], Dec. 21, 2000, 114 Stat. 2763, 2763A-170, added item 5372b. 1992 - Pub. L. 102-378, Sec. 8(a), Oct. 2, 1992, 106 Stat. 1359, repealed Pub. L. 100-510, Sec. 1206(i)(2). See 1990 Amendment note below. Pub. L. 102-378, Sec. 2(24), Oct. 2, 1992, 106 Stat. 1348, substituted "repayments" for "repayment" in item 5379 and struck out "Sec." before item 5391. 1990 - Pub. L. 101-510, div. A, title XII, Sec. 1206(i)(2), Nov. 5, 1990, 104 Stat. 1663, which added item 5380 "Pay authority for critical positions", was repealed by Pub. L. 102-378, Sec. 8(a), Oct. 2, 1992, 106 Stat. 1359, which provided that this title shall read as if such section 1206(i)(2) had not been enacted. Pub. L. 101-510, div. A, title XII, Sec. 1206(b)(2), Nov. 5, 1990, 104 Stat. 1661, added item 5379. Pub. L. 101-509, title V, Sec. 529 [title I, Secs. 101(a)(2), 102(a)(2), 103(b), 104(b), 105(a)(2), 109(a)(1)(B), title II, Secs. 205(b), 211(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1439, 1443, 1445, 1446, 1448, 1451, 1457, 1461, struck out items 5301 "Policy", 5303 "Higher minimum rates; Presidential authority", 5304 "Presidential policies and regulations", 5305 "Annual pay reports and adjustments", 5306 "Advisory Committee on Federal Pay", 5307 "Pay fixed by administrative action", and 5308 "Pay limitation", and added items 5301 to 5307, struck out "; higher rates for supervisors of prevailing rate employees" after "appointments" in item 5333, substituted "Health care positions" for "Scientific and professional positions" in item 5371, and added items 5372a, 5376 to 5378, item for subchapter IX, and items 5391 and 5392. Pub. L. 101-263, Sec. 1(b), Apr. 4, 1990, 104 Stat. 125, inserted "the" before "National" in item 5375. 1979 - Pub. L. 96-54, Sec. 2(a)(26)(B), Aug. 14, 1979, 93 Stat. 382, substituted "prevailing rate" for "wage-board" in item 5333. 1978 - Pub. L. 95-454, title IV, Sec. 407(b), title VIII, Sec. 801(a)(3)(B)(i), (ii), Oct. 13, 1978, 92 Stat. 1172, 1221, struck out items 5337 "Pay saving" and 5345 "Retained rate of pay on reduction in grade or reassignment", added item for subchapter VI and items 5361 to 5366, redesignated former item for subchapter VI and items 5361 to 5365 as subchapter VII and items 5371 to 5375, respectively, and added item for subchapter VIII and items 5381 to 5385. Pub. L. 95-251, Sec. 2(c)(4), Mar. 27, 1978, 92 Stat. 184, substituted "Administrative law judges" for "Hearing examiners" in item 5362. 1975 - Pub. L. 94-82, title II, Sec. 202(b)(6), Aug. 9, 1975, 89 Stat. 420, added item 5318. 1972 - Pub. L. 92-392, Sec. 1(b), Aug. 19, 1972, 86 Stat. 572, substituted items 5341, 5343, 5344, and 5345 relating to "Policy", "Prevailing rate determinations; wage schedules; night differentials", "Effective date of wage increase; retroactive pay" and "Retained rate of pay on reduction in grade or reassignment", for such former items relating to "Trades and crafts", "Effective date of pay increase", "Retroactive pay" and "Position classification appeals", added items 5342, 5346, 5347, and 5349, and renumbered former item 5342 as 5348. 1971 - Pub. L. 91-656, Secs. 2(b)(2), 3(b), Jan. 8, 1971, 84 Stat. 1946, 1951, struck out item 5302 "Annual reports on pay comparability" and added items 5305-5308. 1969 - Pub. L. 91-34, Sec. 1(b), June 30, 1969, 83 Stat. 41, added item 5365. 1967 - Pub. L. 90-206, title II, Sec. 223(b), Dec. 16, 1967, 81 Stat. 642, added item 5345. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 108-136 without corresponding amendment of chapter analysis. -End- -CITE- 5 USC SUBCHAPTER I - PAY COMPARABILITY SYSTEM 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- SUBCHAPTER I - PAY COMPARABILITY SYSTEM -End- -CITE- 5 USC Sec. 5301 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5301. Policy -STATUTE- It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that - (1) there be equal pay for substantially equal work within each local pay area; (2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; (3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and (4) any existing pay disparities between Federal and non- Federal employees should be completely eliminated. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 91-656, Sec. 2(a), Jan. 8, 1971, 84 Stat. 1946; Pub. L. 96-465, title II, Sec. 2314(c)(1), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 1171. Oct. 11, 1962, Pub. L. 87-793, Sec. 502, 76 Stat. 841. -------------------------------------------------------------------- The words "It is the policy of Congress" are substituted for "The Congress hereby declares". The words "whereas the functions of a Federal salary system are to fix salary rates for the services rendered by Federal employees so as to make possible the employment of persons well qualified to conduct the Government's programs and to control expenditures of public funds for personal services with equity to the employee and to the taxpayer, and whereas fulfillment of these functions is essential to the development and maintenance of maximum proficiency in the civilian services of Government, then, accordingly" are omitted as unnecessary. In the last sentence, the words "and henceforth" are omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1990 - Pub. L. 101-509 amended section generally. Prior to amendment, section read as follows: "(a) It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that - "(1) there be equal pay for substantially equal work; "(2) pay distinctions be maintained in keeping with work and performance distinctions; "(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and "(4) pay levels for the statutory pay systems be interrelated. "(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title. "(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under - "(1) subchapter III of this chapter, relating to the General Schedule; "(2) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or "(3) chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans' Administration." 1980 - Subsec. (c)(2). Pub. L. 96-465 substituted "section 403 of the Foreign Service Act of 1980" for "subchapter IV of chapter 14 of title 22". 1971 - Pub. L. 91-656 designated provisions of first sentence as subsec. (a), incorporating former cl. (1) in cls. (1) and (2), and former cl. (2) in cl. (3), and inserted "for employees under statutory pay systems" after "Federal pay fixing"; substituted subsec. (b) reading "The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title" for former second sentence providing "Pay levels for the several Federal statutory pay systems shall be interrelated, and pay levels shall be set and adjusted in accordance with these principles"; and added subsec. (c). EFFECTIVE DATE OF 1990 AMENDMENT Section 529 [title III, Sec. 305] of Pub. L. 101-509 provided that: "(a) Generally. - Except as otherwise provided in this Act, this Act and the amendments made by this Act [this Act means section 529 [titles I-III, Secs. 1-306] of Pub. L. 101-509, but does not include section 529 [title IV, Secs. 401-412] of Pub. L. 101-509, see Short Title of 1990 Amendment; Rules of Construction note below, and see Tables for classification] shall take effect on such date as the President shall determine [see Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, set out below], but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act [Nov. 5, 1990]. "(b) Special Rule. - The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994." EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 901], Dec. 21, 2000, 114 Stat. 2763, 2763A-303, provided that: "This title [enacting provisions set out as notes under sections 5304 and 5305 of this title and section 204 of Title 3, The President, and amending provisions set out as a note under section 5305 of this title] may be cited as the 'Law Enforcement Pay Equity Act of 2000'." SHORT TITLE OF 1993 AMENDMENT Pub. L. 103-89, Sec. 1, Sept. 30, 1993, 107 Stat. 981, provided that: "This Act [amending sections 3372, 4501, 4502, 5302, 5332, 5334 to 5336, 5361 to 5363, 5410, 5948, and 8473 of this title, sections 1602, 1732, and 1733 of Title 10, Armed Forces, and section 731 of Title 31, Money and Finance, repealing sections 4302a and 5401 to 5410 of this title, enacting provisions set out as notes under sections 3372, 5335, 5401, and 5410 of this title, and amending provisions set out as a note under section 5304 of this title] may be cited as the 'Performance Management and Recognition System Termination Act'." SHORT TITLE OF 1990 AMENDMENT; RULES OF CONSTRUCTION Section 529 [Sec. 1] of Pub. L. 101-509 provided that: "(a) Short Title. - This section, and the sections immediately following this section through section 412, inclusive [section 529 [Secs. 1-412] of Pub. L. 101-509, see Tables for classification], may be cited as the 'Federal Employees Pay Comparability Act of 1990' (hereinafter in this section referred to as 'FEPCA'). "(b) Rules of Construction. - (1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to 'this Act' (or to any title, section, or other designated provision of 'this Act') shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). "(2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to 'this Act' (or to any title, section, or other designated provision of 'this Act'), and any reference made in any provision of law outside of this Act to the 'Treasury, Postal Service and General Government Appropriations Act, 1991' [Pub. L. 101-509] (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA." Section 529 [title III, Sec. 306] of Pub. L. 101-509 provided that: "Notwithstanding section 1(b) [section 529 [Sec. 1(b)] of Pub. L. 101-509, set out above], a reference in any of the preceding provisions of this title [section 529 [title III, Secs. 301-305] of Pub. L. 101-509, enacting section 237 of Title 42, The Public Health and Welfare, amending section 212 of Title 42, and enacting provisions set out as notes under this section, section 5304 of this title, and section 212 of Title 42] to 'this Act' [section 529 of Pub. L. 101-509] (other than a reference in section 301) [section 529 [title III, Sec. 301] of Pub. L. 101-509, set out below] shall not be considered to include any provision of title IV [section 529 [title IV, Secs. 401-412] of Pub. L. 101-509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under sections 4521, 5305, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title]." SHORT TITLE Section 1 of Pub. L. 91-656 provided that: "This Act [enacting sections 5305 to 5308 and 5947 of this title, amending this section, sections 5108 and 5942 of this title, and section 410 of Title 39, Postal Service, repealing section 5302 of this title, and enacting provisions set out as notes under sections 5303 and 5942 of this title, section 60a of Title 2, The Congress, and section 410 of Title 39] may be cited as the 'Federal Pay Comparability Act of 1970'." PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE Section 529 [title I, Sec. 111] of Pub. L. 101-509 provided that: "(a) Policy. - It is the policy of Congress that - "(1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; "(2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for- Performance Labor-Management Committee; "(3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and "(4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. "(b) Establishment. - The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. "(c) Membership. - The members of the Committee shall be - "(1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee's education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; "(2) an employee of the Office of Personnel Management, designated by the Director of such Office; "(3) an employee of the Department of Defense, designated by the Secretary of Defense; "(4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and "(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. "(d) Pay for Members. - The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee. "(e) Administrative Support. - The Office of Personnel Management may provide staff and administrative support for the Committee. "(f) Functions. - The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. "(g) Report to the Office of Personnel Management. - No later than 1 year after the date of enactment of this Act [Nov. 5, 1990], the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to - "(1) the types of pay raises to be covered; "(2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; "(3) the role organization performance should play in pay-for- performance systems; "(4) any differences in pay-for-performance systems for different categories of employees; "(5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and "(6) whether demonstration projects on pay-for-performance are desirable." BUDGET ACT COMPLIANCE Section 529 [title III, Sec. 301] of Pub. L. 101-509 provided that: "For purposes of the Congressional Budget Act of 1974 [titles I through IX, of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, see Tables for classification], any authority to make payments under this Act or any amendment made by this Act [see Short Title of 1990 Amendment note above] shall be effective only to the extent provided for in advance in appropriation Acts." PAY RATES FOR CURRENT EMPLOYEES Section 529 [title III, Sec. 303] of Pub. L. 101-509 provided that: "Nothing in this Act or in any amendment made by this Act [see Short Title of 1990 Amendment note above] shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act [Nov. 5, 1990] to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service." -EXEC- EX. ORD. NO. 12748. PROVIDING FOR FEDERAL PAY ADMINISTRATION Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amended by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281; Ex. Ord. No. 13106, Sec. 8, Dec. 7, 1998, 63 F.R. 68152; Ex. Ord. No. 13415, Sec. 2(a), Dec. 1, 2006, 71 F.R. 70641, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Employees Pay Comparability Act of 1990 (hereinafter "FEPCA"), as incorporated in section 529 of Public Law 101-509 [see Short Title of 1990 Amendment note above], and sections 3301 and 3302 of title 5, United States Code, it is hereby ordered as follows: Section 1. Annual Adjustments to Pay Schedules. The following agencies are designated under section 5303(g) of title 5, United States Code, as amended by FEPCA, to prescribe conversion rules for the initial adjustment of rates of pay to be applied during each annual adjustment of pay schedules under section 5303 of title 5, United Stated Code: (a) the Office of Personnel Management, for the General Schedule; (b) the Department of State, for the Foreign Service Schedule; and (c) the Department of Veterans Affairs, for the Veterans Health Services and Research Administration Schedules. Sec. 2. Locality-based Comparability Payments. (a) The Secretary of Labor, the Director of the Office of Management and Budget, and the Director of the Office of Personnel Management are hereby designated under section 5304(d)(1) of title 5, United States Code, as amended by FEPCA, to serve jointly as the President's agent under section 5304 of title 5, United States Code, and shall be known in this capacity as the President's Pay Agent. (b) The head of each executive agency employing personnel under a statutory pay system, as defined in section 5302(1) of title 5, United States Code, as amended by FEPCA, shall provide such information and assistance as may be requested by the President's Pay Agent in carrying out the provisions of section 5304 of title 5, United States Code. (c) The President's Pay Agent, as designated in subsection (a), is hereby authorized and designated to exercise the authorities of the President under section 5304(g)-(h) [5 U.S.C. 5304(g), (h)] concerning the extension of locality-based comparability payments to certain categories of positions not otherwise covered. Sec. 3. Previous Order Revoked. Executive Order No. 11721, as amended, is revoked. Sec. 4. Advance Payments for New Appointees. Section 2(b) of Executive Order No. 10982, as amended [5 U.S.C. 5527 note], is further amended to read as follows: "(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of section 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101-509." Sec. 5. Staffing Differentials. The Office of Personnel Management is hereby designated and empowered to exercise the authority of the President under section 209 of FEPCA [5 U.S.C. 5305 note] to establish staffing differentials. Sec. 6. Executive Assignment System. (a) Civil Service Rule 9 (5 CFR Part 9), as established by Executive Order No. 11315, as amended, is revoked. (b) The Office of Personnel Management shall take such actions as the Office may determine to be necessary to provide for the orderly termination of the Executive Assignment System. Sec. 7. Effective Dates. (a) Except as otherwise provided by Public Law 101-509, the provisions of subchapter I of chapter 53 of title 5, United States Code, as amended by section 101 of FEPCA [this subchapter], and the provisions of sections 1 through 4 of this order shall take effect on February 3, 1991. (b) Except as otherwise provided by Public Law 101-509, the remaining provisions of FEPCA and of this order shall take effect on May 4, 1991, except that the Office of Personnel Management may establish an earlier effective date, but not earlier than February 3, 1991, for any such provisions with respect to which the Office determines an earlier effective date is appropriate. [For effective dates of certain provisions of FEPCA as established by the Office of Personnel Management, see notices and rules issued by the Office of Personnel Management and published in the Federal Register at 56 F.R. 6212, 11059, 12833, 20339, and 20343.] -End- -CITE- 5 USC Sec. 5302 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5302. Definitions -STATUTE- For the purpose of this subchapter - (1) the term "statutory pay system" means a pay system under - (A) subchapter III, relating to the General Schedule; (B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or (C) chapter 74 of title 38, relating to the Veterans Health Administration (other than a position subject to section 7451 of title 38); (2) the term "ECI" means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; (3) the "base quarter" for any year is the 3-month period ending on September 30 of such year; (4) the term "pay agent" means the agent designated by the President under section 5304(d)(1); (5) the term "locality" or "pay locality" means any locality, as established or modified under section 5304; (6) the term "pay disparity", as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non- Federal workers for the same levels of work in the same locality; (7) the term "comparability payment" means a payment payable under section 5304; (8) the term "rates of pay under the General Schedule", "rates of pay for the General Schedule", or "scheduled rates of basic pay" means the rates of basic pay under the General Schedule as established by section 5332, excluding pay under section 5304 and any other additional pay of any kind; and (9) the term "General Schedule position" means any position to which subchapter III applies. -SOURCE- (Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1429; amended Pub. L. 102- 378, Sec. 2(25), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 103-89, Sec. 3(b)(1)(E), Sept. 30, 1993, 107 Stat. 981; Pub. L. 108-411, title III, Sec. 301(a)(1), Oct. 30, 2004, 118 Stat. 2313.) -REFTEXT- REFERENCES IN TEXT Section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to section 3963 of Title 22, Foreign Relations and Intercourse. -MISC1- PRIOR PROVISIONS A prior section 5302, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458, provided for annual reports on pay comparability, prior to repeal by Pub. L. 91-656, Sec. 2(b)(1), Jan. 8, 1971, 84 Stat. 1946. AMENDMENTS 2004 - Par. (8). Pub. L. 108-411 added par. (8) and struck out former par. (8) which read as follows: "the term 'rates of pay under the General Schedule', 'rates of pay for the General Schedule', or 'scheduled rates of basic pay' means - "(A) the rates of basic pay set forth in the General Schedule; and "(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and". 1993 - Par. (8). Pub. L. 103-89, Sec. 3(b)(1)(E)(i), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and". Par. (9). Pub. L. 103-89, Sec. 3(b)(1)(E)(ii), substituted "applies" for "applies (including any position under the performance management and recognition system)". 1992 - Par. (1)(C). Pub. L. 102-378, Sec. 2(25)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "chapter 73 of title 38, relating to the Veterans Health Services and Research Administration;". Par. (8)(C). Pub. L. 102-378, Sec. 2(25)(B), added subpar. (C). EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provisions relating to conversion rules, see section 301(d) of Pub. L. 108-411, set out as a note under section 5363 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-378 effective Feb. 3, 1991, see section 9(b)(5) of Pub. L. 102-378, set out as a note under section 6303 of this title. 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, Sec. 305] of Pub. L. 101- 509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. -End- -CITE- 5 USC Sec. 5303 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5303. Annual adjustments to pay schedules -STATUTE- (a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). (b)(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall - (A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and (B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. (2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. (3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government's ability to recruit and retain well-qualified employees. (c) The rates of basic pay that take effect under this section - (1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and (2) shall be printed in the Federal Register and the Code of Federal Regulations. (d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. (e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. (f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. (g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 458; Pub. L. 90-206, title II, Sec. 207, Dec. 16, 1967, 81 Stat. 631; Pub. L. 91-375, Sec. 6(c)(10), Aug. 12, 1970, 84 Stat. 776; Pub. L. 94-183, Sec. 2(16), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-465, title II, Sec. 2314(c)(2), Oct. 17, 1980, 94 Stat. 2167; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1430.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 1173. Oct. 11, 1962, Pub. L. 87-793, Sec. 504, 76 Stat. 842. Aug. 14, 1964, Pub. L. 88-426, Sec. 123, 78 Stat. 412. -------------------------------------------------------------------- In subsection (a), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil service laws and regulations". In subsections (a), (b), and (d), the word "agency" is substituted for "agency or agencies" because the singular imports the plural, see 1 U.S.C. 1. In subsection (d), the word "officer" is omitted as included in "employee", "agency" is substituted for "department", and "rules" is omitted as included in "regulations". Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT Level V of the Executive Schedule, referred to in subsec. (f), is set out in section 5316 of this title. -MISC2- AMENDMENTS 1990 - Pub. L. 101-509 amended section generally, substituting provisions relating to annual adjustments to pay schedules for provisions relating to President's authority to set higher minimum rates of basic pay. 1980 - Subsec. (a)(4). Pub. L. 96-465 substituted "section 403 of the Foreign Service Act of 1980" for "sections 867 and 870 of title 22". 1978 - Subsec. (a). Pub. L. 95-454 substituted "Office of Personnel Management" for "Civil Service Commission". 1975 - Subsec. (c). Pub. L. 94-183 struck out "and section 3552 of title 39" after "of section 5335(a) of this title". 1970 - Subsec. (a)(2). Pub. L. 91-375 repealed cl. (2) making positions paid under provisions of part III of title 39 relating to employees in the postal field service subject to higher minimum rates established by the President. 1967 - Subsec. (a). Pub. L. 90-206, Sec. 207(a), substituted "maximum pay rate" for "seventh pay rate". Subsec. (d). Pub. L. 90-206, Sec. 207(b), inserted provisions that permitted an initial adjustment to be made to statutory increases which become effective prior to, on, or after the date of enactment of the statute. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90-206, set out as an Effective Date note under section 3110 of this title. -TRANS- DELEGATION OF FUNCTIONS For designation of agencies to perform functions of President under subsec. (g) of this section, see Ex. Ord. No. 12748, Sec. 1, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under section 5301 of this title. -MISC3- PAY RAISES FOR PROGRAMS FUNDED BY ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACTS TO BE ABSORBED WITHIN SUCH ACTS Pub. L. 102-377, title V, Sec. 506, Oct. 2, 1992, 106 Stat. 1343, provided that: "Such sums as may be necessary for Federal employee pay raises for programs funded by this Act or subsequent Energy and Water Development Appropriations Acts hereafter shall be absorbed within the levels appropriated in such Acts." SENSE OF CONGRESS Section 529 [title I, Sec. 101(e)] of Pub. L. 101-509 provided that: "It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 [of this title] for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year." FEDERAL EMPLOYEE PAY ADJUSTMENTS Pub. L. 110-329, div. A, Sec. 142, Sept. 30, 2008, 122 Stat. 3580, provided that: "(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2009 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.9 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security. Such adjustment shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2009. "(b) The adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2009 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in subsection (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of such title 5. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of such title 5 and prevailing rate employees described in section 5343(a)(5) of such title 5 shall be considered to be located in the pay locality designated as 'Rest of US' pursuant to section 5304 of such title 5 for purposes of this subsection. "(c) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2009. "(d) The provisions of this section shall apply notwithstanding any other provision of this joint resolution [div. A of Pub. L. 110- 329, amending section 17013 of Title 42, The Public Health and Welfare, and provisions set out in a note under section 1701 of Title 50, War and National Defense]." Pub. L. 110-161, div. D, title VII, Sec. 740, Dec. 26, 2007, 121 Stat. 2031, provided that: "(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2008 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.5 percent, and this adjustment shall apply to civilian employees in the Department of Homeland Security and shall apply to civilian employees in the Department of Defense who are represented by a labor organization as defined in 5 U.S.C. 7103(a)(4), and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2008. Civilian employees in the Department of Defense who are eligible to be represented by a labor organization as defined in 5 U.S.C. 7103(a)(4), but are not so represented, will receive the adjustment provided for in this section unless the positions are entitled to a pay adjustment under 5 U.S.C. 9902. "(b) Notwithstanding section 712 of this Act [div. D of Pub. L. 110-161, 5 U.S.C. 5343 note], the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2008 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as 'Rest of US' pursuant to section 5304 of title 5 for purposes of this paragraph. "(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2008." Pub. L. 109-115, div. A, title VIII, Sec. 843, Nov. 30, 2005, 119 Stat. 2506, provided that: "(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2006 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2006. "(b) Notwithstanding section 813 of this Act [div. A of Pub. L. 109-115, 5 U.S.C. 5343 note], the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2006 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as 'Rest of US' pursuant to section 5304 of title 5 for purposes of this paragraph. "(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2006." Pub. L. 108-447, div. H, title VI, Sec. 640, Dec. 8, 2004, 118 Stat. 3282, provided that: "(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2005 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.5 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2005. "(b) Notwithstanding section 613 of this Act [div. H of Pub. L. 108-447, 5 U.S.C. 5343 note], the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2005 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as 'Rest of US' pursuant to section 5304 of title 5 for purposes of this paragraph. "(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2005." Pub. L. 108-199, div. F, title VI, Sec. 640, Jan. 23, 2004, 118 Stat. 359, provided that: "(a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2004 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 4.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2004. "(b) Notwithstanding section 613 of this Act [div. F of Pub. L. 108-199, 5 U.S.C. 5343 note], the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2004 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as 'Rest of US' pursuant to section 5304 of title 5 for purposes of this paragraph. "(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2004." Pub. L. 108-7, div. J, title VI, Sec. 637, Feb. 20, 2003, 117 Stat. 472, provided that: "(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2003 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 4.1 percent and shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2003. "(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2003." 2001 - Pub. L. 107-67, title VI, Sec. 646, Nov. 12, 2001, 115 Stat. 556, provided that: "(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2002 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 4.6 percent. "(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2002." 2000 - Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 140], Dec. 21, 2000, 114 Stat. 2763, 2763A-235, provided that: "(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2001 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.7 percent. "(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2001." 1999 - Pub. L. 106-58, title VI, Sec. 646, Sept. 29, 1999, 113 Stat. 478, provided that: "(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2000 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 4.8 percent. "(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2000." 1998 - Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 621], Oct. 21, 1998, 112 Stat. 2681-480, 2681-518, provided that: "For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1999 in the rates of basic pay for the statutory pay systems." Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 647], Oct. 21, 1998, 112 Stat. 2681-480, 2681-527, provided that: "(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1999 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.6 percent. "(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 1999." 1996 - Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 637], Sept. 30, 1996, 110 Stat. 3009-314, 3009-364, provided that: "For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1997 in the rates of basic pay for the statutory pay systems." 1995 - Pub. L. 104-52, title VI, Sec. 633, Nov. 19, 1995, 109 Stat. 507, provided that: "For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1996 in the rates of basic pay for the statutory pay systems." 1994 - Pub. L. 103-329, title VI, Sec. 630(a), Sept. 30, 1994, 108 Stat. 2424, provided that: "(1) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1995 under section 5303 of title 5, United States Code, shall be an increase of 2 percent. "(2) For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [Pub. L. 101-194] (5 U.S.C. 5318 note), no adjustment under section 5303 of title 5, United States Code, shall be considered to have taken effect in fiscal year 1995 in the rates of basic pay for the statutory pay systems. "(3) For purposes of this subsection, the term 'statutory pay system' shall have the meaning given such term by section 5302(1) of title 5, United States Code." 1993 - Pub. L. 103-123, title V, Sec. 517B, Oct. 28, 1993, 107 Stat. 1253, provided that: "(a) Any adjustment required by section 5303 of title 5, United States Code, to become effective in fiscal year 1994 in the rates of basic pay for the statutory pay systems shall not be made. "(b) For the purpose of this section, the term 'statutory pay system' has the meaning given such term by section 5302(1) of title 5, United States Code." 1990 - Pub. L. 101-509, title VI, Sec. 618, Nov. 5, 1990, 104 Stat. 1475, provided that: "(a) Notwithstanding any other provision of law, in the case of fiscal year 1991, the overall average percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 4.1 percent. "(b) Any increase in a pay rate or schedule which takes effect under such section 5305 in fiscal year 1991 (in accordance with subsection (a)) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1991." Pub. L. 101-509, title VI, Sec. 633, Nov. 5, 1990, 104 Stat. 633, provided that: "(a) In General. - Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under section 5301 of this title] and any provision of law amended by such Act), for purposes of any adjustment scheduled to take effect under section 5303 of title 5, United States Code (as amended by section 101 [section 529 [title I, Sec. 101] of Pub. L. 101-509]) during the period beginning on October 1, 1991, and ending on September 30, 1994, the provisions of section 5303 of such title (as so amended) shall be applied in accordance with the following: "(1) For purposes of the adjustment taking effect in each of fiscal years 1992 and 1993, respectively, deem subsection (a) to be amended by striking 'one-half of 1 percentage point less than'. "(2) Deem subsection (b) to be amended as follows: "(A) In paragraph (1), strike 'if' and all that follows thereafter through 'welfare,' and insert 'Subject to paragraph (2), if'. "(B) Redesignate paragraphs (2) and (3) as paragraphs (3) and (4), respectively. "(C) Insert after paragraph (1) the following: " '(2) Authority to provide alternative pay adjustments under this subsection in any year may not be exercised except in accordance with the following: " '(A) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be 5 percent or less, no reduction may be made unless necessary because a state of war or severe economic conditions exist. " '(B) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be greater than 5 percent, no reduction may be made - " '(i) to a level of 5 percent or greater, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or " '(ii) to a level of less than 5 percent, unless necessary because of either of the reasons set forth in subparagraph (A).' "(D) Add after paragraph (4) (as so redesignated by subparagraph (B) the following: " '(5) For the purpose of this subsection, "severe economic conditions" shall be considered to exist relative to an adjustment scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.' "(b) References. - Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under section 5301 of this title] and any provision of law amended made by such Act), effective for purposes of any pay adjustment scheduled to take effect during the period described in subsection (a), any reference in a provision of law to section 5303 of title 5, United States Code, as amended by section 101 [section 529 [title I, Sec. 101] of Pub. L. 101-509] (or to the effective date of a pay adjustment, the size of an adjustment, a rate payable after an adjustment, or other related matter under such section 5303) shall be considered a reference to such section as applied in accordance with this section (or to the corresponding matter, as determined under such section 5303, as applied in accordance with this section)." 1989 - Pub. L. 101-194, title VII, Sec. 702, Nov. 30, 1989, 103 Stat. 1767, provided that: "(a) Restoration. - "(1) In general. - Effective for pay periods beginning on or after the date of enactment of this Act [Nov. 30, 1989], the rate of basic pay for any office or position in the executive, legislative, or judicial branch of the Government or in the government of the District of Columbia shall be determined as if the provisions of law cited in paragraph (2) had never been enacted. "(2) Citations. - The provisions of law referred to in paragraph (1) are as follows: "(A) Section 620(b) of the Treasury, Postal Service and General Government Appropriations Act, 1989 (2 U.S.C. 5305 note) [Pub. L. 100-440, set out below]. "(B) Section 619(b) of the Treasury, Postal Service and General Government Appropriations Act, 1990 (Public Law 101- 136) [set out below]. "(b) Exceptions. - Notwithstanding any other provision of this section, the rate of basic pay for a Senator, the President pro tempore of the Senate, and the majority leader and the minority leader of the Senate shall be determined as if subsection (a) had not been enacted. "(c) Specific Authority. - For purposes of section 140 of Public Law 97-92 (28 U.S.C. 461 note), appropriate salary increases are hereby authorized for Federal judges and Justices of the Supreme Court pursuant to subsection (a). "(d) Special Rule. - Notwithstanding any other provision of this section, no adjustment in any rate of pay shall become effective, as a result of the enactment of this section, before the first applicable pay period beginning on or after the date as of which the order issued by the President on October 16, 1989, pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] is rescinded." Pub. L. 101-194, title XI, Sec. 1101(a), Nov. 30, 1989, 103 Stat. 1781, provided that: "(1) Adjustments in Rates of Pay. - Notwithstanding any other provision of law (including any provision of this Act or amendment made by this Act), effective as provided in paragraph (2), the rate of pay of each office and position of United States Senator, the President pro tempore of the Senate, and the majority and minority leaders of the Senate shall be increased by - "(A) the percentage increase that would have taken effect in fiscal year 1988 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were applied to the rate of pay of each such office and position in effect on January 1, 1988 without regard to section 108 of the resolution entitled 'Joint resolution making further continuing appropriations for the fiscal year 1988, and for other purposes', approved December 22, 1987 [Pub. L. 100-202]; (101 Stat. 1329- 434; 5 U.S.C. 5305 note [set out below]); "(B) the percentage increase that would have taken effect in fiscal year 1989 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) were applied to the rate of pay of each such office and position in effect on January 1, 1989 (as adjusted under subparagraph (A) of this paragraph) without regard to subsection (b) of section 620 of the Treasury, Postal Service and General Government Appropriations Act, 1989 (Public Law 100-440; 102 Stat. 1756; 5 U.S.C. 5305 note [set out below]); and "(C) the percentage increase that would take effect in fiscal year 1990 by the application of section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) (as adjusted under subparagraphs (A) and (B) of this paragraph) without regard to subsection (b) of section 619 of the Treasury, Postal Service and General Government Appropriations Act, 1990 (Public Law 101-136) [set out below]. "(2) The increase in the rates of pay for each office and position described under paragraph (1) shall be effective on the first day of the first pay period beginning on or after January 1, 1990." Pub. L. 101-136, title VI, Sec. 619, Nov. 3, 1989, 103 Stat. 820, provided that: "(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1990, the overall average percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 3.6 percent. "(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1990. "(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1989, and before October 1, 1990, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia - "(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1989, was equal to or greater than the rate of basic pay described in paragraph (3); or "(B) to a rate exceeding the rate of basic pay described in paragraph (3) if, as of September 30, 1989, the rate of salary or basic pay payable for that office or position was less than the rate described in such paragraph. "(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1989, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed - "(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia; "(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or "(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch. "(3) The rate of basic pay described in this paragraph is the rate equal to the rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code, as of September 30, 1989, increased by 3.6 percent." 1988 - Pub. L. 100-440, title VI, Sec. 620, Sept. 22, 1988, 102 Stat. 1756, provided that: "(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1989, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 4.1 percent. "(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1989. "(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1988, and before October 1, 1989, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia - "(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1988, was equal to or greater than the rate of basic pay then payable for level III of the Executive Schedule under section 5314 of title 5, United States Code; or "(B) to a rate exceeding the rate of basic pay payable for level III of the Executive Schedule under such section 5314 as of September 30, 1988, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level III. "(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1988, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed - "(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia; "(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or "(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch." 1987 - Pub. L. 100-202, Sec. 108, Dec. 22, 1987, 101 Stat. 1329- 434, provided that: "(a) Notwithstanding any other provision of this resolution or any other law, no adjustment in rates of pay under section 5305 of title 5, United States Code, which becomes effective on or after October 1, 1987, and before October 1, 1988, shall have the effect of increasing the rate of salary or basic pay for any office or position in the legislative, executive, or judicial branch or in the government of the District of Columbia - "(1) if the rate of salary or basic pay payable for that office or position as of September 30, 1987, was equal to or greater than the rate of basic pay then payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; or "(2) to a rate exceeding the rate of basic pay payable for level V of the Executive Schedule under such section 5316 as of September 30, 1987, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level V. "(b) For purposes of subsection (a), the rate of salary or basic pay payable as of September 30, 1987, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed - "(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia; "(2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or "(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch." Pub. L. 100-202, Sec. 110(a), Dec. 22, 1987, 101 Stat. 1329-436, provided that: "(1) Two-percent increase. - Notwithstanding any other provision of law, in the case of fiscal year 1988, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems (as defined by section 5301(c) of such title), shall be an increase of 2 percent. "(2) Uniform adjustments; delayed effective date. - Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage and shall take effect as of the beginning of the first applicable pay period beginning on or after January 1, 1988." 1986 - Pub. L. 99-500, Sec. 144(a), Oct. 18, 1986, 100 Stat. 1783- 350, and Pub. L. 99-591, Sec. 144(a), Oct. 30, 1986, 100 Stat. 3341-353, provided that: "(1) Notwithstanding any other provision of law, in the case of fiscal year 1987, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems, shall be an increase of 3 percent. "(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1987. "(3)(A) Notwithstanding any other provision of law, determinations relating to amounts to be appropriated in order to provide for the adjustment described in paragraph (1) shall be made based on the assumption that the various departments and agencies of the Government will, in the aggregate, absorb 50 percent of the increase in total pay for fiscal year 1987. "(B) Subparagraph (A) does not apply with respect to the Department of Defense or pay for employees of the Department of Defense. "(4) For purposes of this subsection - "(A) the term 'total pay' means, with respect to a fiscal year, the total amount of basic pay which will be payable to employees covered by statutory pay systems for service performed during such fiscal year; "(B) the term 'increase in total pay' means, with respect to a fiscal year, that part of total pay for such year which is attributable to the adjustment taking effect under this section during such year; and "(C) the term 'statutory pay system' has the meaning given such term by section 5301(c) of title 5, United States Code." Pub. L. 99-272, title XV, Sec. 15201(a), Apr. 7, 1986, 100 Stat. 332, provided that: "(1) The rates of pay under the General Schedule and the rates of pay under the other statutory pay systems referred to in section 5301(c) of title 5, United States Code, shall not be adjusted under section 5305 of such title during fiscal year 1986. "(2)(A)(i) For fiscal years 1987 and 1988, the President shall provide for the adjustment of rates of pay under section 5305 of title 5, United States Code, as appropriate to reduce outlays, relating to pay of officers and employees of the Federal Government, by at least $746,000,000 in fiscal year 1987 and $1,264,000,000 in fiscal year 1988 (without regard to reductions in outlays which result by reason of subparagraph (B)(ii) of this paragraph, paragraph (1) of this subsection, subsection (b) of this section, and the application of section 1009 of title 37, United States Code), computed using the baseline used for the First Concurrent Resolution on the Budget for Fiscal Year 1986 (S. Con. Res. 32, 99th Congress), agreed to on August 1, 1985. "(ii) Clause (i) of this subparagraph shall not be construed to suspend the requirements of section 5305 of title 5, United States Code, with respect to fiscal years 1987 and 1988. "(B) Each adjustment in a pay rate or schedule which takes effect pursuant to subparagraph (A) of this paragraph - "(i) shall, to the maximum extent practicable, be of the same percentage; and "(ii) shall be effective with respect to pay periods beginning on or after January 1 of the fiscal year involved." 1984 - Pub. L. 98-270, title II, Sec. 202(a), Apr. 18, 1984, 98 Stat. 158, provided that: "(1) Notwithstanding any other provision of law, in the case of fiscal year 1984, the overall percentage of the adjustment under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule, and in the rates of pay under the other statutory pay systems, shall be an increase of 4 percent. "(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1 of such fiscal year." 1982 - Pub. L. 97-253, title III, Sec. 310(a), Sept. 8, 1982, 96 Stat. 799, provided that: "(1) Notwithstanding any other provision of law, if - "(A) before September 1, 1982, the President transmits to the Congress pursuant to section 5305(c)(1) of title 5, United States Code, an alternative plan which provides for an overall percentage pay adjustment which is less than 4 percent, and "(B) the alternative plan referred to in subparagraph (A) is disapproved pursuant to such section 5305, the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems shall be increased under the provisions of such section 5305 by 4 percent in the case of fiscal year 1983. "(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect on the first day of the first applicable pay period commencing on or after October 1 of such fiscal year." 1981 - Pub. L. 97-35, title XVII, Sec. 1701(a), Aug. 13, 1981, 95 Stat. 753, provided that: "Notwithstanding any other provision of law, the overall percentage of the adjustment of the rates of pay under the General Schedule or any other statutory pay system under section 5305 of title 5, United States Code, which is to become effective with the first applicable pay period commencing on or after October 1, 1981, shall not exceed 4.8 percent." 1978 - Pub. L. 95-429, title VI, Sec. 614, Oct. 10, 1978, 92 Stat. 1018, provided that: "(a) No part of any of the funds appropriated for the fiscal year ending September 30, 1979, by this Act or any other Act, may be used to pay the salary or pay of any individual in any office or position in an amount which exceeds the rate of salary or basic pay payable for such office or position on September 30, 1978, by more than 5.5 percent, as a result of any adjustments which take effect during such fiscal year under - "(1) section 5305 of title 5, United States Code; "(2) any other provision of law if such adjustment is determined by reference to such section 5305; or "(3) section 5343 of title 5, United States Code, if such adjustment is granted pursuant to a wage survey (but only with respect to prevailing rate employees described in section 5342(a)(2)(A) of that title). "(b) For the purpose of administering any provision of law, rule, or regulation which provides premium pay, retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay." 1971 - Pub. L. 92-210, Sec. 3, Dec. 22, 1971, 85 Stat. 753, provided that: "Notwithstanding any provision of section 3(c) of the Federal Pay Comparability Act of 1970 (Public Law 91-656), or of section 5305 of title 5, United States Code, as added by section 3(a) of Public Law 91-656, and the provisions of the alternative plan submitted by the President to the Congress pursuant thereto on August 31, 1971, such comparability adjustments in the rates of pay of each Federal statutory pay system as may be required under such sections 5305 and 3(c), based on the 1971 Bureau of Labor Statistics survey - "(1) shall not be greater than the guidelines established for the wage and salary adjustments for the private sector that may be authorized under authority of any statute of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379; 84 Stat. 799), as amended [formerly set out as a note under section 1904 of Title 12, Banks and Banking], and that may be in effect on December 31, 1971; and "(2) shall be placed into effect on the first day of the first pay period that begins on or after January 1, 1972. Nothing in this section shall be construed to provide any adjustments in rates of pay of any Federal statutory pay system which are greater than the adjustments based on the 1971 Bureau of Labor Statistics survey." Section 3(c) of Pub. L. 91-656 provided that: "The President may make the initial adjustment required by subchapter I of chapter 53 of title 5, United States Code, as amended by this Act, without regard to the provisions of such subchapter relating to the Advisory Committee on Federal Pay and the Federal Employees Pay Council. Notwithstanding any provision of such subchapter I prescribing an effective date of October 1 for any pay adjustment made by the President, the initial adjustment based on the 1970 Bureau of Labor Statistics survey and the adjustment based on the 1971 Bureau of Labor Statistics survey shall become effective on the first day of the first applicable pay period that begins on or after January 1, 1971, and January 1, 1972, respectively. Notwithstanding the provisions of such subchapter I, the President's agent for purposes of the 1971 and 1972 adjustments shall be the Director, Office of Management and Budget and the Chairman, United States Civil Service Commission. Adjustments under the provisions of such subchapter I shall not apply to employees of the Post Office Department whose basic pay is fixed under the General Schedule." 1967 - Pub. L. 90-206, title II, Sec. 212, Dec. 16, 1967, 81 Stat. 634, provided that: "In order to complete the implementation of the policy of the Congress set forth in paragraph (2) of section 5301 of title 5, United States Code, the President, after seeking the views of such employee organizations as he considers appropriate and in such manner as he may provide, shall - "(1) effective on the first day of the first pay period beginning on or after July 1, 1968, adjust the rates of basic pay, basic compensation, and salary, as in effect by reason of the enactment of the provisions of this title [see Short Title note under section 5332 of this title] other than this section and sections 205, 210, 213, 214, 215, and 219 - "(A) by amounts equal, as nearly as may be practicable, to one-half of the amounts by which such rates are exceeded by rates of pay paid for the same levels of work in private enterprise as determined on the basis of the 1967 annual survey conducted by the Bureau of Labor Statistics in accordance with the provisions of section 5302 of title 5, United States Code, or "(B) by 3 per centum, whichever is greater; and "(2) effective on the first day of the first pay period beginning on or after July 1, 1969, adjust the rates he has established under subparagraph (1) of this section, and the rates established by Postal Field Service Schedule II, and Rural Carrier Schedule II (contained in the amendments made by subsections (a) and (b) of section 205 [amending sections 3542 and 3543 of Title 39, Postal Service], by amounts equal, as nearly as may be practicable, to the amounts by which such rates are exceeded by rates of pay paid for the same levels of work in private enterprise as determined on the basis of the 1968 annual survey conducted by the Bureau of Labor Statistics in accordance with the provisions of section 5302 of title 5, United States Code. Adjustments made by the President under this section shall have the force and effect of statute. The rates of pay of personnel subject to sections 210, 213 (except subsections (d) and (e) ), and 214 of this title [see Short Title note under section 5332 of this title], and any minimum or maximum rate, limitation, or allowance applicable to any such personnel, shall be adjusted, by amounts which are equal, insofar as practicable and with such exceptions as may be necessary to provide for appropriate relationships between positions, to the amounts of the adjustments made by the President under subparagraphs (1) and (2) of this section, by the following authorities - "(i) the President pro tempore of the Senate, with respect to the United States Senate; "(ii) the Speaker of the House of Representatives with respect to the United States House of Representatives; "(iii) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol; "(iv) the Director of the Administrative Office of the United States Courts, with respect to the judicial branch of the Government; and "(v) the Secretary of Agriculture, with respect to persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b) ). Such adjustments shall be made in such manner as the appropriate authority concerned deems advisable and shall have the force and effect of statute. Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action." [Section 212 of Pub. L. 90-206 effective Dec. 16, 1967, see section 220(a)(1) of Pub. L. 90-206, set out as a note under section 3110 of this title.] -End- -CITE- 5 USC Sec. 5304 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5304. Locality-based comparability payments -STATUTE- (a) Pay disparities shall be identified and reduced as follows: (1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. (2)(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. (B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. (3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that - (A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than 1/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than 2/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than 1/2 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than 3/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than 4/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and (I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent. (4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality's pay disparity completely. (b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable). (c)(1) The amount of the comparability payment payable within any particular locality during a calendar year - (A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and (B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee's scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). (2) A comparability payment - (A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and (B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. (3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. (4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section. (B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality. (d) In order to carry out this section, the President shall - (1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that - (A) compares the rates of pay under the General Schedule (disregarding any described in section 5302(8)(C)) (!1) with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate surveys that shall be conducted by the Bureau of Labor Statistics; (B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable); (C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and (D) includes the views and recommendations submitted under subsection (e); (2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and (3) transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall - (A) identify each pay locality; (B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent's most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and (C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. (e)(1) The President shall establish a Federal Salary Council of 9 members, of whom - (A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and (B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. However, members under subparagraph (A) may be paid expenses in accordance with section 5703. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. (2) The pay agent shall - (A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding - (i) the establishment or modification of pay localities; (ii) the coverage of the surveys of pay localities conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries to be surveyed, and how pay localities are to be surveyed); (iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and (iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; (B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-(iv); and (C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. (f)(1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that - (A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and (B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. (2)(A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. (B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). (g)(1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. (2) The applicable maximum under this subsection shall be level III of the Executive Schedule for - (A) positions under subparagraphs (A) and (B) of subsection (h)(1); and (B) any positions under subsection (h)(1)(C) as the President may determine. (h)(1) For the purpose of this subsection, the term "position" means - (A) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); (B) a position to which section 5372a applies (relating to contract appeals board members); and (C) a position within an Executive agency not covered under the General Schedule or any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) no more than the rate payable for level IV of the Executive Schedule; but does not include - (i) a position to which subchapter IV applies (relating to prevailing rate systems); (ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions); (iii) a position to which subchapter II applies (relating to the Executive Schedule); (iv) a Senior Executive Service position under section 3132; (v) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; (vi) a position in a system equivalent to the system in clause (iv), as determined by the President's Pay Agent designated under subsection (d); or (vii) a position to which section 5376 applies (relating to certain senior-level and scientific and professional positions). (2)(A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. (B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover - (i) with respect to the positions under subparagraphs (A) and (B) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of such paragraph); and (ii) with respect to positions under paragraph (1)(C), such positions as may be considered appropriate (excluding any under clause (i), (ii), (iii), (iv), (v), (vi), or (vii) of paragraph (1)). (C) Notwithstanding subsection (c)(4) or any other provision of law, but subject to paragraph (3), in the case of a category with positions that are in more than 1 Executive agency, the President may, on his own initiative, provide that each employee who holds a position within such category, and in the locality involved, shall be entitled to receive comparability payments. No later than 30 days before an employee receives comparability payments under this subparagraph, the President or the President's designee shall submit a detailed report to the Congress justifying the reasons for the extension, including consideration of recruitment and retention rates and the expense of extending locality pay. (3) Comparability payments under this subsection - (A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; (B) shall take effect, within the locality involved, on the first day of the first applicable pay period commencing on or after such date as the President designates (except that no date may be designated which would require any retroactive payments), and shall remain in effect through the last day of the last applicable pay period commencing during that calendar year; (C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and (D) shall be subject to the applicable limitation under subsection (g). (i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 91-375, Sec. 6(c)(11), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-465, title II, Sec. 2314(c)(3), Oct. 17, 1980, 94 Stat. 2168; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1431; Pub. L. 102-378, Sec. 2(26), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 108-136, div. A, title XI, Sec. 1125(a)(1), Nov. 24, 2003, 117 Stat. 1638; Pub. L. 108-411, title III, Sec. 302(a)(1), Oct. 30, 2004, 118 Stat. 2318; Pub. L. 110-372, Sec. 2(a), Oct. 8, 2008, 122 Stat. 4043.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 1174. Oct. 11, 1962, Pub. L. 87-793, Sec. 505, 76 Stat. 842. -------------------------------------------------------------------- The words "agencies" and "regulations" are substituted for "departments" and "rules", respectively. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of this title. Section 5302(8)(C), referred to in subsec. (d)(1)(A), was redesignated 5302(8)(B) of this title by Pub. L. 103-89, Sec. 3(b)(1)(E)(i)(II), Sept. 30, 1993, 107 Stat. 981. Levels III and IV of the Executive Schedule, referred to in subsecs. (g) and (h)(1)(C), are set out in sections 5314 and 5315, respectively, of this title. -MISC2- AMENDMENTS 2008 - Subsec. (g)(2). Pub. L. 110-372, Sec. 2(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for - "(A) positions under subparagraphs (A)-(C) of subsection (h)(1); and "(B) any positions under subsection (h)(1)(D) which the President may determine." Subsec. (h)(1). Pub. L. 110-372, Sec. 2(a)(2)(A)(ii), which directed amendment of subsec. (h)(1)(D) by striking "or" at end of cl. (v), substituting "; or" for period at end of cl. (vi), and adding at end a new cl. (vii), was executed by making the strike out and substitution in the cls. (v) and (vi) which follow subpar. (D) and by adding cl. (vii) after cl. (vi), to reflect the probable intent of Congress. Subsec. (h)(1)(A) to (D). Pub. L. 110-372, Sec. 2(a)(2)(A)(i), (iii), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: "a position to which section 5376 applies (relating to certain senior-level positions);". Subsec. (h)(2)(B)(i). Pub. L. 110-372, Sec. 2(a)(2)(B)(i), substituted "subparagraphs (A) and (B)" for "subparagraphs (A) through (C)" and "(vi), or (vii)" for "or (vi)". Subsec. (h)(2)(B)(ii). Pub. L. 110-372, Sec. 2(a)(2)(B)(ii), substituted "paragraph (1)(C)" for "paragraph (1)(D)" and "(vi), or (vii)" for "or (vi)". 2004 - Subsec. (g)(2)(A). Pub. L. 108-411, Sec. 302(a)(1)(A), substituted "(A)-(C)" for "(A)-(D)". Subsec. (h)(2)(B)(i). Pub. L. 108-411, Sec. 302(a)(1)(B), substituted "or (vi)" for "or (vii)". 2003 - Subsec. (g)(2)(A). Pub. L. 108-136, Sec. 1125(a)(1)(A)(i), substituted "subparagraphs (A)-(D)" for "subparagraphs (A)-(E)". Subsec. (g)(2)(B). Pub. L. 108-136, Sec. 1125(a)(1)(A)(ii), substituted "subsection (h)(1)(D)" for "subsection (h)(1)(F)". Subsec. (h)(1)(B) to (F). Pub. L. 108-136, Sec. 1125(a)(1)(B)(i), (ii), redesignated subpars. (D), (E), and (F) as (B), (C), and (D), respectively, and struck out former subpars. (B) and (C) which read as follows: "(B) a Senior Executive Service position under section 3132; "(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151;". Subsec. (h)(1)(iv) to (vi). Pub. L. 108-136, Sec. 1125(a)(1)(B)(iii)-(v), added cls. (iv) to (vi). Subsec. (h)(2)(B)(i). Pub. L. 108-136, Sec. 1125(a)(1)(C)(i), substituted "subparagraphs (A) through (C)" for "subparagraphs (A) through (E)" and "clause (i), (ii), (iii), (iv), (v), or (vii)" for "clause (i) or (ii)". Subsec. (h)(2)(B)(ii). Pub. L. 108-136, Sec. 1125(a)(1)(C)(ii), substituted "paragraph (1)(D)" for "paragraph (1)(F)" and "clause (i), (ii), (iii), (iv), (v), or (vi)" for "clause (i) or (ii)". 1992 - Subsec. (a)(3). Pub. L. 102-378, Sec. 2(26)(A)(i), substituted "Subject to paragraph (4)," for "Subject to paragraphs (4) and (5)," and "a comparability payment" for "a comparative payment". Subsec. (a)(3)(H). Pub. L. 102-378, Sec. 2(26)(A)(ii), inserted "and" after semicolon at end. Subsec. (a)(3)(I). Pub. L. 102-378, Sec. 2(26)(A)(iii), substituted a period for semicolon at end. Subsec. (d)(1)(A). Pub. L. 102-378, Sec. 2(26)(B), inserted "(disregarding any described in section 5302(8)(C))" after "General Schedule" and struck out "annual" before "surveys". Subsec. (e)(1). Pub. L. 102-378, Sec. 2(26)(C)(i), inserted after second sentence "However, members under subparagraph (A) may be paid expenses in accordance with section 5703." Subsec. (e)(2)(A)(ii). Pub. L. 102-378, Sec. 2(26)(C)(ii), substituted "surveys of pay localities" for "annual survey" and "industries" for "industries,". Subsec. (g)(2). Pub. L. 102-378, Sec. 2(26)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "For positions under subparagraphs (A)-(E) of subsection (h)(1), the applicable maximum under this subsection shall be level III of the Executive Schedule." Subsec. (h)(1)(F). Pub. L. 102-378, Sec. 2(26)(E)(i)(I), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule;". Subsec. (h)(1)(iii). Pub. L. 102-378, Sec. 2(26)(E)(i)(II)-(IV), added cl. (iii). Subsec. (h)(2)(C). Pub. L. 102-378, Sec. 2(26)(E)(ii), added subpar. (C). Subsec. (h)(3)(B). Pub. L. 102-378, Sec. 2(26)(E)(iii), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President;". 1990 - Pub. L. 101-509 amended section generally, substituting provisions relating to locality-based comparability payments for provisions making functions, duties, and regulations of agencies and Office of Personnel Management with respect to this subchapter subject to Presidential policies and regulations. 1980 - Pub. L. 96-465 substituted "the Foreign Service Act of 1980" for "chapter 14 of title 22" in provisions preceding par. (1). 1978 - Pub. L. 95-454 substituted "Office of Personnel Management" for "Civil Service Commission". 1970 - Pub. L. 91-375 struck out provisions making functions, duties and regulations of the agencies and the Civil Service Commission with respect to the provisions of part III of title 39 relating to employees in the postal field service subject to Presidential policies and regulations. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-372 effective on the first day of the first pay period beginning on or after the 180th day following Oct. 8, 2008, see section 2(d) of Pub. L. 110-372, set out as a note under section 5376 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-411, title III, Sec. 302(a)(2), Oct. 30, 2004, 118 Stat. 2318, provided that: "The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136)." EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-136, div. A, title XI, Sec. 1125(c), Nov. 24, 2003, 117 Stat. 1640, provided that: "(1) The amendments made by this section [enacting section 7302 of this title and amending this section, sections 5382 and 5383 of this title, and section 207 of Title 18, Crimes and Criminal Procedure] shall take effect on the first day of the first pay period beginning on or after the first January 1 following the date of the enactment of this section [Nov. 24, 2003]. "(2) The amendments made by subsection (a) [amending this section and sections 5382 and 5383 of this title] may not result in a reduction in the rate of basic pay for any senior executive during the first year after the effective date of those amendments. "(3) For the purposes of paragraph (2), the rate of basic pay for a senior executive shall be deemed to be the rate of basic pay set for the senior executive under section 5383 of title 5, United States Code, plus applicable locality pay paid to that senior executive, as of the date of the enactment of this Act [Nov. 24, 2003]. "(4) Until otherwise provided by law, or except as otherwise provided by this section, any reference in a provision of law to a rate of basic pay that is above the minimum payable and below the maximum payable to a member of the Senior Executive Service shall be considered a reference to the rate of basic pay payable for level IV of the Executive Schedule." EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, with provision that first calendar year in which comparability payments under this section are paid shall be calendar year beginning Jan. 1, 1994, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -TRANS- DELEGATION OF FUNCTIONS For designation of agents of President under subsecs. (d)(1) and (h) of this section, see Ex. Ord. No. 12748, Sec. 2(a), Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under section 5301 of this title. -MISC3- COMPARABILITY PAYMENTS BETWEEN 2002 AND 2007; COMPARISONS AND RECOMMENDATIONS; REVISION OF METHODOLOGY Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 637], Dec. 21, 2000, 114 Stat. 2763, 2763A-165, provided that: "(a) For purposes of this section - "(1) the term 'comparability payment' refers to a locality- based comparability payment under section 5304 of title 5, United States Code; "(2) the term 'President's pay agent' refers to the pay agent described in section 5302(4) of such title; and "(3) the term 'pay locality' has the meaning given such term by section 5302(5) of such title. "(b) Notwithstanding any provision of section 5304 of title 5, United States Code, for purposes of determining appropriate pay localities and making comparability payment recommendations, the President's pay agent may, in accordance with succeeding provisions of this section, make comparisons of General Schedule pay and non- Federal pay within any of the metropolitan statistical areas described in subsection (d)(3), using - "(1) data from surveys of the Bureau of Labor Statistics; "(2) salary data sets obtained under subsection (c); or "(3) any combination thereof. "(c) To the extent necessary in order to carry out this section, the President's pay agent may obtain any salary data sets (referred to in subsection (b)) from any organization or entity that regularly compiles similar data for businesses in the private sector. "(d)(1)(A) This paragraph applies with respect to the five metropolitan statistical areas described in paragraph (3) which - "(i) have the highest levels of nonfarm employment (as determined based on data made available by the Bureau of Labor Statistics); and "(ii) as of the date of the enactment of this Act [Dec. 21, 2000], have not previously been surveyed by the Bureau of Labor Statistics (as discrete pay localities) for purposes of section 5304 of title 5, United States Code. "(B) The President's pay agent, based on such comparisons under subsection (b) as the pay agent considers appropriate, shall: (i) determine whether any of the five areas under subparagraph (A) warrants designation as a discrete pay locality; and (ii) if so, make recommendations as to what level of comparability payments would be appropriate during 2002 for each area so determined. "(C)(i) Any recommendations under subparagraph (B)(ii) shall be included - "(I) in the pay agent's report under section 5304(d)(1) of title 5, United States Code, submitted for purposes of comparability payments scheduled to become payable in 2002; or "(II) if compliance with subclause (I) is impracticable, in a supplementary report which the pay agent shall submit to the President and the Congress no later than March 1, 2001. "(ii) In the event that the recommendations are completed in time to be included in the report described in clause (i)(I), a copy of those recommendations shall be transmitted by the pay agent to the Congress contemporaneous with their submission to the President. "(D) Each of the five areas under subparagraph (A) that so warrants, as determined by the President's pay agent, shall be designated as a discrete pay locality under section 5304 of title 5, United States Code, in time for it to be treated as such for purposes of comparability payments becoming payable in 2002. "(2) The President's pay agent may, at any time after the 180th day following the submission of the report under subsection (f), make any initial or further determinations or recommendations under this section, based on any pay comparisons under subsection (b), with respect to any area described in paragraph (3). "(3) An area described in this paragraph is any metropolitan statistical area within the continental United States that (as determined based on data made available by the Bureau of Labor Statistics and the Office of Personnel Management, respectively) has a high level of nonfarm employment and at least 2,500 General Schedule employees whose post of duty is within such area. "(e)(1) The authority under this section to make pay comparisons and to make any determinations or recommendations based on such comparisons shall be available to the President's pay agent only for purposes of comparability payments becoming payable on or after January 1, 2002, and before January 1, 2007, and only with respect to areas described in subsection (d)(3). "(2) Any comparisons and recommendations so made shall, if included in the pay agent's report under section 5304(d)(1) of title 5, United States Code, for any year (or the pay agent's supplementary report, in accordance with subsection (d)(1)(C)(i)(II)), be considered and acted on as the pay agent's comparisons and recommendations under such section 5304(d)(1) for the area and the year involved. "(f)(1) No later than March 1, 2001, the President's pay agent shall submit to the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives, the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate, and the Committees on Appropriations of the House of Representatives and of the Senate, a report on the use of pay comparison data, as described in subsection (b)(2) or (3) (as appropriate), for purposes of comparability payments. "(2) The report shall include the cost of obtaining such data, the rationale underlying the decisions reached based on such data, and the relative advantages and disadvantages of using such data (including whether the effort involved in analyzing and integrating such data is commensurate with the benefits derived from their use). The report may include specific recommendations regarding the continued use of such data. "(g)(1) No later than May 1, 2001, the President's pay agent shall prepare and submit to the committees specified in subsection (f)(1) a report relating to the ongoing efforts of the Office of Personnel Management, the Office of Management and Budget, and the Bureau of Labor Statistics to revise the methodology currently being used by the Bureau of Labor Statistics in performing its surveys under section 5304 of title 5, United States Code. "(2) The report shall include a detailed accounting of any concerns the pay agent may have regarding the current methodology, the specific projects the pay agent has directed any of those agencies to undertake in order to address those concerns, and a time line for the anticipated completion of those projects and for implementation of the revised methodology. "(3) The report shall also include recommendations as to how those ongoing efforts might be expedited, including any additional resources which, in the opinion of the pay agent, are needed in order to expedite completion of the activities described in the preceding provisions of this subsection, and the reasons why those additional resources are needed." FREEZE OF CURRENT RATE FOR LOCALITY-BASED COMPARABILITY ADJUSTMENTS Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 902(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-304, which provided that notwithstanding any other law, no officer or member of the United States Secret Service Uniformed Division or Park Police was to be paid locality pay under section 5304 or 5304a of this title, at a percentage rate for the applicable locality in excess of the rate in effect for pay periods during calendar year 2000, ceased to be effective on the first day of the first pay period on or after Jan. 1, 2003, pursuant to Pub. L. 108-7, div. J, title VI, Sec. 643, Feb. 20, 2003, 117 Stat. 473. COMPARABILITY PAYMENTS IN 1994 AND 1995 Pub. L. 103-329, title VI, Sec. 630(b), (c), Sept. 30, 1994, 108 Stat. 2424, provided that: "(b) For purposes of any locality-based comparability payments taking effect in fiscal year 1995 under subchapter I of chapter 53 of title 5, United States Code (whether by adjustment or otherwise), section 5304(a) of such title shall be deemed to be without force or effect. "(c) Notwithstanding section 5304(a)(3)(B) of title 5, United States Code, the annualized cost of pay adjustments made under section 5304 of such title in calendar year 1995 shall be equal to 0.6 percent of the estimated aggregate fiscal year 1995 executive branch civilian payroll - "(1) as determined by the pay agent (within the meaning of section 5302 of such title); and "(2) determined as if the rates of pay and comparability payments payable on September 30, 1994, had remained in effect." Section 8(b) of Pub. L. 102-378 provided that: "Notwithstanding section 5304 of title 5, United States Code, for purposes of any comparability payments scheduled to take effect under such section during calendar years 1994 and 1995, respectively - "(1) the report required by subsection (d)(1) of such section may be submitted not later than 1 month before the start of the calendar year for purposes of which it is prepared; and "(2) the surveys conducted by the Bureau of Labor Statistics for use in preparing any such report may be other than annual surveys, and shall, to the greatest extent practicable, be completed not later than 4 months before the start of the calendar year for purposes of which the surveys are conducted." INTERIM GEOGRAPHIC ADJUSTMENTS Section 529 [title III, Sec. 302] of Pub. L. 101-509, as amended by Pub. L. 102-378, Sec. 3(4), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 103-89, Sec. 3(b)(2), Sept. 30, 1993, 107 Stat. 982, provided that: "(a) Definitions. - For the purpose of this section - "(1) the term 'area' means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and "(2) the term 'pay relative' shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. "(b) Authority. - (1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). "(2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. "(c) Administration. - (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of - "(A) the basic pay to which a percentage is applied in computing an amount payable under this section; "(B) the purposes for which any amount under this section is to be considered part of basic pay; "(C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and "(D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. "(2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). "(d) Commencement and Termination Rules. - (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. "(2)(A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act [section 529 [title I, Sec. 101] of Pub. L. 101-509, see Tables for classification] take effect [see Effective Date of 1990 Amendment note set out under section 5301 of this title], except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. "(B) The total rate to which subparagraph (A) applies is the sum of - "(i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act), are payable; and "(ii) the rate at which payments under this section are payable. "(e) Employees Receiving Special Pay Rates. - The President (or his designated agent) shall determine what, if any, geographic adjustment shall be payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code (as in effect before the date of enactment of this Act [Nov. 5, 1990]), section 5305 of title 5, United States Code (as amended by section 101 of this Act), or any similar provision of law. "(f) Effective Date. - This section shall take effect on the date of enactment of this Act [Nov. 5, 1990]." [Amendment by Pub. L. 103-89 to section 529 [title III, Sec. 302] of Pub. L. 101-509, set out above, effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as an Effective Date of 1993 Amendment note under section 3372 of this title.] [Amendment by Pub. L. 102-378 to section 529 [title III, Sec. 302] of Pub. L. 101-509, set out above, effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102-378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.] Interim geographic adjustments pursuant to section 529 [title III, Sec. 302] of Pub. L. 101-509, set out above, were provided by the following executive orders, formerly set out as notes under section 5332 of this title, effective on the first day of first pay period beginning on or after the effective date shown: Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, effective Jan. 1, 1995. Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, effective Jan. 1, 1993. Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, effective Jan. 1, 1992. Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, effective Jan. 1, 1991. -EXEC- EXECUTIVE ORDER NO. 11073 Ex. Ord. No. 11073, Jan. 7, 1963, 28 F.R. 203, as amended by Ex. Ord. No. 11173, Aug. 20, 1964, 29 F.R. 11999, which provided for Federal salary administration, was superseded by Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, formerly set out below. EXECUTIVE ORDER NO. 11721 Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, as amended by Ex. Ord. No. 12004, July 20, 1977, 42 F.R. 37527; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for administration of the Federal pay system, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out under section 5301 of this title. EX. ORD. NO. 12764. FEDERAL SALARY COUNCIL Ex. Ord. No. 12764, June 5, 1991, 56 F.R. 26587, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5304(e) of title 5, United States Code, as amended, and in order to establish, in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), an advisory committee on locality-based comparability payments for General Schedule employees, it is hereby ordered as follows: Section 1. Establishment. There is established a Federal Salary Council (the "Council"). The Council shall be composed of nine members appointed by the President in accordance with section 5304(e)(1) of title 5, United States Code. The President shall designate one of the members to serve as Chairman of the Council and shall designate another member to serve as Vice Chairman of the Council. The Vice Chairman shall act as Chairman in the absence of the Chairman. Sec. 2. Function. The Council shall meet with the President's Pay Agent, as designated under section 2(a) of Executive Order No. 12748 of February 1, 1991 [5 U.S.C. 5301 note], to provide views and recommendations regarding: (a) the establishment or modification of pay localities; (b) the coverage of annual surveys conducted by the Bureau of Labor Statistics under subsection 5304(d)(1)(A) of title 5, United States Code (including, but not limited to, the occupations, establishment sizes, and industries to be surveyed, and how pay localities are to be surveyed); (c) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and (d) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of section 5304 of title 5, United States Coce [sic]. Sec. 3. Administration. (a) Members of the Council shall receive no pay by reason of their service on the Council. (b) To the extent permitted by law and subject to the availability of appropriations, the Office of Personnel Management (the "Office") shall provide such facilities and administrative support to the Council as the Director of the Office determines appropriate. (c) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended [5 U.S.C. App.], except that of reporting to the Congress, which are applicable to the Council, shall be performed by the Director of the Office, in accordance with the guidelines and procedures established by the Administrator of General Services. George Bush. LOCALITY-BASED COMPARABILITY PAYMENTS For adjustment of locality-based comparability payments under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. Approvals of locality-based comparability payments recommended by the Director of the Office of Personnel Management were contained in the following: Memorandum of President of the United States, Nov. 30, 1994, 59 F.R. 62549. Memorandum of President of the United States, Dec. 1, 1993, 58 F.R. 64097. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 5 USC Sec. 5304a 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5304a. Authority to fix an alternative level of comparability payments -STATUTE- (a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall - (1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and (2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304. (b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. -SOURCE- (Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436.) -MISC1- 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, Sec. 305] of Pub. L. 101- 509, set out as an Effective Date of 1990 Amendment note under section 5301 of this title. SPECIAL RULE RELATING TO COMPARABILITY PAYMENTS IN 1994 Section 634 of Pub. L. 101-509 provided that: "Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under section 5301 of this title] and any provision of law amended by such Act), for purposes of any comparability payments scheduled to take effect under section 5304 of title 5, United States Code (as amended by such Act) during calendar year 1994 - "(1) deem section 5304a of such title (as so amended) to be amended as follows: "(A) in subsection (a), strike 'If' and all that follows thereafter through 'welfare,' and insert 'Subject to subsection (c), if'; and "(B) add after subsection (b) the following: " '(c)(1) For the purpose of this section - " '(A) the "threshold amount" is $1,800,000,000; and " '(B) "severe economic conditions" shall be considered to exist relative to comparability payments scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP. " '(2) Authority under this section to provide an alternative level of comparability payments in any year may not be exercised except in accordance with the following: " '(A) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be equal to the threshold amount or less, no alternative level may be fixed under this section unless necessary because a state of war or severe economic conditions exist. " '(B) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be greater than the threshold amount, no alternative level may be fixed - " '(i) at a level which would result in an estimated cost equal to or greater than the threshold amount, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or " '(ii) at a level which would result in an estimated cost less than the threshold amount, unless necessary because of either of the reasons set forth in subparagraph (A). " '(d)(1) The President's agent (as referred to in section 5304(d)) shall develop and include in the appropriate report under section 5304(d)(1) the methodology for estimating any costs under this section, and any estimate under this section shall be in accordance with such methodology. " '(2) In making any estimate under this section, costs attributable to any authority under section 5304(h) may not be taken into account.'; and "(2) the President's pay agent (referred to in section 5304(d) of such title, as so amended) may use appropriate estimates in lieu of BLS survey data if such data is not available for use in preparing the agent's report with respect to comparability payments payable during calendar year 1994." -End- -CITE- 5 USC Sec. 5305 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5305. Special pay authority -STATUTE- (a)(1) Whenever the Office of Personnel Management finds that the Government's recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an agency removes a category of employees from coverage under a special rate authorization after that authorization takes effect, the loss of coverage will take effect on the first day of the first pay period after the date of the notice. (b) The circumstances referred to in subsection (a) are - (1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; (2) the remoteness of the area or location involved; (3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or (4) any other circumstances which the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate. (c) Authority under subsection (a) may be exercised with respect to positions paid under - (1) a statutory pay system; or (2) any other pay system established by or under Federal statute for civilian positions within the executive branch. (d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the Office of Personnel Management (or by such other agency as the President may designate under the last sentence of subsection (a)(1)). The actions and revisions have the force and effect of statute. (e) An increase in a rate of pay established under this section is not an equivalent increase in pay within the meaning of section 5335. (f) When a schedule of special rates established under this section is adjusted under subsection (d), a covered employee's special rate will be adjusted in accordance with conversion rules prescribed by the Office of Personnel Management (or by such other agency as the President may under the last sentence of subsection (a)(1) designate). (g)(1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of pay established under this section to such extent as the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) considers appropriate, subject to paragraph (2) and subsection (h). (2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. (h) An employee shall not for any purpose be considered to be entitled to a rate of pay established under this section with respect to any period for which such employee is entitled to a higher rate of basic pay under any other provision of law. For purposes of this subsection, the term "basic pay" includes any applicable locality-based comparability payment under section 5304 or similar provision of law. (i) If an employee who is receiving a rate of pay under this section becomes subject, by virtue of moving to a new official duty station, to a different pay schedule, such employee's new rate of pay shall be initially established under conversion rules prescribed by the Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate) in conformance with the following: (1) First, determine the rate of pay to which such employee would be entitled at the new official duty station based on such employee's position, grade, and step (or relative position in the rate range) before the move. (2) Then, if (in addition to the change in pay schedule) the move also involves any personnel action or other change requiring a rate adjustment under any other provision of law, rule, or regulation, apply the applicable rate adjustment provisions, treating the rate determined under paragraph (1) as if it were the rate last received by the employee before the rate adjustment. (j) A rate determined under a schedule of special rates established under this section shall be considered to be part of basic pay for purposes of subchapter III of chapter 83, chapter 84, chapter 87, subchapter V of chapter 55, and section 5941, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe. -SOURCE- (Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1946; amended Pub. L. 94-82, title II, Sec. 202(c), Aug. 9, 1975, 89 Stat. 420; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436; Pub. L. 108-411, title III, Sec. 301(a)(2), Oct. 30, 2004, 118 Stat. 2313.) -REFTEXT- REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsecs. (a)(1) and (g)(2), is set out in section 5315 of this title. The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title. -MISC1- AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-411, Sec. 301(a)(2)(A), added subsec. (a) and struck out former subsec. (a) relating to the President's authority to establish higher minimum rates of basic pay for specified individuals where the Government's recruitment or retention efforts are, or are likely to become, significantly handicapped. Subsec. (b)(4). Pub. L. 108-411, Sec. 301(a)(2)(B), added par. (4) and struck out former par. (4) which read as follows: "any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate." Subsec. (d). Pub. L. 108-411, Sec. 301(a)(2)(C), substituted "Office of Personnel Management" for "President" and "(or by such other agency as the President may designate under the last sentence of subsection (a)(1))" for "or by such agency as he may designate". Subsec. (e). Pub. L. 108-411, Sec. 301(a)(2)(D), substituted "rate of pay" for "rate of basic pay". Subsec. (f). Pub. L. 108-411, Sec. 301(a)(2)(E), added subsec. (f) and struck out former subsec. (f) which read as follows: "The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate." Subsec. (g)(1). Pub. L. 108-411, Sec. 301(a)(2)(F), substituted "pay" for "basic pay" and "Office of Personnel Management (or such other agency as the President may under the last sentence of subsection (a)(1) designate)" for "President (or his designated agency)". Subsec. (h). Pub. L. 108-411, Sec. 301(a)(2)(G), added subsec. (h) and struck out former subsec. (h) which read as follows "The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted." Subsecs. (i), (j). Pub. L. 108-411, Sec. 301(a)(2)(H), added subsecs. (i) and (j). 1990 - Pub. L. 101-509 amended section generally, substituting provisions authorizing President to make special pay increases whenever recruitment or retention efforts are handicapped for provisions requiring annual pay reports and adjustments, authorizing alternative plan in years of emergency or when economic conditions affect the general welfare, and setting forth procedure where Congressional committee disapproves such alternative plan. 1975 - Subsec. (a)(3). Pub. L. 94-82, Sec. 202(c)(1), inserted provision relating to specification in the report to the Congress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems. Subsec. (c)(1). Pub. L. 94-82, Sec. 202(c)(2), inserted provision relating to specification in the report to the Congress of the overall percentage of the adjustment in the rates of pay under the General Schedule and under other statutory pay systems. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-411 effective on the first day of the first applicable pay period beginning on or after the 180th day after Oct. 30, 2004, with provision relating to conversion rules, see section 301(d) of Pub. L. 108-411, set out as a note under section 5363 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section assigned to the Director of the Office of Personnel Management by section 1 of Ex. Ord. No. 13415, Dec. 1, 2006, 71 F.R. 70641, set out as a note under section 4505a of this title. -MISC2- STAFFING DIFFERENTIALS Section 529 [title II, Sec. 209] of Pub. L. 101-509, as amended by Pub. L. 102-378, Sec. 3(3), Oct. 2, 1992, 106 Stat. 1355, provided that: "(a) In General. - Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in - "(1) grade GS-5 or 7 of the General Schedule; "(2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management; or "(3) any combination of classes of positions described in paragraph (1) or (2) for which the President determines a recruiting difficulty exists. "(b) Manner of Payment; Reduction or Elimination. - A staffing differential under this section - "(1) shall be paid in the same manner and at the same time as the employee's basic pay is paid, but may not be considered to be part of basic pay for any purpose; and "(2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect [see Effective Date of 1990 Amendment and Short Title of 1990 Amendment notes set out under section 5301 of this title], except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving." [Authority of President under section 529 [title II, Sec. 209] of Pub. L. 101-509, set out above, delegated to Office of Personnel Management by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under section 5301 of this title.] FEDERAL LAW ENFORCEMENT PAY REFORM Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 907(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-309, provided that: "Beginning on the effective date of this Act [see section 1(a)(4) [div. B, title IX, Sec. 909] of Pub. L. 106-554, set out in a Conversion to New Salary Schedule note under section 3056A of Title 18, Crimes and Criminal Procedure] - "(1) no existing special salary rates shall be authorized for members of the United States Park Police under section 5305 of title 5, United States Code (or any previous similar provision of law); and "(2) no special rates of pay or special pay adjustments shall be applicable to members of the United States Park Police pursuant to section 405 of the Federal Law Enforcement Pay Reform Act of 1990 [section 529 [title IV, Sec. 405] of Pub. L. 101-509, set out in a note below]." Section 529 [title IV, Secs. 401-407] of Pub. L. 101-509, as amended by Pub. L. 102-378, Sec. 3(5)-(9), Oct. 2, 1992, 106 Stat. 1356; Pub. L. 103-123, title VI, Sec. 628, Oct. 28, 1993, 107 Stat. 1266; Pub. L. 103-178, title III, Sec. 303(a), Dec. 3, 1993, 107 Stat. 2034; Pub. L. 105-61, title I, Sec. 118(e), Oct. 10, 1997, 111 Stat. 1288; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IX, Sec. 907(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-309; Pub. L. 108- 411, title I, Sec. 101(b), title III, Sec. 301(b), Oct. 30, 2004, 118 Stat. 2309, 2317, provided that: "SEC. 401. SHORT TITLE. "This title [section 529 [title IV, Secs. 401-412] of Pub. L. 101- 509, enacting sections 4521 to 4523 of this title, amending sections 5541, 5542, 5547, 8335, and 8425 of this title, enacting provisions set out as notes under this section and sections 4521, 5541, and 8335 of this title, and amending provisions set out as a note under section 5541 of this title] may be cited as the 'Federal Law Enforcement Pay Reform Act of 1990'. "SEC. 402. DEFINITION. "For the purposes of this title, except as otherwise provided, the term 'law enforcement officer' means any law enforcement officer within the meaning of section 5541(3) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. "SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. "(a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. "(b)(1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: "GS-3 Step 4 "GS-4 Step 4 "GS-5 Step 4 "GS-6 Step 3 "GS-7 Step 3 "GS-8 Step 3 "GS-9 Step 2 "GS-10 Step 2 "(2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: "GS-3 Step 7 "GS-4 Step 7 "GS-5 Step 8 "GS-6 Step 6 "GS-7 Step 5 "GS-8 Step 3 "GS-9 Step 2 "GS-10 Step 2 "(c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) and shall be basic pay for all purposes. The rates shall be adjusted at the time of adjustments in the General Schedule to maintain the step linkage set forth in subsection (b)(2). "(d) Any interim entry-level adjustment under section 209 of this Act [section 529 [title II, Sec. 209] of Pub. L. 101-509, set out as a note above] which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). "SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES. "(a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act [section 529 [title III, Sec. 302] of Pub. L. 101-509, set out as a note under section 5304 of this title], any applicable locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and, to the extent determined appropriate by the Office of Personnel Management, any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law (other than section 403). "(b)(1) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer's rate of basic pay, as follows: "Area Differe ntial -------------------------------------------------------------------- Boston-Lawrence-Salem, MA-NH Consolidated 16% Metropolitan Statistical Area Chicago-Gary-Lake County, IL-IN-WI Consolidated 4% Metropolitan Statistical Area Los Angeles-Anaheim-Riverside, CA Consolidated 16% Metropolitan Statistical Area New York-Northern New Jersey-Long Island, NY-NJ-CT 16% Consolidated Metropolitan Statistical Area Philadelphia-Wilmington-Trenton, PA-NJ-DE-MD 4% Consolidated Metropolitan Statistical Area San Francisco-Oakland-San Jose, CA Consolidated 16% Metropolitan Statistical Area San Diego, CA Metropolitan Statistical Area 8% Washington-Baltimore DC-MD-VA-WV Consolidated 4% Metropolitan Statistical Area -------------------------------------------------------------------- "(2) In the case of any area specified in paragraph (1) that includes a portion, but not all, of a county, the Office of Personnel Management may, at the request of the head of 1 or more law enforcement agencies, extend the area specified in paragraph (1) to include, for the purposes of this section, the entire county, if the Office determines that such extension would be in the interests of good personnel administration. Any such extension shall be applicable to each law enforcement officer whose post of duty is in the area of the extension. "(c)(1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. "(2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. "SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. "(a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403, 404, and 407 shall be carried out with respect to individuals holding positions described in subsection (b). "(b) This subsection applies with respect to any - "(1) special agent within the Diplomatic Security Service; "(2) probation officer (referred to in section 3672 of title 18, United States Code); or "(3) pretrial services officer (referred to in section 3153 of title 18, United States Code). "(c) For purposes of this section, the term 'appropriate agency head' means - "(1) with respect to any individual under subsection (b)(1), the Secretary of State; or "(2) with respect to any individual under subsection (b)(2) or (b)(3), the Director of the Administrative Office of the United States Courts. "SEC. 406. FBI NEW YORK FIELD DIVISION. "(a) The total pay of an employee of the Federal Bureau of Investigation assigned to the New York Field Division before the date of September 29, 1993, in a position covered by the demonstration project conducted under section 601 of the Intelligence Authorization Act for Fiscal Year 1989 (Public Law 100- 453) [102 Stat. 1911] shall not be reduced as a result of the termination of the demonstration project during the period that employee remains employed after that date in a position covered by the demonstration project. "(b) Beginning on September 30, 1993, any periodic payment under section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 1989 [Pub. L. 100-453, 102 Stat. 1911] for any such employee shall be reduced by the amount of any increase in basic pay under title 5, United States Code, including the following provisions: an annual adjustment under section 5303, locality-based comparability payment under section 5304, initiation or increase in a special pay rate under section 5305, promotion under section 5334, periodic step increase under section 5335, merit increase under section 5404, or other increase to basic pay under any provision of law." [Section 303(b) of Pub. L. 103-178 provided that: "The amendment made by subsection (a) [amending section 529 [title IV, Sec. 406] of Pub. L. 101-509, set out above] shall take effect as of September 30, 1993, and shall apply to the pay of employees to whom the amendment applies that is earned on or after that date."] [For effective dates of amendments by section 3(5)-(9) of Pub. L. 102-378 to section 529 [title IV, Secs. 402, 403(d), 404(a), (b), 405(a)] of Pub. L. 101-509, set out above, see section 9(a), (b)(6), (9) of Pub. L. 102-378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.] REPORTING REQUIREMENT Section 529 [title IV, Sec. 412] of Pub. L. 101-509 provided that: "Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan." -End- -CITE- 5 USC Sec. 5306 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5306. Pay fixed by administrative action -STATUTE- (a) Notwithstanding sections 1341, 1342, and 1349-1351 and subchapter II of chapter 15 of title 31 - (1) the rates of pay of - (A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; (B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3a (!1) of title 40, and the Superintendent of Garages, House office buildings; and (C) persons employed by the county committees established under section 590h(b) of title 16; and (2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate - (i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; (ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or (iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. (b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. (c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. (d) This section does not impair any authority under which rates of pay may be fixed by administrative action. (e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. -SOURCE- (Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1949; amended Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1437; Pub. L. 102-378, Sec. 2(27), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 104-186, title II, Sec. 215(3), Aug. 20, 1996, 110 Stat. 1745.) -REFTEXT- REFERENCES IN TEXT Section 166b-3a of title 40, referred to in subsec. (a)(1)(B), means section 166b-3a of former Title 40, Public Buildings, Property, and Works, which was transferred to section 1848 of Title 2, The Congress. The General Schedule, referred to in subsec. (a)(2), is set out under section 5332 of this title. Level V of the Executive Schedule, referred to in subsec. (e), is set out in section 5316 of this title. -MISC1- AMENDMENTS 1996 - Subsec. (a)(1)(A). Pub. L. 104-186 substituted "Chief Administrative Officer" for "Clerk". 1992 - Subsec. (a)(1)(B). Pub. L. 102-378 substituted "section 166b-3a" for "section 166b-3". 1990 - Pub. L. 101-509 amended section generally, substituting provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees for provisions establishing Advisory Committee on Federal Pay and setting forth its duties. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 5 USC Sec. 5307 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- Sec. 5307. Limitation on certain payments -STATUTE- (a)(1) Except as otherwise permitted by or under law, or as otherwise provided under subsection (d), no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. (2) This section shall not apply to any payment under - (A) subchapter III or VII of chapter 55 or section 5596; (B) chapter 57 (other than section 5753, 5754, 5755, or 5757); (!1) or (C) chapter 59 (other than section 5925, 5928, 5941(a)(2), or 5948). (b)(1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. (2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying (!2) the limitations under subsection (a) with respect to such calendar year. (c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section (subject to subsection (d)), including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made. (d)(1) Notwithstanding any other provision of this section, subsection (a)(1) shall be applied by substituting "the total annual compensation payable to the Vice President under section 104 of title 3" for "the annual rate of basic pay payable for level I of the Executive Schedule" in the case of any employee who - (A) is paid under section 5376 or 5383 of this title or section 332(f), 603, or 604 of title 28; and (B) holds a position in or under an agency which is described in paragraph (2). (2) An agency described in this paragraph is any agency which, for purposes of applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance. (3)(A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made. (B) The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months, except that such certification may be terminated at any time upon a finding that the actions of such agency have not remained in conformance with applicable requirements. (C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget. (4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3). -SOURCE- (Added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1950; amended Pub. L. 97-258, Sec. 3(a)(10), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1438; Pub. L. 102-77, Sec. 2, July 26, 1991, 105 Stat. 369; Pub. L. 107-273, div. A, title II, Sec. 207(b), Nov. 2, 2002, 116 Stat. 1780; Pub. L. 107-296, title XIII, Sec. 1322, Nov. 25, 2002, 116 Stat. 2297; Pub. L. 110-372, Sec. 3(a), Oct. 8, 2008, 122 Stat. 4045.) -REFTEXT- REFERENCES IN TEXT Level I of the Executive Schedule, referred to in subsecs. (a)(1) and (d)(1), is set out in section 5312 of this title. Section 5757, referred to in subsec. (a)(2)(B), probably means the section 5757 of this title added by Pub. L. 107-273, relating to extended assignment incentive. -MISC1- AMENDMENTS 2008 - Subsec. (d)(2). Pub. L. 110-372, Sec. 3(a)(1), substituted "applying the limitation in the calendar year involved, has a performance appraisal system certified under this subsection as making, in its design and application, meaningful distinctions based on relative performance" for "the calendar year involved, has been certified under this subsection as having a performance appraisal system which (as designed and applied) makes meaningful distinctions based on relative performance". Subsec. (d)(3)(B). Pub. L. 110-372, Sec. 3(a)(2), substituted "The certification of an agency performance appraisal system under this subsection shall be for a period not to exceed 24 months beginning on the date of certification, unless extended by the Director of the Office of Personnel Management for up to 6 additional months" for "An agency's certification under this subsection shall be for a period of 2 calendar years" and struck out ", for purposes of either or both of those years," after "time". 2002 - Subsec. (a)(1). Pub. L. 107-296, Sec. 1322(b)(1), inserted "or as otherwise provided under subsection (d)," after "under law,". Subsec. (a)(2)(B). Pub. L. 107-273 substituted "5755, or 5757" for "or 5755". Subsec. (c). Pub. L. 107-296, Sec. 1322(b)(2), substituted "this section (subject to subsection (d))," for "this section,". Subsec. (d). Pub. L. 107-296, Sec. 1322(a), added subsec. (d). 1991 - Subsec. (a). Pub. L. 102-77, Sec. 2(1)-(3), designated existing provisions as par. (1), substituted "cause the" for "cause to the", and added par. (2). Subsec. (b)(3). Pub. L. 102-77, Sec. 2(4), struck out par. (3) which read as follows: "Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e)." 1990 - Pub. L. 101-509 amended section generally, substituting provisions prohibiting cash payments to employees in excess of annual rate of basic pay payable for level I of Executive Schedule in a calendar year, for provisions authorizing adjustments in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay of certain Federal employees. 1982 - Subsec. (a). Pub. L. 97-258 substituted "sections 1341, 1342, and 1349-1351 and subchapter II of chapter 15" for "section 665". EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-372, Sec. 3(c), Oct. 8, 2008, 122 Stat. 4046, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Oct. 8, 2008]." EFFECTIVE DATE OF 2002 AMENDMENTS Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. Pub. L. 107-273, div. A, title II, Sec. 207(c), Nov. 2, 2002, 116 Stat. 1780, provided that: "The amendments made by this section [enacting section 5757 of this title and amending this section] shall take effect on the first day of the first applicable pay period beginning on or after 6 months after the date of enactment of this Act [Nov. 2, 2002]." EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EXTENSION OF CERTIFICATION Pub. L. 110-372, Sec. 3(b), Oct. 8, 2008, 122 Stat. 4045, provided that: "(1) Extension to 2009. - "(A) In general. - For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment of this Act [Oct. 8, 2008] and scheduled to expire at the end of calendar year 2008, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. "(B) Limitation. - The expiration of any extension under this paragraph shall be not later than the later of - "(i) June 30, 2009; or "(ii) the first anniversary of the date of the certification. "(2) Extension to 2010. - "(A) In general. - For any certification of a performance appraisal system under section 5307(d) of title 5, United States Code, in effect on the date of enactment and scheduled to expire at the end of calendar year 2009, the Director of the Office of Personnel Management may provide that such a certification shall be extended without requiring additional justification by the agency. "(B) Limitation. - The expiration of any extension under this paragraph shall be not later than the later of - "(i) June 30, 2010; or "(ii) the second anniversary of the date of the certification." -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "applying". -End- -CITE- 5 USC Sec. 5308 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER I - PAY COMPARABILITY SYSTEM -HEAD- [Sec. 5308. Omitted] -COD- CODIFICATION Section, added Pub. L. 91-656, Sec. 3(a), Jan. 8, 1971, 84 Stat. 1951, relating to pay limitation, was omitted in the general revision of this subchapter by Pub. L. 101-509. -End- -CITE- 5 USC SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -End- -CITE- 5 USC Sec. 5311 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5311. The Executive Schedule -STATUTE- The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which this subchapter applies. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 95-454, title IV, Secs. 408(b)(1), 414(b)(1), Oct. 13, 1978, 92 Stat. 1173, 1178; Pub. L. 96-54, Sec. 2(a)(24), Aug. 14, 1979, 93 Stat. 382; Pub. L. 100-325, Sec. 2(h)(1), (2), May 30, 1988, 102 Stat. 582; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 104(c)], Nov. 5, 1990, 104 Stat. 1427, 1447.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 2210. Aug. 14, 1964, Pub. L. 88-426, Sec. 302, 78 Stat. 415. -------------------------------------------------------------------- The words "There is hereby established" are omitted as executed. The word "offices" is omitted as included in "positions". The words "Executive Schedule" are substituted for "Federal Executive Salary Schedule". Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1990 - Pub. L. 101-509 struck out "(a)" before "The Executive Schedule, which" and struck out subsec. (b) which read as follows: "(1) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Director of the Office of Personnel Management shall determine the number and classification of executive level positions in existence in the executive branch on that date of enactment, and shall publish the determination in the Federal Register. Effective beginning on the date of the publication, the number of executive level positions within the executive branch may not exceed the number published under this subsection. "(2) For the purpose of this subsection, 'executive level position' means - "(A) any office or position in the civil service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions under section 5316 of this title, or "(B) any such office or position the rate of pay for which may be fixed by administrative action at a rate equal to or greater than the rate of basic pay payable for positions under section 5316 of this title; but does not include any Senior Executive Service position (as defined in section 3132(a) of this title) or any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service." 1988 - Subsec. (a). Pub. L. 100-325, Sec. 2(h)(1), inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. Subsec. (b)(2). Pub. L. 100-325, Sec. 2(h)(2), substituted "(as defined in section 3132(a) of this title) or any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service" for ", as defined in section 3132(a) of this title" in concluding provision. 1979 - Subsec. (b)(1). Pub. L. 96-54 inserted "of the Office of Personnel Management" after "Director". 1978 - Pub. L. 95-454, Sec. 408(b)(1), inserted reference to Senior Executive Service positions. Pub. L. 95-454, Sec. 414(b)(1), designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) of Pub. L. 96-54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as an Effective Date note under section 3131 of this title. PLAN FOR AUTHORIZING EXECUTIVE LEVEL POSITIONS IN EXECUTIVE BRANCH; PRESIDENTIAL SUBMISSION TO CONGRESS Section 414(b)(2) of Pub. L. 95-454 required President to transmit by Jan. 1, 1980, a plan to Congress for authorizing executive level positions in executive branch. -End- -CITE- 5 USC Sec. 5312 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5312. Positions at level I -STATUTE- Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Secretary of State. Secretary of the Treasury. Secretary of Defense. Attorney General. Secretary of the Interior. Secretary of Agriculture. Secretary of Commerce. Secretary of Labor. Secretary of Health and Human Services. Secretary of Housing and Urban Development. Secretary of Transportation. United States Trade Representative. Secretary of Energy. Secretary of Education. Secretary of Veterans Affairs. Secretary of Homeland Security. Director of the Office of Management and Budget. Commissioner of Social Security, Social Security Administration. Director of National Drug Control Policy. Chairman, Board of Governors of the Federal Reserve System. Director of National Intelligence. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec. 10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, Sec. 6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-618, title I, Sec. 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94-82, title II, Sec. 202(b)(1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95- 91, title VII, Sec. 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96- 54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-88, title V, Sec. 508(c), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 97- 456, Sec. 3(d)(1), (5), Jan. 12, 1983, 96 Stat. 2505; Pub. L. 99- 198, title XI, Sec. 1113(d), Dec. 23, 1985, 99 Stat. 1480; Pub. L. 99-260, Sec. 4(c), Mar. 20, 1986, 100 Stat. 49; Pub. L. 100-527, Sec. 13(c), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-679, Sec. 11(a), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100-690, title I, Sec. 1003(a)(4)(A), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 103-296, title I, Sec. 108(e)(1), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 105- 277, div. C, title VII, Sec. 713(a)(1), Oct. 21, 1998, 112 Stat. 2681-693; Pub. L. 106-569, title X, Sec. 1002(a)(1), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107-296, title XVII, Sec. 1702(a)(1), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108-458, title I, Sec. 1015(a), Dec. 17, 2004, 118 Stat. 3664.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 2211(a). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(a), 78 Stat. 416. -------------------------------------------------------------------- Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. -COD- CODIFICATION Paragraph designation for the position added by Pub. L. 96-88 has been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96-54. -MISC2- AMENDMENTS 2004 - Pub. L. 108-458 inserted item relating to Director of National Intelligence. 2002 - Pub. L. 107-296 inserted item relating to Secretary of Homeland Security. 2000 - Pub. L. 106-569 inserted item relating to Chairman, Board of Governors of the Federal Reserve System. 1998 - Pub. L. 105-277 inserted item relating to Director of National Drug Control Policy. 1994 - Pub. L. 103-296 inserted item relating to Commissioner of Social Security, Social Security Administration. 1988 - Pub. L. 100-690, Secs. 1003(a)(4)(A), 1009, temporarily inserted item relating to Director of National Drug Control Policy. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100-679 inserted item relating to Director of Office of Management and Budget. Pub. L. 100-527 inserted item relating to Secretary of Veterans Affairs. 1986 - Pub. L. 99-260 struck out item relating to Special Assistant for Agricultural Trade and Food Aid. 1985 - Pub. L. 99-198 inserted item relating to Special Assistant for Agricultural Trade and Food Aid. 1983 - Pub. L. 97-456, Sec. 3(d)(5), substituted "United States Trade Representative" for "Special Representative for Trade Negotiations". 1979 - Pub. L. 96-88, Sec. 508(g), substituted "Health and Human Services" for "Health, Education, and Welfare" in item relating to the Secretary of Health and Human Services. Pars. (1) to (14). Pub. L. 96-54 struck out paragraph designations for positions listed herein. Par. (15). Pub. L. 96-88, Sec. 508(c), added par. (15) relating to Secretary of Education. See Codification note set out above. 1977 - Par. (14). Pub. L. 95-91 added par. (14) relating to Secretary of Energy. 1975 - Pub. L. 94-82 substituted provisions applying level I of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title for provisions applying such level I to positions for which annual rate of basic pay is $35,000. Par. (13). Pub. L. 93-618 added par. (13) relating to Special Representative for Trade Negotiations. 1970 - Par. (5). Pub. L. 91-375 struck out par. (5) relating to Postmaster General. 1966 - Pub. L. 89-670 added par. (11) relating to Secretary of Housing and Urban Development, and par. (12) relating to Secretary of Transportation. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of Title 50, War and National Defense. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of Title 50, War and National Defense. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-569, title X, Sec. 1002(b), Dec. 27, 2000, 114 Stat. 3028, provided that: "This section [amending this section and sections 5313 and 5314 of this title] and the amendments made by this section shall take effect on the first day of the first pay period for the Chairman and Members of the Board of Governors of the Federal Reserve System beginning on or after the date of the enactment of this Act [Dec. 27, 2000]." EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100-690. Section 11(e) of Pub. L. 100-679 provided that: "The amendments made by this section [amending sections 5312 to 5315 of this title] shall be effective on January 20, 1989." Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. Section 2(a)(25)(B) of Pub. L. 96-54 provided that: The amendments made by subparagraph (A) [amending sections 5312 to 5316 of this title] shall take effect January 1, 1980". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective 90 days after Secretary of Transportation first takes office, or on any earlier date after Oct. 15, 1966, as President prescribes and publishes in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89- 670. SHORT TITLE OF 1975 AMENDMENT Section 201 of title II of Pub. L. 94-82 provided that: "This title [enacting section 5318 of this title and section 461 of Title 28, Judiciary and Judicial Procedure, amending sections 5305, 5312, 5313, 5314, 5315 and 5316 of this title, sections 31, 60a note, 136a, 136a-1 and 356 of Title 2, The Congress, section 104 of Title 3, The President, section 68 of Title 11, Bankruptcy, sections 5, 44, 135, 173, 213, 252 and 792 of Title 28, sections 42a and 51a of former Title 31, Money and Finance, sections 162a and 166b of former Title 40, Public Buildings, Property, and Works, and section 303 of Title 44, Public Printing and Documents, and enacting provisions set out as a note under section 356 of Title 2] may be cited as the 'Executive Salary Cost-of-Living Adjustment Act'." COMPENSATION AND EMOLUMENTS OF SECRETARY OF STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 2007 Pub. L. 110-455, Dec. 19, 2008, 122 Stat. 5036, provided that: "(a) In General. - The compensation and other emoluments attached to the office of Secretary of State shall be those in effect January 1, 2007, notwithstanding any increase in such compensation or emoluments after that date under any provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of January 3, 2007, and ending at noon of January 3, 2013. "(b) Civil Action and Appeal. - "(1) Jurisdiction. - Any person aggrieved by an action of the Secretary of State may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy. "(2) Three judge panel. - Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with section 2284 of title 28, United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection. "(3) Appeal. - "(A) Direct appeal to Supreme Court. - An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of State under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered. "(B) Jurisdiction. - The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal. "(c) Effective Date. - This joint resolution shall take effect at 12:00 p.m. on January 20, 2009." COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE TREASURY AT LEVEL IN EFFECT ON JANUARY 1, 1989 For provisions limiting compensation and emoluments of Secretary of the Treasury at levels in effect on Jan. 1, 1989, see section 1(a) of Pub. L. 103-2, set out as a note under section 301 of Title 31, Money and Finance. COMPENSATION AND EMOLUMENTS OF SECRETARY OF STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 1977 Pub. L. 96-241, Sec. 1, May 3, 1980, 94 Stat. 343, limited the compensation and other emoluments attached to the office of Secretary of State to those in effect Jan. 1, 1977, during the period beginning May 3, 1980, and ending on the date on which the first individual appointed to that office after May 3, 1980, ceases to hold that office. COMPENSATION AND EMOLUMENTS OF ATTORNEY GENERAL; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 1969 Provisions of Pub. L. 93-178, Sec. 1, Dec. 10, 1973, 87 Stat. 697, which fixed the compensation and other emoluments attached to the Office of Attorney General at level in effect on Jan. 1, 1969, notwithstanding any other provision of law enacted or becoming effective during period from noon, Jan. 3, 1969, through noon, Jan. 2, 1975, were repealed by Pub. L. 94-2, Feb. 18, 1975, 89 Stat. 4, effective as of Feb. 4, 1975. SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title. -End- -CITE- 5 USC Sec. 5313 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5313. Positions at level II -STATUTE- Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Secretary of Defense. Deputy Secretary of State. Deputy Secretary of State for Management and Resources. Administrator, Agency for International Development. Administrator of the National Aeronautics and Space Administration. Deputy Secretary of Veterans Affairs. Deputy Secretary of Homeland Security. Under Secretary of Homeland Security for Management. Deputy Secretary of the Treasury. Deputy Secretary of Transportation. Chairman, Nuclear Regulatory Commission. Chairman, Council of Economic Advisers. Director of the Office of Science and Technology. Director of Central Intelligence. Secretary of the Air Force. Secretary of the Army. Secretary of the Navy. Administrator, Federal Aviation Administration. Director of the National Science Foundation. Deputy Attorney General. Deputy Secretary of Energy. Deputy Secretary of Agriculture. Director of the Office of Personnel Management. Administrator, Federal Highway Administration. Administrator of the Environmental Protection Agency. Under Secretary of Defense for Acquisition, Technology, and Logistics. Deputy Secretary of Labor. Deputy Director of the Office of Management and Budget. Independent Members, Thrift Depositor Protection Oversight Board. Deputy Secretary of Health and Human Services. Deputy Secretary of the Interior. Deputy Secretary of Education. Deputy Secretary of Housing and Urban Development. Deputy Director for Management, Office of Management and Budget. Director of the Federal Housing Finance Agency. Deputy Commissioner of Social Security, Social Security Administration. Administrator of the Community Development Financial Institutions Fund. Deputy Director of National Drug Control Policy. Members, Board of Governors of the Federal Reserve System. The Under Secretary of Transportation for Security. Under Secretary of Transportation for Policy. Chief Executive Officer, Millennium Challenge Corporation. Principal Deputy Director of National Intelligence. Director of the National Counterterrorism Center. Director of the National Counter Proliferation Center. Administrator of the Federal Emergency Management Agency. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec. 10(d)(2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(13), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-407, Sec. 15(a)(1), July 18, 1968, 82 Stat. 366; Pub. L. 91-644, title I, Sec. 8(b), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 92-255, title II, Sec. 212(a), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-302, Sec. 2(a), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, title I, Sec. 104(1), July 13, 1972, 86 Stat. 490; Pub. L. 92-596, Sec. 6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93-438, title III, Sec. 310(1), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-496, Sec. 16(c), Oct. 28, 1974, 88 Stat. 1533; Pub. L. 94-82, title II, Sec. 202(b)(2), Aug. 9, 1975, 89 Stat. 419; Pub. L. 94-237, Sec. 4(c)(6), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-561, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95- 91, title VII, Sec. 710(d), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95- 140, Sec. 3(d)(1), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-454, title II, Sec. 201(b)(1), Oct. 13, 1978, 92 Stat. 1121; Pub. L. 96- 54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-465, title II, Sec. 2302, Oct. 17, 1980, 94 Stat. 2164; Pub. L. 97-449, Secs. 3(1), 7(b), Jan. 12, 1983, 96 Stat. 2441, 2444; Pub. L. 98- 80, Sec. 2(a)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. 98-216, Sec. 3(a)(1), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99-348, title V, Sec. 501(d)(1), July 1, 1986, 100 Stat. 708; Pub. L. 99-619, Sec. 2(a)(2), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 100-204, title I, Sec. 178(a)(1), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 100-527, Sec. 13(d), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-679, Sec. 11(b), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 101-73, title V, Sec. 501(c), Aug. 9, 1989, 103 Stat. 394; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(b)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 101-576, title II, Sec. 207(a), Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102-233, title III, Sec. 315(b), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 102-550, title XIII, Sec. 1351(a), Oct. 28, 1992, 106 Stat. 3969; Pub. L. 103-160, div. A, title IX, Sec. 904(e)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103-296, title I, Sec. 108(e)(2), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 103-325, title I, Sec. 104(i), Sept. 23, 1994, 108 Stat. 2169; Pub. L. 105- 277, div. C, title VII, Sec. 713(a)(2), div. G, subdiv. A, title XII, Sec. 1224(1), title XIII, Sec. 1332(1), Oct. 21, 1998, 112 Stat. 2681-693, 2681-772, 2681-785; Pub. L. 106-65, div. A, title IX, Sec. 911(e), Oct. 5, 1999, 113 Stat. 719; Pub. L. 106-553, Sec. 1(a)(2) [title IV, Sec. 404(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A-96; Pub. L. 106-569, title X, Sec. 1002(a)(2), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107-71, title I, Sec. 101(c)(1), Nov. 19, 2001, 115 Stat. 602; Pub. L. 107-295, title II, Sec. 215(b), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 107-296, title XVII, Sec. 1702(a)(2), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108-199, div. D, title VI, Sec. 604(b)(4)(B), Jan. 23, 2004, 118 Stat. 212; Pub. L. 108-458, title I, Sec. 1015(b), Dec. 17, 2004, 118 Stat. 3664; Pub. L. 109-295, title VI, Sec. 612(a)(1), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 110-53, title XXIV, Sec. 2405(e), Aug. 3, 2007, 121 Stat. 550; Pub. L. 110-289, div. A, title I, Sec. 1161(g)(1), July 30, 2008, 122 Stat. 2780.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 2211(b) Aug. 14, 1964, Pub. L. (less (15)). 88-426, Sec. 303(b) (less (15)), 78 Stat. 416. -------------------------------------------------------------------- The proviso in paragraph (15) of former section 2211(b) is carried into section 5314. The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the position is held by the incumbent of the position on August 14, 1964. The omission of this provision from title 5, without repealing the corresponding provision of the source statute, in effect leaves existing statute unchanged insofar as it relates to the present incumbent of the position of Director of the Federal Bureau of Investigation. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT The deletion of paragraph (6) of 5 U.S.C. 5313 reflects the abolition of the position of "Administrator of the Housing and Home Finance Agency" by the act of September 9, 1965, Public Law 89-174, sections 5(a), 9(c), 79 Stat. 669, 671. AMENDMENTS 2008 - Pub. L. 110-289 substituted "Director of the Federal Housing Finance Agency" for "Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development". 2007 - Pub. L. 110-53 inserted item relating to Under Secretary of Homeland Security for Management. 2006 - Pub. L. 109-295 inserted item relating to Administrator of the Federal Emergency Management Agency. 2004 - Pub. L. 108-458 inserted items relating to Principal Deputy Director of National Intelligence, Director of the National Counterterrorism Center, and Director of the National Counter Proliferation Center. Pub. L. 108-199 inserted item relating to Chief Executive Officer, Millennium Challenge Corporation. 2002 - Pub. L. 107-296 inserted item relating to Deputy Secretary of Homeland Security. Pub. L. 107-295 inserted item relating to Under Secretary of Transportation for Policy. 2001 - Pub. L. 107-71 inserted item relating to Under Secretary of Transportation for Security. 2000 - Pub. L. 106-569 struck out item relating to Chairman, Board of Governors of the Federal Reserve System and inserted item relating to Members, Board of Governors of the Federal Reserve System. Pub. L. 106-553 inserted item relating to Deputy Secretary of State for Management and Resources. 1999 - Pub. L. 106-65 substituted "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology". 1998 - Pub. L. 105-277, Sec. 1332(1), struck out item relating to Director of the United States Information Agency. Pub. L. 105-277, Sec. 1224(1), struck out item relating to Director of the United States Arms Control and Disarmament Agency. Pub. L. 105-277, Sec. 713(a)(2), inserted item relating to Deputy Director of National Drug Control Policy. 1994 - Pub. L. 103-325 inserted item relating to Administrator of the Community Development Financial Institutions Fund. Pub. L. 103-296 inserted item relating to Deputy Commissioner of Social Security, Social Security Administration. 1993 - Pub. L. 103-160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition". 1992 - Pub. L. 102-550 inserted item relating to Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development. 1991 - Pub. L. 102-233 substituted "Independent Members, Thrift Depositor Protection Oversight Board" for "Independent Members, Oversight Board, Resolution Trust Corporation". 1990 - Pub. L. 101-576 inserted item relating to Deputy Director for Management, Office of Management and Budget. Pub. L. 101-509 inserted items relating to Deputy Secretary of Health and Human Services, Deputy Secretary of the Interior, Deputy Secretary of Education, and Deputy Secretary of Housing and Urban Development. 1989 - Pub. L. 101-73 inserted item relating to Independent Members, Oversight Board, Resolution Trust Corporation. 1988 - Pub. L. 100-679 inserted item relating to Deputy Director of Office of Management and Budget and struck out item relating to Director of Office of Management and Budget. Pub. L. 100-527 substituted "Deputy Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs". 1987 - Pub. L. 100-204 struck out item relating to Ambassadors at Large. 1986 - Pub. L. 99-619 inserted item relating to Deputy Secretary of Labor. Pub. L. 99-348 inserted item relating to Under Secretary of Defense for Acquisition. 1984 - Pub. L. 98-216 substituted "Director of the Office of Management and Budget" for "Director of the Bureau of the Budget". 1983 - Pub. L. 98-80 inserted item relating to Administrator of Environmental Protection Agency. Pub. L. 97-449, Sec. 3(1), inserted item relating to Administrator, Federal Highway Administration. 1980 - Pub. L. 96-465 inserted item relating to Ambassadors at Large. 1979 - Pars. (1)-(24). Pub. L. 96-54 struck out paragraph designations for positions listed herein. 1978 - Par. (24). Pub. L. 95-454 added par. (24) relating to Director of Office of Personnel Management. 1977 - Par. (1). Pub. L. 95-140 substituted "Deputy Secretary of Defense" for "Deputy Secretaries of Defense (2)". Par. (22). Pub. L. 95-91 substituted "Deputy Secretary of Energy" for "Administrator of Energy Research and Development Administration". 1976 - Par. (21). Pub. L. 94-237 struck out par. (21) relating to Director of Special Action Office for Drug Abuse Prevention. Par. (23). Pub. L. 94-561 added par. (23) relating to Deputy Secretary of Agriculture. 1975 - Pub. L. 94-82 substituted provisions applying level II of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title, for provisions applying such level II to positions for which annual rate of basic pay is $30,000. 1974 - Par. (7). Pub. L. 93-496 substituted "Deputy Secretary of Transportation" for "Under Secretary for Transportation". Par. (8). Pub. L. 93-438 substituted "Chairman, Nuclear Regulatory Commission" for "Chairman, Atomic Energy Commission". Par. (22). Pub. L. 93-438 added par. (22) relating to Deputy Secretary of Energy. 1972 - Par. (1). Pub. L. 92-596 substituted "Deputy Secretaries of Defense (2)" for "Deputy Secretary of Defense". Par. (2). Pub. L. 92-352 substituted "Deputy Secretary of State" for "Under Secretary of State". Par. (6). Pub. L. 92-302 added par. (6) relating to Deputy Secretary of the Treasury. A prior par. (6), "Administrator of the Housing and Home Finance Agency," was repealed by Pub. L. 90-83, Sec. 1(13), Sept. 11, 1967, 81 Stat. 198. Par. (21). Pub. L. 92-255 added par. (21) relating to Director of Special Action Office for Drug Abuse Prevention. 1971 - Par. (20). Pub. L. 91-644 added par. (20) relating to position of Deputy Attorney General being formerly level III under former section 5314(1) of this title. 1968 - Par. (19). Pub. L. 90-407 added par. (19) relating to Director of National Science Foundation. 1966 - Pub. L. 89-670 substituted "Under Secretary of Transportation" for "Administrator of the Federal Aviation Agency" in item (7), and inserted item (19) relating to Administrator, Federal Aviation Administration. -CHANGE- CHANGE OF NAME Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note under section 313 of Title 6, Domestic Security. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a) and (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense. -MISC2- EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of Title 50, War and National Defense. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of Title 50, War and National Defense. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-569 effective on the first day of the first pay period for the Chairman and Members of the Board of Governors of the Federal Reserve System beginning on or after Dec. 27, 2000, see section 1002(b) of Pub. L. 106-569, set out as a note under section 5312 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1224(1) of Pub. L. 105-277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105-277, set out as an Effective Date note under section 6511 of Title 22, Foreign Relations and Intercourse. Amendment by section 1332(1) of Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date note under section 6531 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section 318 of Pub. L. 102-233, set out as a note under section 1441 of Title 12, Banks and Banking. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Health and Human Services, Under Secretary of the Interior, Under Secretary of Education, and Under Secretary of Housing and Urban Development, see section 529 [title I, Sec. 112(e)] of Pub. L. 101-509, set out as a note under section 3404 of Title 20, Education. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section 11(e) of Pub. L. 100-679, set out as a note under section 5312 of this title. Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1987 AMENDMENT Section 178(b) of Pub. L. 100-204 provided that: "The amendments made by subsection (a) [amending sections 5313 and 5315 of this title] shall take effect 30 days after the date of enactment of this Act [Dec. 22, 1987] and shall not affect the salary of any individual holding the rank of Ambassador at Large immediately before the date of enactment of this Act during the period such individual continues to serve in such position." EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-619 applicable to incumbent Under Secretary of Labor on Nov. 6, 1986, serving after such date, see section 2(f)(1) of Pub. L. 99-619, set out as a Present Incumbent note under section 552 of Title 29, Labor. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section 2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 5 of Pub. L. 94-561 provided that: "(a) Except as otherwise provided in this section, this Act [enacting section 2212b of Title 7, Agriculture, amending sections 5313 to 5316 of this title, sections 2210 and 2211 of Title 7, and section 714g of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 2210 of Title 7] shall take effect on its date of enactment [Oct. 19, 1976]. "(b) Subsection (b)(1) of section 3 of this Act [amending section 5316 of this title] shall take effect upon appointment of a Presidential appointee to fill the successor position created by section 2 of this Act [section 2212b of Title 7]." EFFECTIVE DATE OF 1974 AMENDMENT Amendment of Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections 5811 to 5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93-438, set out as an Effective Date; Interim Appointments note under section 5801 of Title 42. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. EFFECTIVE DATE OF 1968 AMENDMENT Section 15(a)(4) of Pub. L. 90-407 provided that: "The amendments made by this subsection [amending sections 5313, 5314, and 5316 of this title] (and the amendments made by sections 3 and 4 of this Act [amending section 1864 and enacting section 1864a of Title 42, The Public Health and Welfare] insofar as they relate to rates of basic pay) shall take effect on the first day of the first calendar month which begins on or after the date of the enactment of this Act [July 18, 1968]." EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective April 1, 1967, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Office of Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of the National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title. -MISC3- BONUS ELIGIBILITY OF UNDER SECRETARY OF TRANSPORTATION FOR SECURITY Pub. L. 107-71, title I, Sec. 101(c)(2), Nov. 19, 2001, 115 Stat. 602, provided that: "In addition to the annual rate of pay authorized by section 5313 of title 5, United States Code, the Under Secretary may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of pay, based on the Secretary's evaluation of the Under Secretary's performance." PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92-302, not eligible to an increase on basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [this section], effective as of day following date on which person holding such office on June 19, 1968, ceases to serve as Director, see section 1101(a) of Pub. L. 90-351, June 19, 1968, 82 Stat. 236, set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure. SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title. -End- -CITE- 5 USC Sec. 5314 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5314. Positions at level III -STATUTE- Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Solicitor General of the United States. Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Export Administration, and Under Secretary of Commerce for Travel and Tourism. Under Secretaries of State (6). Under Secretaries of the Treasury (3). Administrator of General Services. Administrator of the Small Business Administration. Deputy Administrator, Agency for International Development. Chairman of the Merit Systems Protection Board. Chairman, Federal Communications Commission. Chairman, Board of Directors, Federal Deposit Insurance Corporation. Chairman, Federal Energy Regulatory Commission. Chairman, Federal Trade Commission. Chairman, Surface Transportation Board. Chairman, National Labor Relations Board. Chairman, Securities and Exchange Commission. Chairman, National Mediation Board. Chairman, Railroad Retirement Board. Chairman, Federal Maritime Commission. Comptroller of the Currency. Commissioner of Internal Revenue. Under Secretary of Defense for Policy. Under Secretary of Defense (Comptroller). Under Secretary of Defense for Personnel and Readiness. Under Secretary of Defense for Intelligence. Deputy Chief Management Officer of the Department of Defense. Under Secretary of the Air Force. Under Secretary of the Army. Under Secretary of the Navy. Deputy Administrator of the National Aeronautics and Space Administration. Deputy Directors of Central Intelligence (2). Director of the Office of Emergency Planning. Director of the Peace Corps. Deputy Director, National Science Foundation. President of the Export-Import Bank of Washington. Members, Nuclear Regulatory Commission. Members, Defense Nuclear Facilities Safety Board. Director of the Federal Bureau of Investigation, Department of Justice. Administrator of the National Highway Traffic Safety Administration. Administrator of the Federal Motor Carrier Safety Administration. Administrator, Federal Railroad Administration. Chairman, National Transportation Safety Board. Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts. Chairman of the National Endowment for the Humanities. Director of the Federal Mediation and Conciliation Service. Federal Transit Administrator. President, Overseas Private Investment Corporation. Chairman, Postal Regulatory Commission. Chairman, Occupational Safety and Health Review Commission. Governor of the Farm Credit Administration. Chairman, Equal Employment Opportunity Commission. Chairman, Consumer Product Safety Commission. Under Secretaries of Energy (3). Chairman, Commodity Futures Trading Commission. Deputy United States Trade Representatives (3). Chief Agricultural Negotiator. Chairman, United States International Trade Commission. Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration. Associate Attorney General. Chairman, Federal Mine Safety and Health Review Commission. Chairman, National Credit Union Administration Board. Deputy Director of the Office of Personnel Management. Under Secretary of Agriculture for Farm and Foreign Agricultural Services. Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. Under Secretary of Agriculture for Natural Resources and Environment. Under Secretary of Agriculture for Research, Education, and Economics. Under Secretary of Agriculture for Food Safety. Under Secretary of Agriculture for Marketing and Regulatory Programs. Director, Institute for Scientific and Technological Cooperation. Under Secretary of Agriculture for Rural Development. Administrator, Maritime Administration. Executive Director Property Review Board. Deputy Administrator of the Environmental Protection Agency. Archivist of the United States. Executive Director, Federal Retirement Thrift Investment Board. Deputy Under Secretary of Defense for Acquisition and Technology. Director, Trade and Development Agency. Under Secretary for Health, Department of Veterans Affairs. Under Secretary for Benefits, Department of Veterans Affairs. Under Secretary for Memorial Affairs, Department of Veterans Affairs. Under Secretaries, Department of Homeland Security. Director of the Bureau of Citizenship and Immigration Services. Director of the Office of Government Ethics. Administrator for Federal Procurement Policy. Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Director of the Office of Thrift Supervision. Chairperson of the Federal Housing Finance Board. Executive Secretary, National Space Council. Controller, Office of Federal Financial Management, Office of Management and Budget. Administrator, Research and Innovative Technology Administration. Deputy Director for Demand Reduction, Office of National Drug Control Policy. Deputy Director for Supply Reduction, Office of National Drug Control Policy. Deputy Director for State and Local Affairs, Office of National Drug Control Policy. Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Register of Copyrights. Commissioner of Customs, Department of Homeland Security. Under Secretary of Education (!1) Administrator of the Centers for Medicare & Medicaid Services. Administrator of the Office of Electronic Government. Administrator, Pipeline and Hazardous Materials Safety Administration. Director, Pension Benefit Guaranty Corporation. Deputy Administrators, Federal Emergency Management Agency. Chief Executive Officer, International Clean Energy Foundation. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, Sec. 10(d)(3), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(14), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, title II, Sec. 215(a), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-351, title I, Sec. 505, June 19, 1968, 82 Stat. 205, as amended by Pub. L. 91-644, title I, Sec. 7(1), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 90-407, Sec. 15(a)(2), July 18, 1968, 82 Stat. 367; Pub. L. 90-623, Sec. 1(26), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91-175, pt. V, Sec. 503(1), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91-375, Sec. 6(c)(13), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-596, Sec. 12(c)(1), Dec. 29, 1970, 84 Stat. 1604; Pub. L. 91-644, title I, Secs. 7(1), 8(a), Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 92-181, title V, Sec. 5.41(a), formerly Sec. 5.27(a), Dec. 10, 1971, 85 Stat. 625, as renumbered Pub. L. 99-205, title II, Sec. 205(a)(2), Dec. 23, 1985, 99 Stat. 1703; Pub. L. 92-226, pt. IV, Sec. 403, Feb. 7, 1972, 86 Stat. 34; Pub. L. 92-261, Sec. 9(a), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302, Sec. 2(b), May 18, 1972, 86 Stat. 149; Pub. L. 92- 352, title I, Sec. 104(2), July 13, 1972, 86 Stat. 490; Pub. L. 92- 573, Sec. 4(h)(1), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93-438, title III, Sec. 310(2), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-463, title I, Sec. 102(a), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, title I, Secs. 141(b)(3)(B), 172(c)(1), Jan. 3, 1975, 88 Stat. 1999, 2010; Pub. L. 94-82, title II, Sec. 202(b)(3), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-123, Sec. 2(c)(1), Oct. 22, 1975, 89 Stat. 670; Pub. L. 94-183, Sec. 2(17), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 92-255, title II, Sec. 209(a), as added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243; Pub. L. 94-461, Sec. 4(a), Oct. 8, 1976, 90 Stat. 1969; Pub. L. 94-561, Sec. 1(b), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95-91, title VII, Sec. 710(e), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-139, Sec. 3, Oct. 19, 1977, 91 Stat. 1171; Pub. L. 95-140, Sec. 3(d)(2), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-164, title III, Sec. 302(c)(1), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 95-426, title I, Sec. 114(b)(1), Oct. 7, 1978, 92 Stat. 969; Pub. L. 95-454, title II, Secs. 201(b)(2), 202(c)(1), Oct. 13, 1978, 92 Stat. 1121, 1131; Pub. L. 95-501, title V, Sec. 501(b), Oct. 21, 1978, 92 Stat. 1691; Pub. L. 95-630, title V, Sec. 502(d), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96-53, title IV, Sec. 412(a), Aug. 14, 1979, 93 Stat. 377; Pub. L. 96-54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-88, title V, Sec. 508(d), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 90-351, title I, Sec. 808, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204; Pub. L. 96-355, Sec. 3(b), Sept. 24, 1980, 94 Stat. 1173; Pub. L. 97-31, Sec. 12(1)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-63, Sec. 4(a)(4), Oct. 16, 1981, 95 Stat. 1014; Pub. L. 97-195, Sec. 1(b)(1), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title I, Sec. 123, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 97-449, Sec. 3(2), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 97-456, Sec. 3(d)(1), (6), Jan. 12, 1983, 96 Stat. 2505, 2506; Pub. L. 98-80, Sec. 2(b)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. 98-164, title I, Sec. 125(b)(1), Nov. 22, 1983, 97 Stat. 1026; Pub. L. 98-216, Sec. 3(a)(2), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98-443, Sec. 9(e), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 98-473, title II, Sec. 609J(a), Oct. 12, 1984, 98 Stat. 2102; Pub. L. 98-497, title I, Sec. 107(h), Oct. 19, 1984, 98 Stat. 2292; Pub. L. 99-64, title I, Sec. 116(b), July 12, 1985, 99 Stat. 153; Pub. L. 99-93, title I, Sec. 116(b), title VII, Sec. 704(a)(1), Aug. 16, 1985, 99 Stat. 412, 445; Pub. L. 99-335, title II, Sec. 203, June 6, 1986, 100 Stat. 591; Pub. L. 99-348, title V, Sec. 501(d)(2), July 1, 1986, 100 Stat. 708; Pub. L. 99-500, Sec. 101(c) [title X, Secs. 902(b), 903(b)(2)(A)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) [title X, Secs. 902(b), 903(b)(2)(A)], Oct. 30, 1986, 100 Stat. 3341-82, 3341- 132; Pub. L. 99-619, Sec. 2(a)(3), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 99-659, title IV, Sec. 407(e)(1), Nov. 14, 1986, 100 Stat. 3740; Pub. L. 99-661, div. A, title IX, formerly title IV, Secs. 902(b), 903(b)(2)(A), Nov. 14, 1986, 100 Stat. 3911, 3912, as renumbered Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-418, title II, Sec. 2204(d)(1), Aug. 23, 1988, 102 Stat. 1331; Pub. L. 100-456, div. A, title XIV, Sec. 1441(b), Sept. 29, 1988, 102 Stat. 2084; Pub. L. 100-519, title II, Sec. 201(d)(4), Oct. 24, 1988, 102 Stat. 2594; Pub. L. 100-527, Sec. 13(e), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-598, Sec. 8, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 100-679, Sec. 11(c), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100-690, title I, Secs. 1003(a)(4)(B), 1007(c)(3), Nov. 18, 1988, 102 Stat. 4182, 4188; Pub. L. 101-73, title VII, Sec. 742(a)(1), Aug. 9, 1989, 103 Stat. 436; Pub. L. 101-328, Sec. 3(b), July 8, 1990, 104 Stat. 308; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 112(d)], Nov. 5, 1990, 104 Stat. 1427, 1455; Pub. L. 101-576, title II, Sec. 207(b), Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102-103, title II, Sec. 202, Aug. 17, 1991, 105 Stat. 498; Pub. L. 102-233, title III, Sec. 315(c), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 102-240, title III, Sec. 3004(d)(1), Dec. 18, 1991, 105 Stat. 2088; Pub. L. 102-378, Sec. 2(28), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 102-405, title III, Sec. 302(d), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 102-508, title IV, Sec. 401(c), Oct. 24, 1992, 106 Stat. 3310; Pub. L. 102-549, title II, Sec. 202(d), Oct. 28, 1992, 106 Stat. 3658; Pub. L. 102- 552, title II, Sec. 201(b)(1), Oct. 28, 1992, 106 Stat. 4105; Pub. L. 103-160, div. A, title IX, Secs. 901(b), 903(b), 904(e)(2), Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. L. 103-204, Sec. 5(b)(1), Dec. 17, 1993, 107 Stat. 2382; Pub. L. 103-211, title II, Sec. 2003(b), Feb. 12, 1994, 108 Stat. 24; Pub. L. 103-236, title I, Sec. 162(d)(1), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103-337, div. A, title IX, Sec. 903(c), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 103-354, title II, Secs. 225(e)(2), 231(f)(2), 241(e), 245(e), 251(g), formerly 251(e), 261(c), 285(e), Oct. 13, 1994, 108 Stat. 3214, 3219, 3222, 3223, 3226, 3227, as amended Pub. L. 105-277, div. A, Sec. 101(a) [title X, Sec. 1001(3)], Oct. 21, 1998, 112 Stat. 2681, 2681-41, and renumbered Pub. L. 110-234, title VII, Sec. 7511(a)(3), May 22, 2008, 122 Stat. 1259, and Pub. L. 110-246, Sec. 4(a), title VII, Sec. 7511(a)(3), June 18, 2008, 122 Stat. 1664, 2021; Pub. L. 104-88, title III, Sec. 301(a), Dec. 29, 1995, 109 Stat. 943; Pub. L. 104-105, title II, Sec. 219(b)(1), Feb. 10, 1996, 110 Stat. 184; Pub. L. 104-127, title VII, Sec. 794(b), Apr. 4, 1996, 110 Stat. 1155; Pub. L. 104-293, title VIII, Sec. 812(a), Oct. 11, 1996, 110 Stat. 3482; Pub. L. 105-277, div. C, title VII, Sec. 713(a)(3), div. G, subdiv. A, title XII, Sec. 1224(2), subdiv. B, title XXIII, Sec. 2305(a)(2), Oct. 21, 1998, 112 Stat. 2681-693, 2681-772, 2681-825; Pub. L. 105-304, title IV, Sec. 401(a)(3), Oct. 28, 1998, 112 Stat. 2887; Pub. L. 105-368, title IV, Sec. 403(b)(1), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106-65, div. A, title IX, Sec. 911(b)(2), div. C, title XXXII, Sec. 3293(a), Oct. 5, 1999, 113 Stat. 718, 969; Pub. L. 106-113, div. B, Secs. 1000(a)(5) [title II, Sec. 238(a)(2)], 1000(a)(9) [title IV, Sec. 4720(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-302, 1501A-581; Pub. L. 106-159, title I, Sec. 101(d)(1), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 106-476, title II, Sec. 2002, Nov. 9, 2000, 114 Stat. 2175; Pub. L. 106-569, title X, Sec. 1002(a)(3), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107-110, title X, Sec. 1071(a), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 107-296, title IV, Sec. 411(b)(2), title XVII, Sec. 1702(a)(3), Nov. 25, 2002, 116 Stat. 2179, 2313; Pub. L. 107- 314, div. A, title IX, Sec. 901(c), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 108-173, title IX, Sec. 900(d)(1), Dec. 8, 2003, 117 Stat. 2370; Pub. L. 108-411, title III, Sec. 302(b), Oct. 30, 2004, 118 Stat. 2319; Pub. L. 108-426, Secs. 2(d), 4(f), Nov. 30, 2004, 118 Stat. 2424, 2426; Pub. L. 108-447, div. C, title VI, Sec. 603(c)(1), Dec. 8, 2004, 118 Stat. 2967; Pub. L. 109-58, title X, Sec. 1006(c)(2), Aug. 8, 2005, 119 Stat. 932; Pub. L. 109-163, div. A, title IX, Sec. 901(a), Jan. 6, 2006, 119 Stat. 3397; Pub. L. 109- 280, title IV, Sec. 411(b), Aug. 17, 2006, 120 Stat. 935; Pub. L. 109-295, title VI, Sec. 612(a)(2), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109-364, div. A, title IX, Sec. 942(b), Oct. 17, 2006, 120 Stat. 2365; Pub. L. 109-435, title VI, Sec. 604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 110-69, title III, Sec. 3002(c)(1), Aug. 9, 2007, 121 Stat. 586; Pub. L. 110-140, title IX, Sec. 922(b)(4)(B), Dec. 19, 2007, 121 Stat. 1733; Pub. L. 110-181, div. A, title IX, Sec. 904(a)(3), Jan. 28, 2008, 122 Stat. 274.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- (1)-(44) 5 U.S.C. 2211(c) Aug. 14, 1964, Pub. L. (less (39) and (46)). 88-426, Sec. 303(c) (less (39) and (46)), 78 Stat. 416. (45) 5 U.S.C. 2211(b)(15) Aug. 14, 1964, Pub. L. (proviso). 88-426, Sec. 303(b)(15) (proviso), 78 Stat. 416. -------------------------------------------------------------------- The provisos in paragraphs (39) and (46) of former section 2211(c) are carried into section 5315. The remainders of paragraphs (39) and (46) are omitted but not repealed, see table III. The parts of paragraphs (39) and (46) that are omitted but not repealed provide that the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation shall be in Level III so long as the positions are held by the incumbents of the positions on August 14, 1964. The omission of these provisions from title 5, without repealing the corresponding provisions of the source statute, in effect, leaves existing statute unchanged insofar as it relates to the present incumbents of the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT -------------------------------------------------------------------- Section of Source (U.S. Code) Source (Statutes at Large) title 5 -------------------------------------------------------------------- 5314(49) 20: 954(d) (2d Sept. 29, 1965, Pub. L. sentence). 89-209, Sec. 5(d)(1) (2d sentence), 79 Stat. 847. 5314(50) 20:956(b)(1) (2d Sept. 29, 1965, Pub. L. sentence). 89-209, Sec. 7(b)(1) (2d sentence), 79 Stat. 850. 5314(51) 5 App.: 2211(c)(47). July 18, 1966, Pub. L. 89-504, Sec. 408(a), 80 Stat. 299. 5314(52) 42:3533(a) (as Sept. 9, 1965, Pub. L. applicable to 89-174, Sec. 4(a) (as compensation of applicable to compensation Under Secretary). of Under Secretary), 79 Stat. 668. -------------------------------------------------------------------- The deletion of paragraph (41) of 5 U.S.C. 5314 reflects the abolition of the position of "Deputy Administrator of the Housing and Home Finance Agency" by the act of September 9, 1965, Public Law 89-174, sections 5(a), 9(c), 79 Stat. 669, 671. In paragraph (49), the words "In lieu of receiving compensation at the rate prescribed by section 785(c) of this title" are omitted since the provisions of 20 U.S.C. 785(c) relating to compensation are repealed by this bill; also see table II. The wording further reflects the first sentence of 20 U.S.C. 954(d), and conforms to 5 U.S.C. 5314 which applies to positions rather than individuals. -COD- CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 identically renumbered section 251(e) of Pub. L. 103-354, cited as a credit to this section, as section 251(g) of that Act. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234. Pub. L. 99-591 is a corrected version of Pub. L. 99-500. Paragraph designation for the position added by Pub. L. 96-88 has been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96-54. -MISC2- AMENDMENTS 2008 - Pub. L. 110-181 inserted item relating to Deputy Chief Management Officer of the Department of Defense. 2007 - Pub. L. 110-140 inserted item relating to Chief Executive Officer, International Clean Energy Foundation. Pub. L. 110-69 struck out item relating to Under Secretary of Commerce for Technology. 2006 - Pub. L. 109-435 substituted "Chairman, Postal Regulatory Commission" for "Chairman, Postal Rate Commission". Pub. L. 109-364 struck out item relating to Deputy Under Secretary of Defense for Logistics and Materiel Readiness. Pub. L. 109-295 inserted item relating to Deputy Administrators, Federal Emergency Management Agency. Pub. L. 109-280 inserted item relating to Director, Pension Benefit Guaranty Corporation. Pub. L. 109-163, which directed insertion of items relating to Under Secretary of the Air Force, Under Secretary of the Army, and Under Secretary of the Navy after "Under Secretary of Defense for Intelligence", was executed by inserting such items after "Under Secretary of Defense for Intelligence.", to reflect the probable intent of Congress. 2005 - Pub. L. 109-58 substituted "Under Secretaries of Energy (3)" for "Under Secretaries of Energy (2)". 2004 - Pub. L. 108-447 struck out item relating to Chairman, Board of Directors of the Tennessee Valley Authority. Pub. L. 108-426, Sec. 4(f), substituted "Administrator, Research and Innovative Technology Administration" for "Administrator, Research and Special Programs Administration". Pub. L. 108-426, Sec. 2(d), inserted item relating to Administrator, Pipeline and Hazardous Materials Safety Administration. Pub. L. 108-411 inserted item relating to Administrator of the Office of Electronic Government. 2003 - Pub. L. 108-173 inserted item relating to Administrator of Centers for Medicare & Medicaid Services. 2002 - Pub. L. 107-314 inserted item relating to Under Secretary of Defense for Intelligence. Pub. L. 107-296, Sec. 1702(a)(3), inserted items relating to Under Secretaries, Department of Homeland Security and Director of the Bureau of Citizenship and Immigration Services. Pub. L. 107-296, Sec. 411(b)(2), substituted "Commissioner of Customs, Department of Homeland Security." for "Commissioner of Customs, Department of the Treasury". Pub. L. 107-110 inserted item relating to Under Secretary of Education. 2000 - Pub. L. 106-569 struck out item relating to Members, Board of Governors of the Federal Reserve System. Pub. L. 106-476 inserted item relating to Chief Agricultural Negotiator. 1999 - Pub. L. 106-159 inserted item relating to Administrator of the Federal Motor Carrier Safety Administration. Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4720(a)], substituted "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office." for "Assistant Secretary of Commerce and Commissioner of Patents and Trademarks." Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec. 238(a)(2)], inserted item relating to Commissioner of Customs, Department of the Treasury. Pub. L. 106-65, Sec. 3293(a), substituted "Under Secretaries of Energy (2)" for "Under Secretary, Department of Energy". Pub. L. 106-65, Sec. 911(b)(2), inserted item relating to Deputy Under Secretary of Defense for Logistics and Materiel Readiness. 1998 - Pub. L. 105-368 inserted item relating to Under Secretary for Memorial Affairs, Department of Veterans Affairs. Pub. L. 105-304 inserted items relating to Assistant Secretary of Commerce and Commissioner of Patents and Trademarks and Register of Copyrights. Pub. L. 105-277, Sec. 2305(a)(2), substituted "Under Secretaries of State (6)" for "Under Secretaries of State (5)". Pub. L. 105-277, Sec. 1224(2), struck out item relating to Deputy Director of the United States Arms Control and Disarmament Agency. Pub. L. 105-277, Sec. 713(a)(3), inserted items relating to Deputy Director for Demand Reduction, Office of National Drug Control Policy, Deputy Director for Supply Reduction, Office of National Drug Control Policy, and Deputy Director for State and Local Affairs, Office of National Drug Control Policy. Pub. L. 105-277, Sec. 101(a) [title X, Sec. 1001(3)], added Pub. L. 103-354, Sec. 285(e). See 1994 Amendment note below. 1996 - Pub. L. 104-293 substituted "Deputy Directors of Central Intelligence (2)" for "Deputy Director of Central Intelligence". Pub. L. 104-127 substituted "Under Secretary of Agriculture for Rural Development" for "Under Secretary of Agriculture for Rural Economic and Community Development". Pub. L. 104-105 struck out item relating to Chairperson, Board of Directors of the Farm Credit System Insurance Corporation. 1995 - Pub. L. 104-88 substituted "Chairman, Surface Transportation Board" for "Chairman, Interstate Commerce Commission". 1994 - Pub. L. 103-354, Sec. 251(g), formerly Sec. 251(e), as renumbered by Pub. L. 110-246, Sec. 7511(a)(3), inserted item relating to Under Secretary of Agriculture for Research, Education, and Economics. Pub. L. 103-354, Sec. 285(e), as added by Pub. L. 105-277, Sec. 101(a) [title X, Sec. 1001(3)], inserted item relating to Under Secretary of Agriculture for Marketing and Regulatory Programs. Pub. L. 103-354, Secs. 225(e)(2), 231(f)(2), 241(e), 245(e), 261(c), substituted "Under Secretary of Agriculture for Farm and Foreign Agricultural Services" for "Under Secretary of Agriculture for International Affairs and Commodity Programs", inserted items relating to Under Secretaries of Agriculture for Food, Nutrition, and Consumer Services; for Natural Resources and Environment; and for Food Safety, and substituted "Under Secretary of Agriculture for Rural Economic and Community Development" for "Under Secretary of Agriculture for Small Community and Rural Development". Pub. L. 103-337 substituted "Under Secretary of Defense (Comptroller)" for "Comptroller of the Department of Defense". Pub. L. 103-236 inserted item relating to Under Secretaries of State (5) and struck out items relating to Under Secretary of State for Political Affairs and Under Secretary of State for Economic and Agricultural Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management and Counselor of the Department of State. Pub. L. 103-211 inserted item relating to Under Secretary of the Treasury (3) and struck out items relating to Under Secretary of the Treasury (or Counselor) and Under Secretary of the Treasury for Monetary Affairs. 1993 - Pub. L. 103-204, which directed striking out of "chief executive officer of the Resolution Trust Corporation.", was executed by striking "chief executive officer, Resolution Trust Corporation." to reflect the probable intent of Congress. Pub. L. 103-160 inserted items relating to Comptroller of the Department of Defense and Under Secretary of Defense for Personnel and Readiness and substituted "Deputy Under Secretary of Defense for Acquisition and Technology" for "Deputy Under Secretary of Defense for Acquisition". 1992 - Pub. L. 102-552 inserted item relating to Chairperson, Board of Directors of the Farm Credit System Insurance Corporation. Pub. L. 102-549 substituted "Director, Trade and Development Agency" for "Director, Trade and Development Program". Pub. L. 102-508 inserted item relating to Administrator, Research and Special Programs Administration. Pub. L. 102-405 substituted "Under Secretary for Health, Department of Veterans Affairs" for "Chief Medical Director, Department of Veterans Affairs" and "Under Secretary for Benefits, Department of Veterans Affairs" for "Chief Benefits Director, Department of Veterans Affairs". Pub. L. 102-378 struck out each of the items relating to Under Secretary of Education, Under Secretary of Health and Human Services, Under Secretary of the Interior, and Under Secretary of Housing and Urban Development. 1991 - Pub. L. 102-240 substituted "Federal Transit Administrator" for "Urban Mass Transportation Administrator". Pub. L. 102-233 inserted item relating to chief executive officer, Resolution Trust Corporation. Pub. L. 102-103 inserted item relating to Under Secretary of Education. 1990 - Pub. L. 101-576 inserted item relating to Controller, Office of Federal Financial Management, Office of Management and Budget. Pub. L. 101-509 directed the amendment of this section by striking the following: "Under Secretary of Health and Human Services. "Under Secretary of the Interior. "Under Secretary of Education. "Under Secretary of Housing and Urban Development." Section did not contain the positions in the order referred to in Pub. L. 101-509. See 1992 Amendment note above for Pub. L. 102-378. Pub. L. 101-328 inserted item relating to Executive Secretary, National Space Council. 1989 - Pub. L. 101-73 inserted items relating to Director of the Office of Thrift Supervision and Chairperson of the Federal Housing Finance Board, and struck out item relating to Chairman of the Federal Home Loan Bank Board. 1988 - Pub. L. 100-690, Sec. 1007(c)(3), struck out item relating to Director of Office of Drug Abuse Policy. Pub. L. 100-690, Secs. 1003(a)(4)(B), 1009, temporarily inserted items relating to Deputy Director for Demand Reduction, Office of National Drug Control Policy, and Deputy Director for Supply Reduction, Office of National Drug Control Policy. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100-679 inserted items relating to Administrator for Federal Procurement Policy and to Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget, and struck out item relating to Deputy Director of Office of Management and Budget. Pub. L. 100-598 inserted item relating to Director of Office of Government Ethics. Pub. L. 100-527 inserted items relating to Chief Medical Director, Department of Veterans Affairs, and Chief Benefits Director, Department of Veterans Affairs, and struck out item relating to Deputy Administrator of Veterans' Affairs. Pub. L. 100-519 inserted item relating to Under Secretary of Commerce for Technology. Pub. L. 100-456 inserted item relating to Members, Defense Nuclear Facilities Safety Board after item relating to Members, Nuclear Regulatory Commission. Pub. L. 100-418 inserted item relating to Director, Trade and Development Program. 1986 - Pub. L. 99-659 substituted "Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration" for "Administrator, National Oceanic and Atmospheric Administration". Pub. L. 99-619 struck out item relating to Under Secretary of Labor. Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, amended section identically, inserting item relating to Deputy Under Secretary of Defense for Acquisition and striking out item relating to Director of Defense Research and Engineering. Pub. L. 99-348 substituted "Under Secretary of Defense for Policy" for "Under Secretaries of Defense (2)" and inserted item relating to Director of Defense Research and Engineering. Pub. L. 99-335 inserted item relating to Executive Director, Federal Retirement Thrift Investment Board. 1985 - Pub. L. 99-93, Sec. 116(b), substituted "Under Secretary of State for Economic and Agricultural Affairs" for "Under Secretary of State for Economic Affairs". Pub. L. 99-93, Sec. 704(a)(1), inserted item relating to Deputy Director of United States Arms Control and Disarmament Agency. Pub. L. 99-64 inserted item relating to Under Secretary of Commerce for Export Administration. 1984 - Pub. L. 98-497 inserted item relating to Archivist of United States. Pub. L. 98-473 struck out item relating to Director of Office of Justice Assistance, Research, and Statistics. Pub. L. 98-443 struck out item relating to Chairman of Civil Aeronautics Board. Pub. L. 98-216 substituted "Deputy Director of the Office of Management and Budget" for "Deputy Director of the Bureau of the Budget". 1983 - Pub. L. 98-164 inserted item relating to Counselor of Department of State. Pub. L. 98-80 inserted item relating to Deputy Administrator of Environmental Protection Agency. Pub. L. 97-456, Sec. 3(d)(6), substituted "Deputy United States Trade Representatives (3)" for "Deputy Special Representatives for Trade Negotiations (2)". Pub. L. 97-449 substituted "Administrator of the National Highway Traffic Safety Administration" for "Administrator, Federal Highway Administration". 1982 - Pub. L. 97-377 inserted item relating to Executive Director of Property Review Board. Pub. L. 97-195 substituted "Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, and Under Secretary of Commerce for Travel and Tourism" for "Under Secretary of Commerce and Under Secretary of Commerce for Travel and Tourism". 1981 - Pub. L. 97-63 substituted "Under Secretary of Commerce and Under Secretary of Commerce for Travel and Tourism" for "Under Secretary of Commerce". Pub. L. 97-31 inserted item relating to Administrator, Maritime Administration. 1980 - Pub. L. 96-355 inserted item relating to Under Secretary of Agriculture for Small Community and Rural Development. 1979 - Pub. L. 96-157 inserted item relating to Director, Office of Justice Assistance, Research, and Statistics, and struck out item relating to Administrator of Law Enforcement Assistance. Pub. L. 96-88, Sec. 508(g), substituted "Health and Human Services" for "Health, Education, and Welfare" in item relating to Under Secretary of Health and Human Services. Par. (5). Pub. L. 96-88, Sec. 508(d), added par. (5) relating to Under Secretary of Education. See Codification note above. Pars. (1) to (70). Pub. L. 96-54 struck out paragraph designations for positions listed herein. Par. (70). Pub. L. 96-53 added par. (70) relating to Director, Institute for Scientific and Technological Cooperation. 1978 - Par. (9). Pub. L. 95-426 inserted "and Under Secretary of State for Management". Par. (17). Pub. L. 95-454, Sec. 202(c)(1), substituted "Merit Systems Protection Board" for "United States Civil Service Commission". Par. (66). Pub. L. 95-630 added par. (66) relating to Chairman, National Credit Union Administration Board. Par. (68). Pub. L. 95-454, Sec. 201(b)(2), added par. (68) relating to Deputy Director of Office of Personnel Management. Par. (69). Pub. L. 95-501 added par. (69) relating to Under Secretary of Agriculture for International Affairs and Commodity Programs. 1977 - Par. (21). Pub. L. 95-91 substituted "Federal Energy Regulatory Commission" for "Federal Power Commission". Par. (32). Pub. L. 95-140 substituted "Under Secretaries of Defense (2)" for "Director of Defense Research and Engineering, Department of Defense". Par. (60). Pub. L. 95-91 substituted "Under Secretary, Department of Energy" for "Deputy Administrator, Energy Research and Development Administration". Par. (66). Pub. L. 95-164 added par. (66) relating to Chairman, Federal Mine Safety and Health Review Commission. Pub. L. 95-139 added par. (66) relating to Associate Attorney General. 1976 - Par. (3). Pub. L. 94-561 repealed par. (3) relating to Under Secretary of Agriculture. Par. (64). Pub. L. 94-237 added par. (64) relating to Director of Office of Drug Abuse Policy. Par. (65). Pub. L. 94-461 added par. (65) relating to Administrator, National Oceanic and Atmospheric Administration. 1975 - Pub. L. 94-82 substituted provisions applying level III of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title, for provisions applying such level III to positions for which annual rate of basic pay is $29,500. Par. (38). Pub. L. 94-123 repealed par. (38) relating to Chief Medical Director in Department of Medicine and Surgery, Veterans' Administration. Par. (54). Pub. L. 94-183 redesignated par. (55), relating to Chairman, Postal Rate Commission, as par. (54). Pars. (56), (57). Pub. L. 94-183 redesignated par. (57) relating to Chairman, Occupational Safety and Health Review Commission, and par. (58) relating to Governor of the Farm Credit Administration, as pars. (56) and (57), respectively. Par. (60). Pub. L. 93-618, Sec. 141(b)(3)(B), added par. (60) relating to Deputy Special Representative for Trade Negotiations. For renumbering by Pub. L. 94-183, see item relating to par. (62) hereunder. Par. (61). Pub. L. 94-183 redesignated par. (60), relating to Chairman, Commodity Futures Trading Commission, as par. (61). Pub. L. 93-618, Sec. 172(c)(1), added par. (61). For renumbering by Pub. L. 94-183, see item relating to par. (63) hereunder. Pars. (62), (63). Pub. L. 94-183 redesignated par. (60) relating to Deputy Special Representatives for Trade Negotiations, and par. (61) relating to Chairman, United States International Trade Commission, as pars. (62) and (63), respectively. 1974 - Par. (42). Pub. L. 93-438 substituted "Members, Nuclear Regulatory Commission" for "Members, Atomic Energy Commission". Par. (60). Pub. L. 93-463 added par. (60) relating to Chairman, Commodity Futures Trading Commission. Pub. L. 93-438 added par. (60) relating to Deputy Administrator, Energy Research and Development Administration. 1973 - Par. (55). Pub. L. 93-83 reenacted par. (55) relating to Administrator of Law Enforcement Assistance. 1972 - Par. (9). Pub. L. 92-352 substituted "and" for "or", after "Political Affairs". Pub. L. 92-226 included position of an Under Secretary of State for Coordinating Security Assistance Programs. Par. (10). Pub. L. 92-302 substituted "Under Secretary of the Treasury (or Counselor)" for "Under Secretary of the Treasury". Par. (58). Pub. L. 92-261 added par. (58) relating to Chairman, Equal Employment Opportunity Commission. Par. (59). Pub. L. 92-573 added par. (59) relating to Chairman, Consumer Product Safety Commission. 1971 - Pars. (1) to (54). Pub. L. 91-644, Sec. 8(a), struck out par. (1) relating to Deputy Attorney General, now a level II position under section 5313 of this title, renumbered pars. (2) through (54) as (1) through (53), respectively. Par. (55). Pub. L. 91-644, Sec. 7(1), in amending section 505 of Pub. L. 90-351, renumbered par. (90) "Administrator of Law Enforcement Assistance" of section 5315 of this title as par. (55) of this section. Par. (58). Pub. L. 92-181 added par. (58) relating to Governor of Farm Credit Administration. 1970 - Par. (3). Pub. L. 91-375, Sec. 6(c)(13)(A), struck out par. (3) relating to Deputy Postmaster General. Par. (55). Pub. L. 91-375, Sec. 6(c)(13)(B), added par. (55) relating to Chairman, Postal Rate Commission. Par. (57). Pub. L. 91-596 added par. (57) relating to Chairman, Occupational Safety and Health Review Commission. 1969 - Par. (54). Pub. L. 91-175 added par. (54) relating to President, Overseas Private Investment Corporation. 1968 - Par. (40). Pub. L. 90-407 substituted "Deputy Director, National Science Foundation" for "Director of the National Science Foundation". Par. (53). Pub. L. 90-623 added par. (53) relating to Urban Mass Transportation Administrator. 1967 - Pub. L. 90-206 increased annual rate of basic pay from $28,500 to $29,500. 1966 - Pub. L. 89-670 added pars. (46) to (48), relating to Administrator of Federal Highway Administration, Administrator of the Federal Railroad Administration, and Chairman of National Transportation Safety Board, respectively, and repealed par. (6) which provided for Under Secretary of Commerce for Transportation, subject to the provisions of section 1657 of former Title 49, Transportation. -CHANGE- CHANGE OF NAME "Export-Import Bank of Washington", referred to in text, was changed to "Export-Import Bank of the United States" in the Export- Import Bank Act of 1945, section 635 et seq. of Title 12, Banks and Banking, as provided for in section 1(a) of Pub. L. 90-267, Mar. 13, 1968, 82 Stat. 47. -MISC3- EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140, set out as an Effective Date note under section 1824 of Title 2, The Congress. EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-364, div. A, title IX, Sec. 942(c), Oct. 17, 2006, 120 Stat. 2365, provided that: "The amendments made by this section [amending this section and section 5315 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006], and shall apply with respect to individuals appointed as Deputy Under Secretary of Defense for Logistics and Materiel Readiness on or after that date." EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108-447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108-447 take office or May 18, 2005, see section 604(b) of Pub. L. 108-447, set out as an Appointments; Effective Date; Transition note under section 831a of Title 16, Conservation. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-173, title IX, Sec. 900(d)(3), Dec. 8, 2003, 117 Stat. 2370, provided that: "The amendments made by this subsection [amending this section and section 5315 of this title] take effect on January 1, 2004." EFFECTIVE DATE OF 2002 AMENDMENTS Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. Pub. L. 107-110, title X, Sec. 1071(b), Jan. 8, 2002, 115 Stat. 2088, provided that: "This section [amending this section] shall take effect on the first day of the first pay period on or after the date of enactment of this Act [Jan. 8, 2002]." EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-569 effective on the first day of the first pay period for the Chairman and Members of the Board of Governors of the Federal Reserve System beginning on or after Dec. 27, 2000, see section 1002(b) of Pub. L. 106-569, set out as a note under section 5312 of this title. EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section 107(a) of Pub. L. 106-159, set out as a note under section 104 of Title 49, Transportation. Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 238(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-302, provided that: "The amendment made by this subsection [probably means this section, amending this section and section 5315 of this title] shall take effect on January 1, 2000." Amendment by section 1000(a)(9) [title IV, Sec. 4720(a)] of Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of Title 35, Patents. Amendment by section 3293(a) of Pub. L. 106-65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106-65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1224(2) of Pub. L. 105-277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105-277, set out as an Effective Date note under section 6511 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103- 236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103-236, as amended, set out as a note under section 2651a of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by Pub. L. 102-552 effective Jan. 1, 1996, see section 201(c)(1) of Pub. L. 102-552, set out as an Effective Date of 1992 Amendment; Transitional Provision note under section 2277a-2 of Title 12, Banks and Banking. Amendment by Pub. L. 102-378 effective as of the first day of the first applicable pay period beginning on or after Nov. 5, 1990, see section 9(b)(10) of Pub. L. 102-378, set out as a note under section 6303 of this title. EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102-233 effective Feb. 1, 1992, see section 318 of Pub. L. 102-233, set out as a note under section 1441 of Title 12, Banks and Banking. Amendment by Pub. L. 102-103 effective on first day of first pay period beginning on or after Aug. 17, 1991, see section 203 of Pub. L. 102-103, set out as a note under section 3412 of Title 20, Education. EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Health and Human Services, Under Secretary of the Interior, Under Secretary of Education, and Under Secretary of Housing and Urban Development, see section 529 [title I, Sec. 112(e)] of Pub. L. 101-509, set out as a note under section 3404 of Title 20, Education. Section 6 of Pub. L. 101-328 provided that: "The provisions of this Act [amending this section and enacting provisions set out as notes under section 2471 of Title 42, The Public Health and Welfare] are effective as of October 1, 1989." EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and amendment by section 1003(a)(4)(B) of Pub. L. 100-690 repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100-690. Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section 11(e) of Pub. L. 100-679, set out as a note under section 5312 of this title. Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99-335, set out as an Effective Date note under section 8401 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Section 116(d) of Pub. L. 99-64, as amended by Pub. L. 99-441, Sec. 5, Oct. 3, 1986, 100 Stat. 1118, provided that: "The provisions of section 15(a) of the Export Administration Act of 1979 [50 U.S.C. App. 2414(a)], as amended by subsection (a) of this section, and the amendments made by subsections (b) and (c) of this section [amending sections 5314 and 5315 of this title] shall take effect on October 1, 1987." EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301 of Pub. L. 98-497, set out as a note under section 2102 of Title 44, Public Printing and Documents. Amendment by section 609J of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA of Pub. L. 98-473, set out as an Effective Date note under section 3711 of Title 42, The Public Health and Welfare. Section 9(v) of Pub. L. 98-443 provided that: "The amendments made by this section [amending sections 5314 and 5315 of this title, sections 1622 and 2145 of Title 7, Agriculture, sections 4746 and 9746 of Title 10, Armed Forces, sections 18, 21, 1607, 1681s, 1691c, and 1692l of Title 15, Commerce and Trade, section 18b of Title 16, Conservation, sections 47 and 7701 of Title 26, Internal Revenue Code, section 3726 of Title 31, Money and Finance, sections 3401, 5005, 5401, and 5402 of Title 39, Postal Service, section 3502 of Title 44, Public Printing and Documents, and sections 1159a, 1159b, 1301, 1305, 1377, 1382, 1388, 1389, and 1537 of former Title 49, Transportation] shall take effect on January 1, 1985." EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-63 effective Oct. 1, 1981, see section 6 of Pub. L. 97-63, set out as a note under section 2121 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-355 effective Oct. 1, 1980, see section 10 of Pub. L. 96-355, set out as an Effective Date note under section 2204b of Title 7, Agriculture. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section 2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312 of this title. Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENTS Amendment by Pub. L. 95-630 effective on expiration of 120 days after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as a note under section 1752 of Title 12, Banks and Banking. Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. Section 114(c) of Pub. L. 95-426 provided that: "The amendments made by this section [amending sections 5314 and 5315 of this title and section 2652 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as a note under section 2652 of Title 22] shall take effect on October 1, 1978." EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95- 164, set out as a note under section 801 of Title 30, Mineral Lands and Mining. EFFECTIVE DATE OF 1975 AMENDMENT Section 6(a), formerly section 6(a)(1), of Pub. L. 94-123, as renumbered Pub. L. 96-330, title I, Sec. 101, Aug. 26, 1980, 94 Stat. 1030, provided that: "The amendments made by section 2 of this Act [enacting former section 4118 of Title 38, Veterans' Benefits, amending this section, section 5315 of this title, and former section 4107 of Title 38, and enacting provisions set out as notes under former section 4118 of Title 38] shall become effective on October 12, 1975." EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section 418 of Pub. L. 93-463, set out as a note under section 2 of Title 7, Agriculture. Amendment by Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections 5811 to 5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93-438, set out as an Effective Date; Interim Appointments note under section 5801 of Title 42. EFFECTIVE DATE OF 1973 AMENDMENT Offices and salaries modified under amendment by Pub. L. 93-83, prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1968 AMENDMENTS Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of this title. Amendment by Pub. L. 90-407 effective on first day of first calendar month which begins on or after July 18, 1968, see section 15 (a)(4) of Pub. L. 90-407, set out as a note under section 5313 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967 as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. -TRANS- TRANSFER OF FUNCTIONS Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title. -MISC4- PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92-302, not eligible to an increase in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [section 5313 of this title], effective as of day following date on which person holding such office on June 19, 1968 ceases to serve as Director, see section 1101(a) of Pub. L. 90-351, set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure. Position of Director of Federal Bureau of Investigation, referred to in text, placed temporarily in level II during incumbency of incumbent on Aug. 14, 1964, by Pub. L. 88-426, Aug. 14, 1964, Sec. 303(b)(15), 78 Stat. 416. Section 1101(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (Pub. L. 90-351, June 19, 1968, 82 Stat. 236), which is set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure, provided in part that when present incumbent of position of Director leaves office, his successors will be paid at rate prescribed for level II. SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title. -FOOTNOTE- (!1) So in original. Probably should be followed by a period. -End- -CITE- 5 USC Sec. 5315 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5315. Positions at level IV -STATUTE- Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Administrator of General Services. Associate Administrator of the National Aeronautics and Space Administration. Assistant Administrators, Agency for International Development (6). Regional Assistant Administrators, Agency for International Development (4). Assistant Secretaries of Agriculture (3). Assistant Secretaries of Commerce (11). Assistant Secretaries of Defense (10). Assistant Secretaries of the Air Force (4). Assistant Secretaries of the Army (5). Assistant Secretaries of the Navy (4). Assistant Secretaries of Health and Human Services (6). Assistant Secretaries of the Interior (6). Assistant Attorneys General (11). Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training. Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate. Assistant Secretaries of the Treasury (10). Members, United States International Trade Commission (5). Assistant Secretaries of Education (10). General Counsel, Department of Education. Director of Civil Defense, Department of the Army. Deputy Director of the Office of Emergency Planning. Deputy Director of the Office of Science and Technology. Deputy Director of the Peace Corps. Assistant Directors of the Office of Management and Budget (3). General Counsel of the Department of Agriculture. General Counsel of the Department of Commerce. General Counsel of the Department of Defense. General Counsel of the Department of Health and Human Services. Solicitor of the Department of the Interior. Solicitor of the Department of Labor. General Counsel of the National Labor Relations Board. General Counsel of the Department of the Treasury. First Vice President of the Export-Import Bank of Washington. Members, Council of Economic Advisers. Members, Board of Directors of the Export-Import Bank of Washington. Members, Federal Communications Commission. Member, Board of Directors of the Federal Deposit Insurance Corporation. Directors, Federal Housing Finance Board. Members, Federal Energy Regulatory Commission. Members, Federal Trade Commission. Members, Surface Transportation Board. Members, National Labor Relations Board. Members, Securities and Exchange Commission. Members, Merit Systems Protection Board. Members, Federal Maritime Commission. Members, National Mediation Board. Members, Railroad Retirement Board. Director of Selective Service. Associate Director of the Federal Bureau of Investigation, Department of Justice. Members, Equal Employment Opportunity Commission (4). Director, Community Relations Service. Members, National Transportation Safety Board. General Counsel, Department of Transportation. Deputy Administrator, Federal Aviation Administration. Assistant Secretaries of Transportation (4). Deputy Federal Highway Administrator. Administrator of the Saint Lawrence Seaway Development Corporation. Assistant Secretary for Science, Smithsonian Institution. Assistant Secretary for History and Art, Smithsonian Institution. Deputy Administrator of the Small Business Administration. Assistant Secretaries of Housing and Urban Development (8). General Counsel of the Department of Housing and Urban Development. Commissioner of Interama. Federal Insurance Administrator, Federal Emergency Management Agency. Executive Vice President, Overseas Private Investment Corporation. Members, National Credit Union Administration Board (2). Members, Postal Regulatory Commission (4). Members, Occupational Safety and Health Review Commission. Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). Members, Consumer Product Safety Commission (4). Members, Commodity Futures Trading Commission. Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission. Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission. Director of Nuclear Regulatory Research, Nuclear Regulatory Commission. Executive Director for Operations, Nuclear Regulatory Commission. President, Government National Mortgage Association, Department of Housing and Urban Development. Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration. Director, Bureau of Prisons, Department of Justice. Assistant Secretaries of Energy (7). General Counsel of the Department of Energy. Administrator, Economic Regulatory Administration, Department of Energy. Administrator, Energy Information Administration, Department of Energy. Director, Office of Indian Energy Policy and Programs, Department of Energy. Director, Office of Science, Department of Energy. Assistant Secretary of Labor for Mine Safety and Health. Members, Federal Mine Safety and Health Review Commission. President, National Consumer Cooperative Bank. Special Counsel of the Merit Systems Protection Board. Chairman, Federal Labor Relations Authority. Assistant Secretaries, Department of Homeland Security. General Counsel, Department of Homeland Security. Officer for Civil Rights and Civil Liberties, Department of Homeland Security. Chief Financial Officer, Department of Homeland Security. Chief Information Officer, Department of Homeland Security. Deputy Director, Institute for Scientific and Technological Cooperation. Director of the National Institute of Justice. Director of the Bureau of Justice Statistics. Chief Counsel for Advocacy, Small Business Administration. Assistant Administrator for Toxic Substances, Environmental Protection Agency. Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. Assistant Administrators, Environmental Protection Agency (8). Director of Operational Test and Evaluation, Department of Defense. Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State. Director, National Institute of Standards and Technology, Department of Commerce. Director of Defense Research and Engineering. Ambassadors at Large. Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service. Assistant Secretaries, Department of Veterans Affairs (7). General Counsel, Department of Veterans Affairs. Commissioner of Food and Drugs, Department of Health and Human Services (!1) Chairman, Board of Veterans' Appeals. Administrator, Office of Juvenile Justice and Delinquency Prevention. Director, United States Marshals Service. Chairman, United States Parole Commission. Director, Bureau of the Census, Department of Commerce. Director of the Institute of Museum and Library Services. Chief Financial Officer, Department of Agriculture. Chief Financial Officer, Department of Commerce. Chief Financial Officer, Department of Education. Chief Financial Officer, Department of Energy. Chief Financial Officer, Department of Health and Human Services. Chief Financial Officer, Department of Housing and Urban Development. Chief Financial Officer, Department of the Interior. Chief Financial Officer, Department of Justice. Chief Financial Officer, Department of Labor. Chief Financial Officer, Department of State. Chief Financial Officer, Department of Transportation. Chief Financial Officer, Department of the Treasury. Chief Financial Officer, Department of Veterans Affairs. Chief Financial Officer, Environmental Protection Agency. Chief Financial Officer, National Aeronautics and Space Administration. Commissioner, Office of Navajo and Hopi Indian Relocation. Deputy Under Secretary of Defense for Policy. Deputy Under Secretary of Defense for Personnel and Readiness. Deputy Under Secretary of Defense for Logistics and Materiel Readiness. General Counsel of the Department of the Army. General Counsel of the Department of the Navy. General Counsel of the Department of the Air Force. Liaison for Community and Junior Colleges, Department of Education. Director of the Office of Educational Technology. Director of the International Broadcasting Bureau. The (!2) Commissioner of Labor Statistics, Department of Labor. Administrator, Rural Utilities Service, Department of Agriculture. Chief Information Officer, Department of Agriculture. Chief Information Officer, Department of Commerce. Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under section 5312, 5313, or 5314 of this title). Chief Information Officer, Department of Education. Chief Information Officer, Department of Energy. Chief Information Officer, Department of Health and Human Services. Chief Information Officer, Department of Housing and Urban Development. Chief Information Officer, Department of the Interior. Chief Information Officer, Department of Justice. Chief Information Officer, Department of Labor. Chief Information Officer, Department of State. Chief Information Officer, Department of Transportation. Chief Information Officer, Department of the Treasury. Chief Information Officer, Department of Veterans Affairs. Chief Information Officer, Environmental Protection Agency. Chief Information Officer, National Aeronautics and Space Administration. Chief Information Officer, Agency for International Development. Chief Information Officer, Federal Emergency Management Agency. Chief Information Officer, General Services Administration. Chief Information Officer, National Science Foundation. Chief Information Officer, Nuclear Regulatory Agency. Chief Information Officer, Office of Personnel Management. Chief Information Officer, Small Business Administration. General Counsel of the Central Intelligence Agency. Principal Deputy Administrator, National Nuclear Security Administration. Additional Deputy Administrators of the National Nuclear Security Administration (3), but if the Deputy Administrator for Naval Reactors is an officer of the Navy on active duty, (2). Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. General Counsel of the Office of the National Intelligence Director. Chief Medical Officer, Department of Homeland Security. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 461; Pub. L. 89-670, Sec. 10(d)(4), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 89-734, Sec. 1(1), Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, Sec. 8(c)(1), Nov. 6, 1966, 80 Stat. 1364; Pub. L. 90-83, Sec. 1(15), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, title II, Sec. 215(b), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-351, title I, Sec. 505, June 19, 1968, 82 Stat. 205; Pub. L. 90-448, title XI, Sec. 1105(b), title XVII, Sec. 1708(b), Aug. 1, 1968, 82 Stat. 567, 606; Pub. L. 90- 623, Sec. 1(4), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-121, title IV, Sec. 404(b), Nov. 19, 1969, 83 Stat. 207; Pub. L. 91-175, pt. V, Sec. 503(2), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91-206, Sec. 5(b), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91-375, Sec. 6(c)(14), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-469, Sec. 42(b), Oct. 21, 1970, 84 Stat. 1038; Pub. L. 91-477, Sec. 3(b), Oct. 21, 1970, 84 Stat. 1072; Pub. L. 91-596, Secs. 12(c)(2), 29(b), Dec. 29, 1970, 84 Stat. 1604, 1619; Pub. L. 91-611, title II, Sec. 211(b), Dec. 31, 1970, 84 Stat. 1829; Pub. L. 91-644, title I, Sec. 7 (1), (2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, Sec. 2, June 1, 1971, 85 Stat. 76; Pub. L. 92-181, title V, Sec. 5.41(a), formerly Sec. 5.27(a), Dec. 10, 1971, 85 Stat. 625, renumbered Pub. L. 99-205, title II, Sec. 205(a)(2), Dec. 23, 1985, 99 Stat. 1703; Pub. L. 92-215, Sec. 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92- 255, title II, Sec. 212(b), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92- 261, Sec. 9(b), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302, Sec. 2(c), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, title I, Sec. 104(3), July 13, 1972, 86 Stat. 490; Pub. L. 92-419, title VI, Sec. 604(b), Aug. 30, 1972, 86 Stat. 676; Pub. L. 92-573, Sec. 4(h)(2), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 92-603, title IV, Sec. 404(b), Oct. 30, 1972, 86 Stat. 1488; Pub. L. 90-351, title I, Sec. 506(a), as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93-126, Sec. 9(b), as added Pub. L. 93-312, Sec. 9, June 8, 1974, 88 Stat. 238; Pub. L. 93-383, title VIII, Sec. 818(c), Aug. 22, 1974, 88 Stat. 740; Pub. L. 93-400, Sec. 13, Aug. 30, 1974, 88 Stat. 799; Pub. L. 93-438, title III, Sec. 310(3), Oct. 11, 1974, 88 Stat. 1253; Pub. L. 93-463, title I, Sec. 102(b), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, title I, Sec. 172(c)(2), Jan. 3, 1975, 88 Stat. 2010; Pub. L. 94-82, title II, Sec. 202(b)(4), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-123, Sec. 2(c)(2), Oct. 22, 1975, 89 Stat. 670; Pub. L. 94-183, Sec. 2(18), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 92-255, title II, Sec. 209(b), as added Pub. L. 94- 237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243; Pub. L. 94-375, Sec. 17(c), Aug. 3, 1976, 90 Stat. 1077; Pub. L. 94-461, Sec. 4(b), Oct. 8, 1976, 90 Stat. 1969; Pub. L. 94-503, title II, Sec. 202(b), Oct. 15, 1976, 90 Stat. 2426; Pub. L. 94-561, Sec. 3(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95-88, title I, Sec. 124(b), Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-91, title VII, Sec. 710(f), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-105, title I, Sec. 109(d), Aug. 17, 1977, 91 Stat. 847; Pub. L. 95-108, Sec. 2(b), Aug. 17, 1977, 91 Stat. 871; Pub. L. 95-164, title III, Sec. 302(b), Nov. 9, 1977, 91 Stat. 1319; Pub. L. 95-173, Sec. 9(b), Nov. 12, 1977, 91 Stat. 1360; Pub. L. 95-351, title III, Sec. 302, Aug. 20, 1978, 92 Stat. 514; Pub. L. 95-426, title I, Secs. 114(b)(2), 115(b)(1), Oct. 7, 1978, 92 Stat. 969; Pub. L. 95-452, Sec. 10(a), Oct. 12, 1978, 92 Stat. 1108; Pub. L. 95-454, title II, Secs. 202(c)(2), (3), title VII, Sec. 703(d), Oct. 13, 1978, 92 Stat. 1131, 1217; Pub. L. 95-630, title V, Sec. 502(e), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96-39, title XI, Sec. 1106(c)(4), July 26, 1979, 93 Stat. 312; Pub. L. 96- 53, title IV, Sec. 412(b), Aug. 14, 1979, 93 Stat. 377; Pub. L. 96- 54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-88, title V, Sec. 508(e), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 96- 107, title VIII, Sec. 820(e)(1), Nov. 9, 1979, 93 Stat. 819; Pub. L. 96-132, Sec. 5, Nov. 30, 1979, 93 Stat. 1045; Pub. L. 96-153, title VI, Sec. 603(b), Dec. 21, 1979, 93 Stat. 1138; Pub. L. 90- 351, title I, Sec. 809, as added Pub. L. 96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1204; Pub. L. 96-302, title IV, Sec. 403, July 2, 1980, 94 Stat. 850; Pub. L. 96-511, Sec. 4(d), Dec. 11, 1980, 94 Stat. 2826; Pub. L. 97-31, Sec. 12(1)(B), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-35, title III, Sec. 396(h)(4), Aug. 13, 1981, 95 Stat. 441; Pub. L. 97-98, title XIV, Sec. 1414(b), Dec. 22, 1981, 95 Stat. 1303; Pub. L. 97-195, Sec. 1(b)(2), June 16, 1982, 96 Stat. 115; Pub. L. 97-252, title XI, Sec. 1117(d), Sept. 8, 1982, 96 Stat. 753; Pub. L. 97-325, Sec. 8(b), Oct. 15, 1982, 96 Stat. 1605; Pub. L. 97-449, Sec. 3(3), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 98-80, Sec. 2(c)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. 98-94, title XII, Secs. 1211(b), 1212(d), Sept. 24, 1983, 97 Stat. 686, 687; Pub. L. 98-164, title I, Sec. 125(b)(2), Nov. 22, 1983, 97 Stat. 1026; Pub. L. 98-202, Sec. 6(b), Dec. 2, 1983, 97 Stat. 1382; Pub. L. 98-216, Sec. 3(a)(3), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98- 369, title III, Sec. 2332(b), July 18, 1984, 98 Stat. 1089; Pub. L. 98-443, Sec. 9(e), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 98-473, title II, Secs. 609J(b), 1701(b), Oct. 12, 1984, 98 Stat. 2102, 2185; Pub. L. 98-594, Sec. 1(b), Oct. 30, 1984, 98 Stat. 3129; Pub. L. 99-64, title I, Sec. 116(c), July 12, 1985, 99 Stat. 153; Pub. L. 99-73, Sec. 6(b)(1), July 29, 1985, 99 Stat. 173; Pub. L. 99-93, title I, Sec. 115(b), title VII, Sec. 704(a)(2), Aug. 16, 1985, 99 Stat. 411, 445; Pub. L. 99-399, title I, Sec. 104(c), title IV, Secs. 412(c), 413(e), formerly 413(a)(5), Aug. 27, 1986, 100 Stat. 856, 867, 868, as renumbered Pub. L. 100-204, title I, Sec. 134(b), Dec. 22, 1987, 101 Stat. 1344; Pub. L. 99-500, Sec. 101(c) [title X, Sec. 903(b)(2)(B)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, and Pub. L. 99-591, Sec. 101(c) [title X, Sec. 903(b)(2)(B)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-132; Pub. L. 99-619, Sec. 2(b)(2), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 99-659, title IV, Sec. 407(e)(2), Nov. 14, 1986, 100 Stat. 3740; Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 903(b)(2)(B), Nov. 14, 1986, 100 Stat. 3912, as renumbered Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-204, title I, Sec. 178(a)(2), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 100-297, title III, Sec. 3001(b)(2), Apr. 28, 1988, 102 Stat. 331; Pub. L. 100-418, title II, Sec. 2301(i), formerly Sec. 2301(h), title V, Sec. 5112(c)(2), Aug. 23, 1988, 102 Stat. 1341, 1431, as renumbered Pub. L. 102-429, title II, Sec. 203(b)(1), Oct. 21, 1992, 106 Stat. 2201; Pub. L. 100-485, title VI, Sec. 603(b), Oct. 13, 1988, 102 Stat. 2409; Pub. L. 100-504, title I, Sec. 103(a), Oct. 18, 1988, 102 Stat. 2521; Pub. L. 100-527, Sec. 13(f), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-607, title V, Sec. 503(b)(2), Nov. 4, 1988, 102 Stat. 3121; Pub. L. 100-679, Sec. 11(d), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100-687, div. A, title II, Sec. 201(b)(1), Nov. 18, 1988, 102 Stat. 4109; Pub. L. 100-690, title I, Secs. 1003(a)(4)(C), 1007(c)(4), title VII, Secs. 7252(b)(3), 7608(e), Nov. 18, 1988, 102 Stat. 4182, 4188, 4436, 4517; Pub. L. 101-73, title V, Sec. 501(b)(2)(A), title VII, Sec. 742(a)(2), Aug. 9, 1989, 103 Stat. 393, 436; Pub. L. 101-189, div. A, title XI, Sec. 1112, Nov. 29, 1989, 103 Stat. 1554; Pub. L. 101-319, Sec. 3(a), July 3, 1990, 104 Stat. 290; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 113(2)], Nov. 5, 1990, 104 Stat. 1427, 1455; Pub. L. 101-512, title III, Sec. 318 [title II, Sec. 202(a)(2)], Nov. 5, 1990, 104 Stat. 1960, 1975; Pub. L. 101-576, title II, Sec. 207(c), Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102-138, title I, Sec. 122(d)(1), Oct. 28, 1991, 105 Stat. 659; Pub. L. 102-180, Sec. 3(g), Dec. 2, 1991, 105 Stat. 1231; Pub. L. 102-183, title IV, Sec. 404, Dec. 4, 1991, 105 Stat. 1267; Pub. L. 102-190, div. A, title IX, Secs. 901(b), 903(a)(1), div. C, title XXXV, Sec. 3504(a), Dec. 5, 1991, 105 Stat. 1450, 1451, 1586; Pub. L. 102-325, title XV, Sec. 1553(b), July 23, 1992, 106 Stat. 839; Pub. L. 102-359, Sec. 2(b)(1), Aug. 26, 1992, 106 Stat. 962; Pub. L. 102-552, title II, Sec. 201(b)(2), Oct. 28, 1992, 106 Stat. 4105; Pub. L. 103-123, title I, Sec. 108(a)(2), Oct. 28, 1993, 107 Stat. 1234; Pub. L. 103-160, div. A, title IX, Secs. 902(a)(2), 903(c)(2), Nov. 30, 1993, 107 Stat. 1727, 1728; Pub. L. 103-171, Sec. 3(b)(1), Dec. 2, 1993, 107 Stat. 1991; Pub. L. 103-204, Sec. 23(b), Dec. 17, 1993, 107 Stat. 2408; Pub. L. 103-227, title II, Sec. 233(b), Mar. 31, 1994, 108 Stat. 155; Pub. L. 103-236, title I, Sec. 162(d)(2), title III, Sec. 307(b)(2), title VII, Sec. 708(b), Apr. 30, 1994, 108 Stat. 405, 436, 494; Pub. L. 103-272, Sec. 4(b)(2), July 5, 1994, 108 Stat. 1361; Pub. L. 103-296, title I, Secs. 106(a)(7)(B), 108(e)(3), Aug. 15, 1994, 108 Stat. 1476, 1486; Pub. L. 103-333, title I, Sec. 106, Sept. 30, 1994, 108 Stat. 2548; Pub. L. 103-337, div. A, title IX, Sec. 901(b), Oct. 5, 1994, 108 Stat. 2822; Pub. L. 103-354, title II, Secs. 218(d), 232(b)(3), Oct. 13, 1994, 108 Stat. 3212, 3219; Pub. L. 104-88, title III, Sec. 301(b), Dec. 29, 1995, 109 Stat. 943; Pub. L. 104-105, title II, Sec. 219(b)(2), Feb. 10, 1996, 110 Stat. 184; Pub. L. 104-106, div. A, title IX, Sec. 902(b), div. E, title LI, Sec. 5125(e), Feb. 10, 1996, 110 Stat. 401, 686; Pub. L. 104-127, title VII, Sec. 723(b), Apr. 4, 1996, 110 Stat. 1119; Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec. 709(b)(1)], (f) [title VI, Sec. 662(c)(1)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-313, 3009- 314, 3009-380; Pub. L. 104-293, title VIII, Secs. 812(b), 813(c), Oct. 11, 1996, 110 Stat. 3482, 3483; Pub. L. 105-85, div. A, title X, Sec. 1073(e)(1), div. C, title XXXV, Sec. 3550(b), Nov. 18, 1997, 111 Stat. 1906, 2074; Pub. L. 105-245, title III, Sec. 309(b)(2)(A), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 105-261, div. A, title IX, Sec. 901(b), Oct. 17, 1998, 112 Stat. 2091; Pub. L. 105-277, div. A, Sec. 101(a) [title X, Sec. 1003], div. G, subdiv. A, title XII, Sec. 1224(3), title XIII, Secs. 1314(c), 1332(2), subdiv. B, title XXIII, Sec. 2305(b)(2), Oct. 21, 1998, 112 Stat. 2681, 2681-42, 2681-772, 2681-776, 2681-785, 2681-825; Pub. L. 105- 368, title IV, Sec. 403(b)(2), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106-65, div. C, title XXXII, Secs. 3293(b), 3294(a)(1), Oct. 5, 1999, 113 Stat. 969, 970; Pub. L. 106-113, div. B, Secs. 1000(a)(5) [title II, Sec. 238(a)(1)], 1000(a)(9) [title IV, Sec. 4720(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-302, 1501A-581; Pub. L. 106- 422, Sec. 1(c), Nov. 1, 2000, 114 Stat. 1872; Pub. L. 107-107, div. A, title IX, Sec. 901(b), (c)(2), div. C, title XXXI, Sec. 3141(b), Dec. 28, 2001, 115 Stat. 1194, 1370; Pub. L. 107-171, title VI, Sec. 6201(d)(1), title X, Sec. 10704(b), May 13, 2002, 116 Stat. 419, 518; Pub. L. 107-189, Sec. 22(b), June 14, 2002, 116 Stat. 708; Pub. L. 107-279, title IV, Sec. 404(b), Nov. 5, 2002, 116 Stat. 1985; Pub. L. 107-287, Sec. 5(d), Nov. 7, 2002, 116 Stat. 2030; Pub. L. 107-296, title XVII, Sec. 1702(a)(4), (5), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 107-314, div. A, title IX, Sec. 902(d), Dec. 2, 2002, 116 Stat. 2621; Pub. L. 108-173, title IX, Sec. 900(d)(2), Dec. 8, 2003, 117 Stat. 2370; Pub. L. 108-177, title I, Sec. 105(d)(3), Dec. 13, 2003, 117 Stat. 2604; Pub. L. 108- 447, div. C, title VI, Sec. 603(c)(2), Dec. 8, 2004, 118 Stat. 2967; Pub. L. 108-458, title I, Sec. 1015(c), Dec. 17, 2004, 118 Stat. 3664; Pub. L. 109-58, title V, Sec. 502(b)(2), title X, Sec. 1006(c)(3), Aug. 8, 2005, 119 Stat. 764, 932; Pub. L. 109-163, div. A, title IX, Sec. 901(b), Jan. 6, 2006, 119 Stat. 3397; Pub. L. 109- 177, title V, Sec. 506(a)(3), Mar. 9, 2006, 120 Stat. 247; Pub. L. 109-295, title VI, Sec. 612(a)(3), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109-364, div. A, title IX, Secs. 901(b), 942(a), Oct. 17, 2006, 120 Stat. 2350, 2365; Pub. L. 109-435, title VI, Sec. 604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 110-49, Sec. 11(b), July 26, 2007, 121 Stat. 260; Pub. L. 110-343, div. A, title I, Sec. 101(a)(3)(B)(i), Oct. 3, 2008, 122 Stat. 3767; Pub. L. 110-409, Sec. 4(a)(2), Oct. 14, 2008, 122 Stat. 4303.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- (1)-(69) 5 U.S.C. 2211(d). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(d), 78 Stat. 417. (70), (71) 5 U.S.C. 2211(c)(39) Aug. 14, 1964, Pub. L. (proviso), (46) 88-426, Sec. 303(c)(39) (proviso). (proviso), (46) (proviso), 78 Stat. 417. (72)-(77) 5 U.S.C. 2211(g). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(g), 78 Stat. 422. -------------------------------------------------------------------- Paragraphs (72)-(77) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (72)-(77) in Level IV. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT -------------------------------------------------------------------- Section of Source (U.S. Code) Source (Statutes at Large) title 5 -------------------------------------------------------------------- 5315(12) 5 App.: 2211(d)(12). Aug. 26, 1965, Pub. L. 89-136, Sec. 601(b), 79 Stat. 569. 5315(17) 5 App.: 2211(d)(17). Aug. 9, 1965, Pub. L. 89-115, Sec. 4(c) (words before semicolon), 79 Stat. 449. Oct. 2, 1965, Pub. L. 89-234, Sec. 1(b) (last sentence), 79 Stat. 903. [Uncodified]. 1966 Reorg. Plan No. 2, Sec. 5(a), eff. May 10, 1966, 80 Stat. 1609. 5315(18) [Uncodified]. 1966 Reorg. Plan No. 2, Sec. 2 (last 20 words), eff. May 10, 1966, 80 Stat. 1609. 5315(21) 5 App.: 2211(d)(21). July 5, 1966, Pub. L. 89-492, Sec. 3, 80 Stat. 262. 5315(30) 5 App.: 2211(d)(30). July 18, 1966, Pub. L. 89-504, Sec. 408(b), 80 Stat. 299. 5315(87), 42: 3533(a) (as Sept. 9, 1965, Pub. L. (88). applicable to 89-174, Sec. 4(a) (as compensation of four applicable to compensation Assistant of four Assistant Secretaries and Secretaries and General General Counsel). Counsel), 79 Stat. 668. 5315(89) 22: 2083(a) (1st Feb. 19, 1966, Pub. L. sentence, less 1st 89-355, Sec. 3(a) (1st 20 words). sentence, less 1st 20 words), 80 Stat. 6. -------------------------------------------------------------------- The deletion of paragraphs (25)-(28) of 5 U.S.C. 5315 reflects the abolition of the positions of "Commissioner, Community Facilities Administration", "Commissioner, Federal Housing Administration", "Commissioner, Public Housing Administration", and "Commissioner, Urban Renewal Administration" by the act of September 9, 1965, Public Law 89-174, sections 5(a), 9(c), 79 Stat. 669, 671. The redesignation of paragraphs (78) and (79), added by Public Law 89-734, and of paragraph (78), added by Public Law 89-779, as paragraphs "(84)", "(85)", and "(86)", respectively, reflects the addition of paragraphs (78)-(83) by section 10(d)(4) of Public Law 89-670. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. The paragraph designation for the positions added or amended by Pub. L. 96-88 and Pub. L. 96-302 has been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96-54. Amendment by Pub. L. 94-237 to formerly designated par. (95) of this section has been editorially made to formerly designated par. (96) of this section relating to the Deputy Director, Office of Drug Abuse Policy, in view of redesignation of par. (95) as (96) by Pub. L. 94-183 as the probable intent of Congress. -MISC2- AMENDMENTS 2008 - Pub. L. 110-409 struck out items relating to Inspectors General of Departments of Education, Energy, Health and Human Services, Agriculture, Housing and Urban Development, Labor, Transportation, Veterans Affairs, Homeland Security, Defense, State, Commerce, the Interior, Justice, and the Treasury, Agency for International Development, Environmental Protection Agency, Export-Import Bank, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, Small Business Administration, Tennessee Valley Authority, Federal Deposit Insurance Corporation, Resolution Trust Corporation, Central Intelligence Agency, Social Security Administration, and United States Postal Service. Pub. L. 110-343 substituted "(10)" for "(9)" in item relating to Assistant Secretaries of the Treasury. 2007 - Pub. L. 110-49 substituted "(9)" for "(8)" in item relating to Assistant Secretaries of the Treasury. 2006 - Pub. L. 109-435 substituted "Members, Postal Regulatory Commission (4)" for "Members, Postal Rate Commission (4)". Pub. L. 109-364, Sec. 942(a), inserted item relating to Deputy Under Secretary of Defense for Logistics and Materiel Readiness. Pub. L. 109-364, Sec. 901(b), substituted "(10)" for "(9)" in item relating to Assistant Secretaries of Defense. Pub. L. 109-295 inserted item relating to Chief Medical Officer, Department of Homeland Security. Pub. L. 109-177, Sec. 506(a)(3), substituted "(11)" for "(10)" in item relating to Assistant Attorneys General. Pub. L. 109-163 struck out items relating to Under Secretary of the Air Force, Under Secretary of the Army, and Under Secretary of the Navy. 2005 - Pub. L. 109-58, Sec. 1006(c)(3), substituted "(7)" for "(6)" in item relating to Assistant Secretaries of Energy. Pub. L. 109-58, Sec. 502(b)(2), inserted item relating to Director, Office of Indian Energy Policy and Programs, Department of Energy. 2004 - Pub. L. 108-458 inserted item relating to General Counsel of the Office of the National Intelligence Director and struck out item relating to Assistant Directors of Central Intelligence. Pub. L. 108-447 struck out item relating to Members, Board of Directors of the Tennessee Valley Authority. 2003 - Pub. L. 108-177 substituted "(8)" for "(7)" in item relating to Assistant Secretaries of the Treasury. Pub. L. 108-173 struck out item relating to Administrator of the Health Care Financing Administration. 2002 - Pub. L. 107-314, which directed the repeal of Pub. L. 107- 107, Sec. 901(c), was executed by substituting "(9)" for "(8)" in item relating to Assistant Secretaries of Defense to reflect the probable intent of Congress. See 2001 Amendment note below. Pub. L. 107-296, Sec. 1702(a)(5), struck out item relating to Commissioner of Immigration and Naturalization, Department of Justice. Pub. L. 107-296, Sec. 1702(a)(4), inserted items relating to Assistant Secretaries, Department of Homeland Security, General Counsel, Department of Homeland Security, Officer for Civil Rights and Civil Liberties, Department of Homeland Security, Chief Financial Officer, Department of Homeland Security, Chief Information Officer, Department of Homeland Security, and Inspector General, Department of Homeland Security. Pub. L. 107-287 substituted "(7)" for "(6)" in item relating to Assistant Secretaries, Department of Veterans Affairs. Pub. L. 107-279 struck out item relating to Commissioner, National Center for Education Statistics. Pub. L. 107-189 inserted item relating to Inspector General, Export-Import Bank. Pub. L. 107-171, Sec. 10704(b), substituted "(3)" for "(2)" in item relating to Assistant Secretaries of Agriculture. Pub. L. 107-171, Sec. 6201(d)(1), struck out item relating to Executive Director of the Alternative Agricultural Research and Commercialization Corporation. 2001 - Pub. L. 107-107, Sec. 3141(b), inserted item relating to Principal Deputy Administrator, National Nuclear Security Administration and inserted "Additional" before "Deputy Administrators of the National Nuclear Security Administration". Pub. L. 107-107, Sec. 901(c)(2), which substituted "(8)" for "(9)" in item relating to Assistant Secretaries of Defense, was repealed by Pub. L. 107-314. See 2002 Amendment note above. Pub. L. 107-107, Sec. 901(b), inserted item relating to Deputy Under Secretary of Defense for Personnel and Readiness. 2000 - Pub. L. 106-422 inserted item relating to Inspector General, Tennessee Valley Authority. 1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4720(b)], inserted item relating to Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec. 238(a)(1)], struck out "Commissioner of Customs, Department of the Treasury". Pub. L. 106-65, Sec. 3294(a)(1), substituted "(6)" for "(8)" in item relating to Assistant Secretaries of Energy. Pub. L. 106-65, Sec. 3293(b), inserted item relating to Deputy Administrators of the National Nuclear Security Administration. 1998 - Pub. L. 105-368 struck out item relating to Director of the National Cemetery System. Pub. L. 105-277, Sec. 2305(b)(2), which directed the substitution of "Assistant Secretaries of State (24)" for "Assistant Secretaries of State (20)", was executed by making the substitution for "20 Assistant Secretaries of State" in item relating to Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate, to reflect the probable intent of Congress. Pub. L. 105-277, Sec. 1332(2), struck out item relating to Deputy Director of the United States Information Agency and substituted "Director of the International Broadcasting Bureau." for "Director of the International Broadcasting Bureau, the United States Information Agency." Pub. L. 105-277, Sec. 1314(c), struck out item relating to Inspector General, United States Information Agency. Pub. L. 105-277, Sec. 1224(3), struck out item relating to Assistant Directors, United States Arms Control and Disarmament Agency (4) and substituted "Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State" for "Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency". Pub. L. 105-277, Sec. 101(a) [title X, Sec. 1003], substituted "Assistant Secretaries of Agriculture (2)" for "Assistant Secretaries of Agriculture (3)". Pub. L. 105-261 substituted "(9)" for "(10)" in item relating to Assistant Secretaries of Defense. Pub. L. 105-245 substituted "Director, Office of Science, Department of Energy" for "Director, Office of Energy Research, Department of Energy". 1997 - Pub. L. 105-85, Sec. 3550(b), struck out item relating to Administrator of the Panama Canal Commission. Pub. L. 105-85, Sec. 1073(e)(1), inserted "the" before "Interior" in item relating to Chief Information Officer of Department of the Interior and before "Treasury" in item relating to Chief Information Officer of Department of the Treasury. 1996 - Pub. L. 104-293 inserted items relating to Assistant Directors of Central Intelligence and General Counsel of Central Intelligence Agency. Pub. L. 104-208, Sec. 101(f) [title VI, Sec. 662(c)(1)], inserted item relating to Inspector General, United States Postal Service. Pub. L. 104-208, Sec. 101(e) [title VII, Sec. 709(b)(1)], substituted "Museum and Library Services" for "Museum Services" after "Director of the Institute of". Pub. L. 104-127 inserted item relating to Executive Director of the Alternative Agricultural Research and Commercialization Corporation. Pub. L. 104-106, Sec. 5125(e), inserted items relating to Chief Information Officer of Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, Interior, Justice, Labor, State, Transportation, Treasury, and Veterans Affairs and Chief Information Officer of Environmental Protection Agency, National Aeronautics and Space Administration, Agency for International Development, Federal Emergency Management Agency, General Services Administration, National Science Foundation, Nuclear Regulatory Agency, Office of Personnel Management, and Small Business Administration. Pub. L. 104-106, Sec. 902(b), substituted "(10)" for "(11)" in item relating to Assistant Secretaries of Defense. Pub. L. 104-105 struck out item relating to Members, Board of Directors of the Farm Credit System Insurance Corporation. 1995 - Pub. L. 104-88 substituted "Members, Surface Transportation Board" for "Members, Interstate Commerce Commission". 1994 - Pub. L. 103-354 substituted "(3)" for "(7)" in item relating to Assistant Secretaries of Agriculture and inserted item relating to Administrator, Rural Utilities Service, Department of Agriculture. Pub. L. 103-337 substituted "(11)" for "(10)" in item relating to Assistant Secretaries of Defense. Pub. L. 103-333 inserted item relating to Commissioner of Labor Statistics, Department of Labor. Pub. L. 103-296, Sec. 108(e)(3), inserted item relating to Inspector General, Social Security Administration. Pub. L. 103-296, Sec. 106(a)(7)(B), struck out item relating to Commissioner of Social Security, Department of Health and Human Services. Pub. L. 103-272 substituted "Saint" for "St." in item relating to Administrator of Saint Lawrence Seaway Development Corporation. Pub. L. 103-236, Sec. 708(b), substituted "Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency" for "Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2)". Pub. L. 103-236, Sec. 307(b)(2), inserted item relating to Director of the International Broadcasting Bureau, United States Information Agency. Pub. L. 103-236, Sec. 162(d)(2), directed insertion of item relating to 20 Assistant Secretaries of State and 4 other State Department Officials to be appointed by the President, and struck out "Assistant Secretaries of State (15).", "Legal Adviser of the Department of State.", "Chief of Protocol, Department of State.", "Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.", "Assistant Secretary for International Narcotics Matters, Department of State.", and "Assistant Secretary for South Asian Affairs, Department of State." New item was inserted in lieu of "Assistant Secretaries of State (15)." to reflect the probable intent of Congress. Pub. L. 103-227 inserted item relating to Director of the Office of Educational Technology. 1993 - Pub. L. 103-204 inserted item relating to Inspector General, Federal Deposit Insurance Corporation. Pub. L. 103-171 substituted "(6)" for "(5)" in item relating to Assistant Secretaries of Health and Human Services. Pub. L. 103-160 substituted "(10)" for "(11)" in item relating to Assistant Secretaries of Defense and struck out item relating to Chief Financial Officer, Department of Defense. Pub. L. 103-123 inserted item relating to Commissioner of Customs, Department of the Treasury. 1992 - Pub. L. 102-552 inserted item relating to Members, Board of Directors of the Farm Credit System Insurance Corporation. Pub. L. 102-359 substituted "(10)" for "(6)" in item relating to Assistant Secretaries of Education. Pub. L. 102-325 inserted item relating to Liaison for Community and Junior Colleges, Department of Education. 1991 - Pub. L. 102-190, Sec. 3504(a), inserted item relating to Administrator of the Panama Canal Commission. Pub. L. 102-190, Sec. 903(a)(1), inserted items relating to General Counsels of the Departments of the Army, Navy, and Air Force. Pub. L. 102-190, Sec. 901(b), inserted item relating to Deputy Under Secretary of Defense for Policy. Pub. L. 102-183 inserted item relating to Inspector General of Central Intelligence Agency. Pub. L. 102-180 inserted item relating to Commissioner, Office of Navajo and Hopi Indian Relocation. Pub. L. 102-138 inserted item relating to Assistant Secretary for South Asian Affairs, Department of State. 1990 - Pub. L. 101-576 inserted items relating to Chief Financial Officer of Departments of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, the Treasury, and Veterans Affairs and Chief Financial Officers of Environmental Protection Agency and National Aeronautics and Space Administration. Pub. L. 101-512 inserted item relating to Director of the Institute of Museum Services. Pub. L. 101-509 inserted item relating to Director, Bureau of the Census, Department of Commerce. Pub. L. 101-319 inserted item relating to Chairman, United States Parole Commission. 1989 - Pub. L. 101-189 substituted "(4)" for "(3)" in item relating to Assistant Secretaries of the Air Force. Pub. L. 101-73, Sec. 742(a)(2), substituted "Directors, Federal Housing Finance Board" for "Members, Federal Home Loan Bank Board". Pub. L. 101-73, Sec. 501(b)(2)(A), inserted item relating to Inspector General, Resolution Trust Corporation. 1988 - Pub. L. 100-690, Sec. 7608(e), inserted item relating to Director, United States Marshals Service. Pub. L. 100-690, Sec. 7252(b)(3), inserted item relating to Administrator, Office of Juvenile Justice and Delinquency Prevention. Pub. L. 100-690, Sec. 1007(c)(4), struck out item relating to Deputy Director of Office of Drug Abuse Policy. Pub. L. 100-690, Secs. 1003(a)(4)(C), 1009, temporarily inserted item relating to Associate Director for National Drug Control Policy, Office of National Drug Control Policy. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100-687 inserted item relating to Chairman, Board of Veterans' Appeals. Pub. L. 100-679 struck out items relating to Administrator for Federal Procurement Policy and Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Pub. L. 100-607 inserted item relating to Commissioner of Food and Drugs, Department of Health and Human Services. Pub. L. 100-527 substituted "Inspector General, Department of Veterans Affairs" for "Inspector General, Veterans' Administration" and inserted items relating to Assistant Secretaries, Department of Veterans Affairs (6), General Counsel, Department of Veterans Affairs, and Director of the National Cemetery System. Pub. L. 100-504 inserted items relating to Inspector General for Departments of Commerce, Interior, Justice, and Treasury and for following agencies: Agency for International Development, Environmental Protection Agency, Federal Emergency Management Agency, General Services Administration, National Aeronautics and Space Administration, Nuclear Regulatory Commission, Office of Personnel Management, Railroad Retirement Board, and Small Business Administration. Pub. L. 100-485 substituted "(5)" for "(4)" in item relating to Assistant Secretaries of Health and Human Services. Pub. L. 100-418, Sec. 5112(c)(2), substituted "Director, National Institute of Standards and Technology, Department of Commerce" for "Director, National Bureau of Standards, Department of Commerce". Pub. L. 100-418, Sec. 2301(h), inserted item relating to Assistant Secretary of Commerce and Director General of United States and Foreign Commercial Service. Pub. L. 100-297 inserted item relating to Commissioner, National Center for Education Statistics. 1987 - Pub. L. 100-204 inserted item relating to Ambassadors at Large. 1986 - Pub. L. 99-619 substituted "Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training" for "Assistant Secretaries of Labor (5)". Pub. L. 99-659 substituted "Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration" for "Deputy Administrator, National Oceanic and Atmospheric Administration" and struck out item relating to Associate Administrator, National Oceanic and Atmospheric Administration. Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661, amended section identically, inserting item relating to Director of Defense Research and Engineering. Pub. L. 99-399, Sec. 104(c), substituted "(15)" for "(14)" in item relating to Assistant Secretaries of State. Pub. L. 99-399, Secs. 412(c), 413(e), formerly Sec. 413(a)(5), as renumbered by Pub. L. 100-204, Sec. 134(b), inserted items relating to Inspector General, United States Information Agency, and Inspector General, Department of State. 1985 - Pub. L. 99-93, Sec. 704(a)(2)(A), struck out item relating to Deputy Director of United States Arms Control and Disarmament Agency. Pub. L. 99-93, Sec. 704(a)(2)(B), inserted item relating to Assistant Directors, United States Arms Control and Disarmament Agency (4). Pub. L. 99-93, Sec. 115(b)(1), struck out item relating to Director, Bureau of Intelligence and Research, Department of State. Pub. L. 99-93, Sec. 115(b)(2), substituted "(14)" for "(13)" in item relating to Assistant Secretaries of State. Pub. L. 99-73 inserted item relating to Director, National Bureau of Standards, Department of Commerce. Pub. L. 99-64 substituted "(11)" for "(8)" in item relating to Assistant Secretaries of Commerce. 1984 - Pub. L. 98-594 substituted "(7)" for "(5)" in item relating to Assistant Secretaries of the Treasury. Pub. L. 98-473, Sec. 1701(b), struck out items relating to United States Attorney for Southern District of New York, United States Attorney for District of Columbia, United States Attorney for Northern District of Illinois, and United States Attorney for Central District of California. Pub. L. 98-473, Sec. 609J(b), struck out item relating to Administrator of Law Enforcement Assistance. Pub. L. 98-443 struck out item relating to members of Civil Aeronautics Board. Pub. L. 98-369 inserted item relating to Administrator of Health Care Financing Administration. Pub. L. 98-216 substituted "Assistant Directors of Office of Management and Budget (3)" for "Assistant Directors of the Bureau of the Budget (3)". 1983 - Pub. L. 98-202, Sec. 6(b)(1), inserted item relating to two Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency. Pub. L. 98-202, Sec. 6(b)(2), struck out item relating to Special Representative for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency. Pub. L. 98-164 struck out item relating to Counselor of Department of State. Pub. L. 98-94, Sec. 1212(d)(1), substituted "(11)" for "(7)" in item relating to Assistant Secretaries of Defense. Pub. L. 98-94, Sec. 1212(d)(2), substituted "(5)" for "(4)" in item relating to Assistant Secretaries of the Army. Pub. L. 98-94, Sec. 1212(d)(3), substituted "(4)" for "(3)" in item relating to Assistant Secretaries of the Navy. Pub. L. 98-94, Sec. 1211(b), inserted item relating to Director of Operational Test and Evaluation, Department of Defense. Pub. L. 98-80 inserted items relating to Assistant Administrator for Toxic Substances, Environmental Protection Agency, Assistant Administrator, Office of Solid Waste, Environmental Protection Agency, and eight Assistant Administrators, Environmental Protection Agency. Pub. L. 97-449 substituted "Deputy Federal Highway Administrator" for "Director of Public Roads". 1982 - Pub. L. 97-325 substituted "(7)" for "(6)" in item relating to Assistant Secretaries of Agriculture. Pub. L. 97-252 inserted item relating to Inspector General, Department of Defense. Pub. L. 97-195 substituted "(8)" for "(7)" in item relating to Assistant Secretaries of Commerce. 1981 - Pub. L. 97-98 substituted "(6)" for "(5)" in item relating to Assistant Secretaries of Agriculture. Pub. L. 97-35 struck out item relating to Director, Office of Self-Help Development and Technical Assistance, National Consumer Cooperative Bank. Pub. L. 97-31 substituted "(7)" for "(8)" in item relating to Assistant Secretaries of Commerce. 1980 - Pub. L. 96-511 inserted item relating to Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Pub. L. 96-302 inserted item relating to Chief Counsel for Advocacy, Small Business Administration. 1979 - Pub. L. 96-157 inserted items relating to Administrator of Law Enforcement Assistance, Director of National Institute of Justice, and Director of Bureau of Justice Statistics, and struck out items relating to Deputy Administrator for Policy Development and Deputy Administrator for Administration of Law Enforcement Assistance Administration. Pub. L. 96-88, Sec. 508(g), substituted "Health and Human Services" for "Health, Education, and Welfare" in items relating to General Counsel of Department of Health and Human Services, Commissioner of Social Security, Department of Health and Human Services, and Inspector General, Department of Health and Human Services. Pars. (1) to (128). Pub. L. 96-54 struck out paragraph designations for positions listed herein. Pars. (13) to (16). Pub. L. 96-107 in par. (13), relating to Assistant Secretaries of Defense, substituted "(7)" for "(9)", par. (14), relating to Assistant Secretaries of the Air Force, "(3)" for "(4)", par. (15), relating to Assistant Secretaries of the Army, "(4)" for "(5)", and par. (16), relating to Assistant Secretaries of the Navy, "(3)" for "(4)". Par. (17). Pub. L. 96-88, Sec. 508(e)(1), substituted "(4)" for "(5)" and "Health and Human Services" for "Health, Education, and Welfare" in par. (17) relating to Assistant Secretaries of Health and Human Services. See Codification note above. Par. (19). Pub. L. 96-132 in par. (19), relating to Assistant Attorneys General, increased authorized number from nine to ten. Par. (24). Pub. L. 96-39 inserted "(5)" at end of par. (24) relating to Members, United States International Trade Commission. Pars. (25) to (27). Pub. L. 96-88, Sec. 508(e)(2), added pars. (25) to (27) relating to Assistant Secretaries of Education (6), General Counsel, Department of Education, and Inspector General, Department of Education, respectively. See Codification note above. Par. (91). Pub. L. 96-153 substituted "Federal Emergency Management Agency" for "Department of Housing and Urban Development" in par. (91), relating to Federal Insurance Administrator, Federal Emergency Management Agency. Par. (128). Pub. L. 96-53 added par. (128) relating to Deputy Director, Institute for Scientific and Technological Cooperation. 1978 - Par. (10). Pub. L. 95-426, Sec. 114(b)(2), struck out par. (10) relating to Deputy Under Secretary of State. Par. (66). Pub. L. 95-454, Sec. 202(c)(2), substituted "Merit Systems Protection Board" for "United States Civil Service Commission". Par. (93). Pub. L. 95-630 substituted "Members, National Credit Union Administration Board (2)" for "Administrator of the National Credit Union Administration". Par. (122). Pub. L. 95-452 added par. (122) relating to Inspector General, Department of Health, Education, and Welfare. Pub. L. 95-426, Sec. 115(b)(1), added par. (122) relating to Assistant Secretary for International Narcotics Matters, Department of State. Pub. L. 95-351 added par. (122) relating to President, National Consumer Cooperative Bank. Par. (123). Pub. L. 95-454, Sec. 202(c)(3), added par. (123) relating to Special Counsel of Merit Systems Protection Board. Pub. L. 95-452 added par. (123) relating to Inspector General, Department of Agriculture. Pub. L. 95-351 added par. (123) relating to Director, Office of Self-Help Development and Technical Assistance, National Consumer Cooperative Bank. Par. (124). Pub. L. 95-454, Sec. 703(d), added par. (124) relating to Chairman of Federal Labor Relations Authority. Pub. L. 95-452 added par. (124) relating to Inspector General, Department of Housing and Urban Development. Pars. (125) to (127). Pub. L. 95-452 added pars. (125) to (127) relating to Inspectors General for Department of Labor, Department of Transportation, and Veterans' Administration, respectively. 1977 - Par. (1). Pub. L. 95-105, Sec. 109(d)(1), struck out par. (1) relating to Administrator, Bureau of Security and Consular Affairs, Department of State. Par. (12). Pub. L. 95-173 substituted "(8)" for "(6)" in par. (12) relating to Assistant Secretaries of Commerce. Par. (22). Pub. L. 95-105, Sec. 109(d)(2), substituted "(13)" for "(11)" in par. (22) relating to Assistant Secretaries of State. Par. (50). Pub. L. 95-108 added par. (50) relating to Special Representative for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency. A prior par. (50), relating to General Manager of Atomic Energy Commission, was repealed by Pub. L. 93-438, title III, Sec. 310(3), Oct. 11, 1974, 88 Stat. 1253. Pars. (52), (53). Pub. L. 95-88 struck out par. (52) relating to Inspector General, Foreign Assistance, and par. (53) relating to Deputy Inspector General, Foreign Assistance. Par. (60). Pub. L. 95-91 substituted "Federal Energy Regulatory Commission" for "Federal Power Commission" in par. (60) relating to Members, Federal Energy Regulatory Commission. Par. (102). Pub. L. 95-91 struck out par. (102) relating to Assistant Administrators, Energy Research and Development Administration (6). Pars. (114) to (119). Pub. L. 95-91 added pars. (114) to (119) relating to Assistant Secretaries of Energy (8), General Counsel of Department of Energy, Administrator, Economic Regulatory Administration, Department of Energy, Administrator, Energy Information Administration, Department of Energy, Inspector General, Department of Energy, and Director, Office of Energy Research, Department of Energy, respectively. Pars. (120), (121). Pub. L. 95-164 added pars. (120) and (121) relating to Assistant Secretary of Labor for Mine Safety and Health and Members, Federal Mine Safety and Health Review Commission, respectively. 1976 - Par. (11). Pub. L. 94-561 substituted "(5)" for "(4)" in par. (11) relating to Assistant Secretaries of Agriculture. Par. (96). Pub. L. 94-237 substituted "Deputy Director of the Office of Drug Abuse Policy" for "Deputy Director of the Special Action Office for Drug Abuse Prevention". Par. (108). Pub. L. 94-375 added par. (108) relating to President, Government National Mortgage Association, Department of Housing and Urban Development. Par. (109). Pub. L. 94-461 added par. (109) relating to Deputy Administrator, National Oceanic and Atmospheric Administration. Pub. L. 94-503 added par. (109) relating to Commissioner of Immigration and Naturalization. Par. (110). Pub. L. 94-461 added par. (110) relating to Associate Administrator, National Oceanic and Atmospheric Administration. Pub. L. 94-503 added par. (110) relating to United States Attorney for Northern District of Illinois. Pars. (111) to (113). Pub. L. 94-503 added pars. (111) to (113) relating to United States Attorney for Central District of California, Director, Bureau of Prisons, Department of Justice, and Deputy Administrator for Administration of the Law Enforcement Assistance Administration, respectively. 1975 - Pub. L. 94-82 substituted provisions applying level IV of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title, for provisions applying such level IV to positions for which annual rate of basic pay is $28,750. Par. (24). Pub. L. 93-618 substituted "Members, United States International Trade Commission" for "Chairman of the United States Tariff Commission". Par. (31). Pub. L. 94-123 repealed par. (31) relating to Deputy Chief Medical Director in Department of Medicine and Surgery, Veterans' Administration. Pars. (93) to (107). Pub. L. 94-183 redesignated par. (92) Administrator of the National Credit Union Administration, par. (93) Members, Postal Rate Commission, par. (94) Members, Occupational Safety and Health Review Commission, par. (95) Deputy Director of the Special Action Office for Drug Abuse Prevention, par. (96) Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury), par. (97) Members, Consumer Product Safety Commission, par. (97) Commissioner of Social Security, Department of Health, Education, and Welfare, par. (99) Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State, par. (100) Administrator for Federal Procurement Policy, par. (100) Assistant Administrators, Energy Research and Development Administration, par. (100) Members, Commodity Futures Trading Commission, par. (101) Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission, par. (102) Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission, par. (103) Director of Nuclear Regulatory Research, Nuclear Regulatory Commission, par. (104) Executive Director for Operations, Nuclear Regulatory Commission, as pars. (93) to (107), respectively. 1974 - Par. (50). Pub. L. 93-438 struck out par. (50) relating to General Manager of Atomic Energy Commission. Par. (87). Pub. L. 93-383 increased number of Assistant Secretaries of Housing and Urban Development from 6 to 8. Par. (99). Pub. L. 93-126, Sec. 9(b), as added by Pub. L. 93-312, added par. (99) relating to Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State. Par. (100). Pub. L. 93-463 added par. (100) relating to Members, Commodity Futures Trading Commission. Pub. L. 93-438 added par. (100) relating to Assistant Administrators, Energy Research and Development Administration. Pub. L. 93-400 added par. (100) relating to Administrator for Federal Procurement Policy. Pars. (101) to (104). Pub. L. 93-438 added pars. (101) to (104) relating to Director of Nuclear Reactor Regulation, Director of Nuclear Material Safety and Safeguards, Director of Nuclear Regulatory Research, and Executive Director for Operations, respectively, of Nuclear Regulatory Commission. 1973 - Par. (90). Pub. L. 93-83 substituted "Deputy Administrator for Policy Development of the Law Enforcement Assistance Administration" for "Associate Administrator of Law Enforcement Assistance (2)". 1972 - Par. (10). Pub. L. 92-352 substituted "Secretary of State" for "Secretaries of State (2)". Par. (11). Pub. L. 92-419 substituted "(4)" for "(3)" in par. (11) relating to Assistant Secretaries of Agriculture. Par. (23). Pub. L. 92-302, Sec. 2(c)(1), substituted "(5)" for "(4)" in par. (23) relating to Assistant Secretaries of the Treasury. Par. (72). Pub. L. 92-261 substituted "Members, Equal Employment Opportunity Commission (4)" for "Chairman, Equal Employment Opportunity Commission". Par. (95). Pub. L. 92-255 added par. (95) relating to Deputy Director of Special Action Office for Drug Abuse Prevention. Par. (96). Pub. L. 92-302, Sec. 2(c)(2), added par. (96) relating to Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). Par. (97). Pub. L. 92-603 added par. (97) relating to Commissioner of Social Security, Department of Health, Education, and Welfare. Pub. L. 92-573 added par. (97) relating to Members, Consumer Product Safety Commission (4). 1971 - Par. (13). Pub. L. 92-215 substituted "(9)" for "(8)" in par. (13) relating to Assistant Secretaries of Defense. Par. (18). Pub. L. 92-22 substituted "(6)" for "(5)" in par. (18) relating to Assistant Secretaries of the Interior. Par. (51). Pub. L. 92-181 struck out par. (51) relating to Governor of Farm Credit Administration. Par. (90). Pub. L. 91-644, Sec. 7(1), (2), in amending section 505 of Pub. L. 90-351, struck out par. (90) "Administrator of Law Enforcement Assistance", renumbered as par. (55) of section 5314 of this title, and renumbered par. (126) "Associate Administrator of Law Enforcement Assistance (2)" of section 5316 of this title as par. (90) of this section, respectively. 1970 - Par. (12). Pub. L. 91-477 substituted "(6)" for "(5)" in par. (12) relating to Assistant Secretaries of Commerce. Pub. L. 91- 469 also substituted "(6)" for "(5)" in par. (12). Thus, the correct figure in par. (12) presumably should be seven. See amendment of par. (12) by Pub. L. 95-173 above. Par. (15). Pub. L. 91-611 substituted "(5)" for "(4)" in par. (15) relating to Assistant Secretaries of the Army. Par. (20). Pub. L. 91-596, Sec. 29(b), substituted "(5)" for "(4)" in par. (20) relating to Assistant Secretaries of Labor. Pars. (21), (45). Pub. L. 91-375, Sec. 6(c)(14)(A), struck out pars. (21) and (45) relating to Assistant Postmasters General (6) and General Counsel of Post Office Department, respectively. Par. (92). Pub. L. 91-206 added par. (92) relating to Administrator of National Credit Union Administration. Par. (93). Pub. L. 91-375, Sec. 6(c)(14)(B), added par. (93) relating to Members, Postal Rate Commission (4). Par. (94). Pub. L. 91-596, Sec. 12(c)(2), added par. (94) relating to Members, Occupational Safety and Health Review Commission. 1969 - Par. (13). Pub. L. 91-121 substituted "(8)" for "(7)" in par. (13) relating to Assistant Secretaries of Defense. Par. (92). Pub. L. 91-175 added par. (92) relating to Executive Vice President, Overseas Private Investment Corporation. 1968 - Pars. (14) to (16). Pub. L. 90-623 substituted "(4)" for "(3)" in pars. (14) to (16) relating to Assistant Secretaries of Air Force, Army, and Navy respectively. Par. (87). Pub. L. 90-448, Sec. 1708(b), substituted "(6)" for "(4)" in par. (87) relating to Assistant Secretaries of Housing and Urban Development. Par. (90). Pub. L. 90-351 added par. (90) relating to Administrator of Law Enforcement Assistance. Par. (91). Pub. L. 90-448, Sec. 1105(b), added par. (91) relating to Federal Insurance Administrator, Department of Housing and Urban Development. 1967 - Pub. L. 90-206 increased annual rate of basic pay from $27,000 to $28,750. 1966 - Pub. L. 89-779 added par. (78) relating to Deputy Administrator of Small Business Administration. Pub. L. 89-734 added par. (78) relating to Assistant Secretary for Science, Smithsonian Institution, and par. (79) relating to Assistant Secretary for History and Art, Smithsonian Institution. Pub. L. 89-670 added par. (78) relating to Members, National Transportation Safety Board, par. (79) relating to General Counsel, Department of Transportation, and pars. (80) to (83), and repealed par. (2) which provided for Deputy Administrator of Federal Aviation Agency, subject to the provisions of section 1657 of former Title 49, Transportation. -CHANGE- CHANGE OF NAME "Export-Import Bank of Washington", referred to in items relating to First Vice President and Members, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945, section 635 et seq. of Title 12, Banks and Banking, as provided for in section 1(a) of Pub. L. 90-267, Mar. 13, 1968, 82 Stat. 47. -MISC3- EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110-49, Sec. 12, July 26, 2007, 121 Stat. 260, provided that: "The amendments made by this Act [amending this section, section 301 of Title 31, Money and Finance, and section 2170 of the Appendix to Title 50, War and National Defense] shall apply after the end of the 90-day period beginning on the date of enactment of this Act [July 26, 2007]." EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 942(a) of Pub. L. 109-364 effective Oct. 17, 2006, and applicable with respect to individuals appointed as Deputy Under Secretary of Defense for Logistics and Materiel Readiness on or after that date, see section 942(c) of Pub. L. 109- 364, set out as a note under section 5314 of this title. EFFECTIVE DATE OF 2004 AMENDMENTS For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of Title 50, War and National Defense. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of Title 50, War and National Defense. Amendment by Pub. L. 108-447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108-447 take office or May 18, 2005, see section 604(b) of Pub. L. 108-447, set out as an Appointments; Effective Date; Transition note under section 831a of Title 16, Conservation. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-173 effective Jan. 1, 2004, see section 900(d)(3) of Pub. L. 108-173, set out as a note under section 5314 of this title. EFFECTIVE DATE OF 2002 AMENDMENTS Pub. L. 107-296, title XVII, Sec. 1702(b), Nov. 25, 2002, 116 Stat. 2313, provided that: "Notwithstanding section 4 [enacting provisions set out as a note under section 101 of Title 6, Domestic Security], the amendment made by subsection (a)(5) [amending this section] shall take effect on the date on which the transfer of functions specified under section 441 [enacting section 251 of Title 6] takes effect." Pub. L. 107-189, Sec. 22(e), June 14, 2002, 116 Stat. 708, provided that: "The amendments made by this section [amending this section and sections 9 and 11 of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to this title] shall take effect on October 1, 2002." EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107-107, div. A, title IX, Sec. 901(d), Dec. 28, 2001, 115 Stat. 1194, which provided that amendments made by Pub. L. 107- 107, Sec. 901(c) (amending this section and section 138 of Title 10, Armed Forces), were to take effect on the date on which a person was first appointed as Deputy Under Secretary of Defense for Personnel and Readiness, was repealed by Pub. L. 107-314, div. A, title IX, Sec. 902(d), Dec. 2, 2002, 116 Stat. 2621. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-422 effective 30 days after Nov. 1, 2000, see section 1(d)(1) of Pub. L. 106-422, set out as a note under section 8G of Pub. L. 95-452 [Inspector General Act of 1978] in the Appendix to this title. EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by section 1000(a)(5) [title II, Sec. 238(a)(1)] of Pub. L. 106-113 effective Jan. 1, 2000, see section 1000(a)(5) [title II, Sec. 238(b)] of Pub. L. 106-113, set out as a note under section 5314 of this title. Amendment by section 1000(a)(9) [title IV, Sec. 4720(b)] of Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of Title 35, Patents. Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106-65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1224(3) of Pub. L. 105-277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105-277, set out as an Effective Date note under section 6511 of Title 22, Foreign Relations and Intercourse. Amendment by sections 1314(c) and 1332(2) of Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date note under section 6531 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 5125(e) of Pub. L. 104-106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104-106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 162(d)(2) of Pub. L. 103-236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103- 236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103-236, as amended, set out as a note under section 2651a of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1993 AMENDMENT Section 108(b) of Pub. L. 103-123 provided that: "The amendments made by this section [amending this section and section 5316 of this title] shall take effect on the first applicable pay period after enactment [Oct. 28, 1993]." EFFECTIVE DATE OF 1992 AMENDMENTS Amendment by Pub. L. 102-552 effective Jan. 1, 1996, see section 201(c)(1) of Pub. L. 102-552, set out as an Effective Date of 1992 Amendment; Transitional Provision note under section 2277a-2 of Title 12, Banks and Banking. Section 2(b)(3) of Pub. L. 102-359 provided that: "The amendments made by paragraphs (1) and (2) [amending this section and section 5316 of this title] shall take effect on the first day of the first pay period that begins on or after the date of the enactment of this Act [Aug. 26, 1992]." Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2 of Pub. L. 102-325, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1991 AMENDMENT Section 122(d)(2) of Pub. L. 102-138 provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on October 1, 1991." EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-512 effective Oct. 1, 1990, see section 318 [title IV, Sec. 403(a)] of Pub. L. 101-512, set out as a note under section 951 of Title 20, Education. Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS Amendment by sections 1003(a)(4)(C) and 1007(c)(4) of Pub. L. 100- 690 effective Jan. 21, 1989, and amendment by section 1003(a)(4)(C) of Pub. L. 100-690 repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100-690. Amendment by section 7252(b)(3) of Pub. L. 100-690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100-690, set out as a note under section 5601 of Title 42, The Public Health and Welfare. Section 201(b)(2) of Pub. L. 100-687 provided that: "The amendment made by paragraph (1) [amending this section] shall take effect when the President first appoints an individual as Chairman of the Board of Veterans' Appeals under section 4001(b)(1) [now 7101(b)(1)] of title 38, United States Code (as amended by subsection (a))." Amendment by Pub. L. 100-679 effective Jan. 20, 1989, see section 11(e) of Pub. L. 100-679, set out as a note under section 5312 of this title. Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits. Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 [Inspector General Act of 1978] in the Appendix to this title. Section 603(c) of Pub. L. 100-485 provided that: "The amendments made by this section [amending this section and enacting section 617 of Title 42, The Public Health and Welfare] shall become effective on February 1, 1989." Amendment by Pub. L. 100-297 effective July 1, 1988, but with amendments authorizing appropriations for fiscal year 1988 effective Apr. 28, 1988, see section 6303 of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-204 effective 30 days after Dec. 22, 1987, but not to affect salary of any individual holding rank of Ambassador at Large immediately before Dec. 22, 1987, during the period such individual continues to serve in such position, see section 178(b) of Pub. L. 100-204, set out as a note under section 5313 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-619 applicable to incumbent Assistant Secretary of Labor for Veterans' Employment on Nov. 6, 1986, serving after such date, see section 2(f)(2) of Pub. L. 99-619, set out as a Present Incumbent note under section 553 of Title 29, Labor. EFFECTIVE DATE OF 1985 AMENDMENTS Section 6(c) of Pub. L. 99-73 provided that: "The amendments made by this section [amending this section and section 5316 of this title and section 274 of Title 15, Commerce and Trade] shall be effective October 1, 1985." Amendment by Pub. L. 99-64 effective Oct. 1, 1987, see section 116(d) of Pub. L. 99-64, set out as a note under section 5314 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by section 609J of Pub. L. 98-473 effective Oct. 12, 1984, see section 609AA of Pub. L. 98-473, set out as an Effective Date note under section 3711 of Title 42, The Public Health and Welfare. Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98-443, set out as a note under section 5314 of this title. Amendment by Pub. L. 98-369 applicable to appointments made after July 18, 1984, see section 2332(c) of Pub. L. 98-369, set out as an Effective Date note under section 1317 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 1211(b) of Pub. L. 98-94 effective Nov. 1, 1983, see section 1211(c) of Pub. L. 98-94, set out as an Effective Date note under section 139 of Title 10, Armed Forces. Amendment by section 1212(d) of Pub. L. 98-94 effective Oct. 1, 1983, see section 1212(e) of Pub. L. 98-94, set out as a note under section 138 of Title 10. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-325 effective Oct. 15, 1982, see section 8(e) of Pub. L. 97-325. EFFECTIVE DATE OF 1981 AMENDMENTS Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. Amendment by Pub. L. 97-35 effective on day after Final Government Equity Redemption Date, see section 396(i) of Pub. L. 97- 35, set out as a note under section 3011 of Title 12, Banks and Banking. EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-511 effective Apr. 1, 1981, see section 5 of Pub. L. 96-511, set out as a note under section 2904 of Title 44, Public Printing and Documents. Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section 507 of Pub. L. 96-302, set out as a note under section 631 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section 2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312 of this title. Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse. Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114 of Pub. L. 96-39, set out as an Effective Date note under section 2581 of Title 19, Customs Duties. EFFECTIVE DATE OF 1978 AMENDMENTS Amendment by Pub. L. 95-630 effective on expiration of 120 days after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as a note under section 1752 of Title 12, Banks and Banking. Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95-452 effective Oct. 1, 1978, see section 12 of Pub. L. 95-452 set out in the Appendix to this title. Amendment by section 114(b)(2) of Pub. L. 95-426 effective Oct. 1, 1978, see section 114(c) of Pub. L. 95-426, set out as a note under section 5314 of this title. Section 115(b)(2) of Pub. L. 95-426 provided that: "The amendment made by paragraph (1) of this subsection [amending this section] shall take effect on October 1, 1978." EFFECTIVE DATE OF 1977 AMENDMENTS Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95- 164, set out as a note under section 801 of Title 30, Mineral Lands and Mining. Amendment by Pub. L. 95-88 effective July 1, 1978, see section 124(c) of Pub. L. 95-88, set out as a note under section 2384 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-123 effective Oct. 12, 1975, see section 6(a) of Pub. L. 94-123, set out as a note under section 5314 of this title. EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section 418 of Pub. L. 93-463, set out as a note under section 2 of Title 7, Agriculture. Amendment by Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections 5811-5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93-438, set out as an Effective Date; Interim Appointments note under section 5801 of Title 42. EFFECTIVE DATE OF 1973 AMENDMENT Offices and salaries modified under amendment by Pub. L. 93-83, prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218. EFFECTIVE DATE OF 1972 AMENDMENTS Section 404(c) of Pub. L. 92-603 provided that: "The amendments made by the preceding provisions of this section [amending this section and section 5316 of this title] shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted [Oct. 30, 1972]." Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. REPEALS Pub. L. 93-496, Sec. 16(c), Oct. 28, 1974, 88 Stat. 1533, cited as a credit to this section, was repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444. -TRANS- TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of responsibilities of the Department of Homeland Security Chief Information Officer related to the implementation of the Integrated Wireless Network to the Director for Emergency Communications, see section 571(d)(2) of Title 6, Domestic Security. Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions, vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title. Office of Deputy Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title. ABOLITION OF ONE POSITION OF ASSISTANT ADMINISTRATOR, AGENCY FOR INTERNATIONAL DEVELOPMENT One of the 6 positions of Assistant Administrator, Agency for International Development, provided for in this section, was abolished by Reorg. Plan No. 2 of 1979, Sec. 7, 44 F.R. 41165, 93 Stat. 1378, set out in the Appendix to this title. -MISC4- INSPECTOR GENERAL, UNITED STATES POSTAL SERVICE Section 101(f) [title VI, Sec. 662(c)(1)] of Pub. L. 104-208 provided in part that: "The amendment made by the preceding sentence [amending this section] shall apply notwithstanding section 410 or any other provision of title 39, United States Code." COMPENSATION OF DEPUTY ADMINISTRATOR OF DRUG ENFORCEMENT ADMINISTRATION Section 6153(c) of Pub. L. 100-690 provided that: "The Deputy Administrator of the Drug Enforcement Administration shall receive compensation at the rate now or hereafter prescribed by law for positions of Level IV of the Executive Schedule Pay Rate (5 U.S.C. 5315)." TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE Number of Assistant Secretaries of Defense authorized at level IV of Executive Schedule under this section to be increased by one (to a total of 12) until Jan. 20, 1989, see section 1311 of Pub. L. 100- 180, set out as a note under section 138 of Title 10, Armed Forces. PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92-302, not eligible to an increase in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. ASSOCIATE DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION Position of Associate Director of Federal Bureau of Investigation placed temporarily in level III during incumbency of incumbent on Aug. 14, 1964, by Pub. L. 88-426, Aug. 14, 1964, Sec. 303(c)(46), 78 Stat. 417. SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title. -FOOTNOTE- (!1) So in original. Probably should be followed by a period. (!2) The word "The" probably should not appear. -End- -CITE- 5 USC Sec. 5316 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5316. Positions at level V -STATUTE- Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Administrator, Bonneville Power Administration, Department of the Interior. Administrator of the National Capital Transportation Agency. Associate Administrators of the Small Business Administration (4). Associate Administrators, National Aeronautics and Space Administration (7). Associate Deputy Administrator, National Aeronautics and Space Administration. Deputy Associate Administrator, National Aeronautics and Space Administration. Archivist of the United States. Assistant Secretary of Health and Human Services for Administration. Assistant Attorney General for Administration. Assistant and Science Adviser to the Secretary of the Interior. Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice. Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense. Chairman of the Renegotiation Board. Chairman of the Subversive Activities Control Board. Chief Counsel for the Internal Revenue Service, Department of the Treasury. Commissioner, Federal Acquisition Service, General Services Administration. Director, United States Fish and Wildlife Service, Department of the Interior. Commissioner of Indian Affairs, Department of the Interior. Commissioners, Indian Claims Commission (5). Commissioner, Public Buildings Service, General Services Administration. Commissioner of Reclamation, Department of the Interior. Commissioner of Vocational Rehabilitation, Department of Health and Human Services. Commissioner of Welfare, Department of Health and Human Services. Director, Defense Advanced Research Projects Agency, Department of Defense. Director, Bureau of Mines, Department of the Interior. Director, Geological Survey, Department of the Interior. Deputy Commissioner of Internal Revenue, Department of the Treasury. Deputy General Counsel, Department of Defense. Associate Director of the Federal Mediation and Conciliation Service. Associate Director for Volunteers, Peace Corps. Associate Director for Program Development and Operations, Peace Corps. Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2). Assistant Directors, Office of Emergency Planning (3). Fiscal Assistant Secretary of the Treasury. General Counsel of the Agency for International Development. General Counsel of the Nuclear Regulatory Commission. General Counsel of the National Aeronautics and Space Administration. Manpower Administrator, Department of Labor. Members, Renegotiation Board. Members, Subversive Activities Control Board. Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4). Assistant Administrator of General Services. Director, United States Travel Service, Department of Commerce. Administrator, Wage and Hour and Public Contracts Division, Department of Labor. Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. Deputy Director, National Security Agency. Director, Bureau of Land Management, Department of the Interior. Director, National Park Service, Department of the Interior. National Export Expansion Coordinator, Department of Commerce. Special Assistant to the Secretary of Defense. Staff Director, Commission on Civil Rights. Assistant Secretary for Administration, Department of Transportation. Director, United States National Museum, Smithsonian Institution. Director, Smithsonian Astrophysical Observatory, Smithsonian Institution. Administrator of the Environmental Science Services Administration. Associate Directors of the Office of Personnel Management (5). Assistant Federal Highway Administrator. Deputy Administrator of the National Highway Traffic Safety Administration. Deputy Administrator of the Federal Motor Carrier Safety Administration. Assistant Federal Motor Carrier Safety Administrator. Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice. Vice Presidents, Overseas Private Investment Corporation (3). Deputy Administrator, Federal Transit Administration, Department of Transportation. General Counsel of the Equal Employment Opportunity Commission. Executive Director, Advisory Council on Historic Preservation. Additional Officers, Department of Energy (14). Additional officers, Nuclear Regulatory Commission (5). Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration. Assistant Administrators (3), National Oceanic and Atmospheric Administration. General Counsel, National Oceanic and Atmospheric Administration. Members, Federal Labor Relations Authority (2) and its General Counsel. Additional officers, Institute for Scientific and Technological Cooperation (2). Additional officers, Office of Management and Budget (6). Associate Deputy Secretary, Department of Transportation. Chief Scientist, National Oceanic and Atmospheric Administration. Director, Indian Health Service, Department of Health and Human Services. Commissioners, United States Parole Commission (8). Commissioner, Administration on Children, Youth, and Families. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 463; Pub. L. 89-670, Sec. 10(d)(5), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 89-734, Sec. 1(2), Nov. 2, 1966, 80 Stat. 1163; Pub. L. 89-779, Sec. 8(c)(2), Nov. 6, 1966, 80 Stat. 1364; Pub. L. 90-9, Sec. 6, Apr. 10, 1967, 81 Stat. 12; Pub. L. 90-83, Sec. 1(16), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, title II, Sec. 215(c), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-351, title I, Sec. 506, June 19, 1968, 82 Stat. 205; Pub. L. 90-407, Sec. 15(a)(3), July 18, 1968, 82 Stat. 367; Pub. L. 90-623, Sec. 1(4), (5), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-175, pt. V, Sec. 503(3), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91-375, Sec. 6(c)(15), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-453, Sec. 12, Oct. 15, 1970, 84 Stat. 968; Pub. L. 91-644, title I, Sec. 7(2), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 92-22, Sec. 3, June 1, 1971, 85 Stat. 76; Pub. L. 92-255, title II, Sec. 212(c), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-261, Sec. 9(c), (d), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302, Sec. 2(d), May 18, 1972, 86 Stat. 149; Pub. L. 92-603, title IV, Sec. 404(a), Oct. 30, 1972, 86 Stat. 1488; Pub. L. 93-43, Sec. 2(c), June 18, 1973, 87 Stat. 78; Pub. L. 93-74, Sec. 8, July 23, 1973, 87 Stat. 175; Pub. L. 90-351, title I, Sec. 506(b), as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93-271, Sec. 2, Apr. 22, 1974, 88 Stat. 92; Pub. L. 93-126, Sec. 9(c), as added Pub. L. 93-312, Sec. 9, June 8, 1974, 88 Stat. 238; Pub. L. 93-383, title VIII, Sec. 818(b), Aug. 22, 1974, 88 Stat. 740; Pub. L. 93-438, title III, Sec. 310(4), Oct. 11, 1974, 88 Stat. 1253; Pub. L. 93-463, title I, Sec. 102(c), Oct. 23, 1974, 88 Stat. 1392; Pub. L. 93-618, title I, Sec. 172(c)(3), Jan. 3, 1975, 88 Stat. 2010; Pub. L. 94-82, title II, Sec. 202(b)(5), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94-183, Sec. 2(19), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 94-237, Sec. 4(c)(6), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-307, Sec. 7, June 4, 1976, 90 Stat. 681; Pub. L. 94-370, Sec. 15(b), July 26, 1976, 90 Stat. 1032; Pub. L. 94-422, title II, Sec. 202, Sept. 28, 1976, 90 Stat. 1323; Pub. L. 94-503, title II, Sec. 202(c), Oct. 15, 1976, 90 Stat. 2427; Pub. L. 94-561, Sec. 3(b), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 94-582, Sec. 26, Oct. 21, 1976, 90 Stat. 2889; Pub. L. 95-89, title II, Sec. 209, Aug. 4, 1977, 91 Stat. 558; Pub. L. 95-91, title VII, Sec. 710(g), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-115, Sec. 3(a)(6), Oct. 3, 1977, 91 Stat. 1049; Pub. L. 95-219, Sec. 3(b), Dec. 28, 1977, 91 Stat. 1614; Pub. L. 95-452, Sec. 10(b), Oct. 12, 1978, 92 Stat. 1108; Pub. L. 95-454, title II, Secs. 201(b)(3), 202(c)(4), title VII, Sec. 703(e), Oct. 13, 1978, 92 Stat. 1121, 1131, 1217; Pub. L. 95-521, title IV, Sec. 406, Oct. 26, 1978, 92 Stat. 1864; Pub. L. 96-53, title IV, Sec. 412(c), Aug. 14, 1979, 93 Stat. 377; Pub. L. 96-54, Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-70, title III, Sec. 3302(e)(11), Sept. 27, 1979, 93 Stat. 499; Pub. L. 96-88, title V, Sec. 508(f), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 96-107, title VIII, Sec. 820(e)(2), Nov. 9, 1979, 93 Stat. 819; Pub. L. 96-209, title I, Sec. 109, Mar. 14, 1980, 94 Stat. 97; Pub. L. 96-466, title V, Sec. 504(d), Oct. 17, 1980, 94 Stat. 2203; Pub. L. 97-31, Sec. 12(1)(C), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97-113, title VII, Sec. 705(b)(3), Dec. 29, 1981, 95 Stat. 1545; Pub. L. 97-258, Sec. 2(a), Sept. 13, 1982, 96 Stat. 1052; Pub. L. 97-325, Sec. 8(c), Oct. 15, 1982, 96 Stat. 1605; Pub. L. 97-449, Sec. 3(4), (5), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 98-557, Sec. 26(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99-73, Sec. 6(b)(2), July 29, 1985, 99 Stat. 173; Pub. L. 99-93, title VII, Sec. 704(a)(3), Aug. 16, 1985, 99 Stat. 446; Pub. L. 99-145, title XII, Sec. 1204(c), Nov. 8, 1985, 99 Stat. 721; Pub. L. 99-383, Sec. 7(b)(2), Aug. 21, 1986, 100 Stat. 814; Pub. L. 99-619, Sec. 2(c)(2), (d), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 99-659, title IV, Sec. 407(e)(3), Nov. 14, 1986, 100 Stat. 3740; Pub. L. 100-180, div. A, title XII, Sec. 1245(c), Dec. 4, 1987, 101 Stat. 1165; Pub. L. 100-504, title I, Sec. 103(b), Oct. 18, 1988, 102 Stat. 2522; Pub. L. 100-527, Sec. 13(g), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-598, Sec. 8, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 100-607, title V, Sec. 503(b)(1), Nov. 4, 1988, 102 Stat. 3121; Pub. L. 100-690, title VII, Sec. 7252(b)(4), Nov. 18, 1988, 102 Stat. 4436; Pub. L. 100-713, title VI, Sec. 601(d), Nov. 23, 1988, 102 Stat. 4826; Pub. L. 101-319, Secs. 3(b), 4, July 3, 1990, 104 Stat. 290, 291; Pub. L. 101-501, title IX, Sec. 915(b)(1)(B), Nov. 3, 1990, 104 Stat. 1263; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 113(1)], Nov. 5, 1990, 104 Stat. 1427, 1455; Pub. L. 102-190, div. A, title IX, Sec. 903(a)(2), div. C, title XXXV, Sec. 3504(b), Dec. 5, 1991, 105 Stat. 1451, 1586; Pub. L. 102-240, title III, Sec. 3004(d)(2), title VI, Sec. 6006(d), Dec. 18, 1991, 105 Stat. 2088, 2174; Pub. L. 102-359, Sec. 2(b)(2), Aug. 26, 1992, 106 Stat. 962; Pub. L. 103-123, title I, Sec. 108(a)(1), Oct. 28, 1993, 107 Stat. 1234; Pub. L. 103-333, title I, Sec. 106, Sept. 30, 1994, 108 Stat. 2549; Pub. L. 103-354, title II, Sec. 294, Oct. 13, 1994, 108 Stat. 3237; Pub. L. 104-106, div. A, title IX, Sec. 904(b)(2), Feb. 10, 1996, 110 Stat. 403; Pub. L. 104-201, div. A, title X, Sec. 1073(e)(1)(A), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 105-85, div. A, title X, Sec. 1073(e)(2), Nov. 18, 1997, 111 Stat. 1906; Pub. L. 105-277, div. G, subdiv. A, title XII, Sec. 1224(4), title XIII, Sec. 1332(3), Oct. 21, 1998, 112 Stat. 2681-772, 2681-785; Pub. L. 105-393, title I, Sec. 103, Nov. 13, 1998, 112 Stat. 3617; Pub. L. 106-44, Sec. 2(b), Aug. 5, 1999, 113 Stat. 223; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 106-159, title I, Sec. 101(d)(2), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 107-171, title X, Sec. 10702(c)(2), May 13, 2002, 116 Stat. 517; Pub. L. 108-426, Sec. 3(c), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109-313, Sec. 2(b), Oct. 6, 2006, 120 Stat. 1734.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- (1)-(99) 5 U.S.C. 2211(e). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(e), 78 Stat. 419. (100)-(116) 5 U.S.C. 2211(g). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(g), 78 Stat. 422. -------------------------------------------------------------------- Paragraphs (100)-(116) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (100)-(116) in Level V. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT -------------------------------------------------------------------- Section of Source (U.S. Code) Source (Statutes at Large) title 5 -------------------------------------------------------------------- 5316(60) 5 App.: 2211(e)(60). July 5, 1966, Pub. L. 89-492, Sec. 4(1), 80 Stat. 262. 5316(94) 5 App.: 2211(e)(94). Sept. 9, 1965, Pub. L. 89-174, Sec. 5(b)(as applicable to Sec. 303(e)(94) of the Federal Executive Salary Act of 1964), 79 Stat. 669. 5316(95) 5 App.: 2211(e)(95). Aug. 9, 1965, Pub. L. 89-115, Sec. 4(c)(words after semicolon), 79 Stat. 449. 5316(120) 5 App.: 2211(e)(100). Aug. 26, 1965, Pub. L. 89-136, Sec. 601(c), 79 Stat. 570. 5316(121) [Uncodified]. 1965 Reorg. Plan No. 2, Sec. 4(a)(2d sentence, less 1st 18 words), eff. July 13, 1965, 79 Stat. 1318. 5316(122) 42:3533(b) (last 29 Sept. 9, 1965, Pub. L. words). 89-174, Sec. 4(b)(last 29 words), 79 Stat. 668. 5316(123) 5 App.: 2211(e)(101). July 5, 1966, Pub. L. 89-492, Sec. 4(2), 80 Stat. 262. 5316(124) 49: 1652(f)(2) (last Oct. 15, 1966, Pub. L. 15 words in 2d 89-670, Sec. 3(f)(2)(last sentence). 15 words in 2d sentence), 80 Stat. 932. 5316(125) 49: 1652(f)(1) (last Oct. 15, 1966, Pub. L. 15 words in 2d 89-670, Sec. 3(f)(1)(last sentence). 15 words in 2d sentence), 80 Stat. 932. -------------------------------------------------------------------- The deletion of paragraphs (22), (38), and (83) of 5 U.S.C. 5316 reflects (1) the termination, effective June 30, 1965, of the position of "Area Redevelopment Administrator, Department of Commerce" pursuant to Public Law 87-27 (sec. 29, 75 Stat. 63; 42 U.S.C. 2525); (2) the abolition of the position of "Chief, Weather Bureau, Department of Commerce" by 1965 Reorganization Plan No. 2 (sec. 2(a), 79 Stat. 1318); and (3) the abolition of the position of "General Counsel of the Housing and Home Finance Agency" by Public Law 89-174 (sec. 5(a), 9(c), 79 Stat. 669, 671). The redesignation of paragraphs (117) and (118) as paragraphs "(118)" and "(119)", respectively, eliminates duplicate paragraph numbering effected by section 10(d)(5) of Public Law 89-670 and section 1(2) of Public Law 89-734. -COD- CODIFICATION The paragraph designations for the positions added by Pub. L. 96- 88 have been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96-54. -MISC2- AMENDMENTS 2006 - Pub. L. 109-313 substituted "Commissioner, Federal Acquisition Service, General Services Administration" for "Commissioner, Federal Supply Service, General Services Administration". 2004 - Pub. L. 108-426 struck out item relating to Director, Bureau of Transportation Statistics. 2002 - Pub. L. 107-171 struck out items relating to General Counsel, Commodity Futures Trading Commission and Executive Director, Commodity Futures Trading Commission. 1999 - Pub. L. 106-159 inserted items relating to Deputy Administrator of the Federal Motor Carrier Safety Administration and Assistant Federal Motor Carrier Safety Administrator. Pub. L. 106-113 which directed amendment of this section by striking out items relating to Commissioner of Patents, Department of Commerce, Deputy Commissioner of Patents and Trademarks, Assistant Commissioner for Patents, and Assistant Commissioner for Trademarks, was executed by striking out items relating to Deputy Commissioner of Patents and Trademarks, Assistant Commissioner for Patents, and Assistant Commissioner for Trademarks to reflect the probable intent of Congress and the intervening amendment by Pub. L. 106-44, Sec. 2(b), which struck out item relating to Commissioner of Patents, Department of Commerce. See below. Pub. L. 106-44 struck out item relating to Commissioner of Patents, Department of Commerce. 1998 - Pub. L. 105-393 struck out item relating to Administrator for Economic Development. Pub. L. 105-277, Sec. 1332(3), struck out items relating to Deputy Director, Policy and Plans, United States Information Agency, and Associate Director (Policy and Plans), United States Information Agency. Pub. L. 105-277, Sec. 1224(4), struck out item relating to General Counsel of the United States Arms Control and Disarmament Agency. 1997 - Pub. L. 105-85 substituted "Nuclear and Chemical and Biological Defense Programs" for "Atomic Energy". 1996 - Pub. L. 104-201 inserted "Defense" before "Advanced Research Projects Agency". Pub. L. 104-106, which directed amendment of section by substituting "Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense." for "The Assistant to the Secretary of Defense for Atomic Energy, Department of Defense.", could not be executed because the words to be substituted for did not appear. 1994 - Pub. L. 103-354 struck out following items relating to Department of Agriculture: Administrator, Agricultural Marketing Service, Administrator, Agricultural Research Service, Administrator, Agricultural Stabilization and Conservation Service, Administrator, Farmers Home Administration, Administrator, Foreign Agricultural Service, Administrator, Rural Electrification Administration, Administrator, Soil Conservation Service, Chief Forester of the Forest Service, Director of Science and Education, Administrator, Animal and Plant Health Inspection Service, and Administrator, Federal Grain Inspection Service. Pub. L. 103-333 struck out item relating to Commissioner of Labor Statistics, Department of Labor. 1993 - Pub. L. 103-123 struck out item relating to Commissioner of Customs, Department of the Treasury. 1992 - Pub. L. 102-359 struck out item relating to Additional Officers, Department of Education. 1991 - Pub. L. 102-240, Sec. 6006(d), inserted item relating to Director, Bureau of Transportation Statistics. Pub. L. 102-240, Sec. 3004(d)(2), substituted "Deputy Administrator, Federal Transit Administration" for "Deputy Administrator, Urban Mass Transportation Administration". Pub. L. 102-190, Sec. 3504(b), struck out item relating to Administrator of the Panama Canal Commission. Pub. L. 102-190, Sec. 903(a)(2), struck out items relating to General Counsels of the Departments of the Air Force, Army, and Navy. 1990 - Pub. L. 101-509 struck out item relating to Director, Bureau of the Census, Department of Commerce. Pub. L. 101-501 inserted item relating to Commissioner, Administration on Children, Youth, and Families. Pub. L. 101-319, Sec. 4, inserted items relating to Deputy Commissioner of Patents and Trademarks, Assistant Commissioner for Patents, and Assistant Commissioner for Trademarks. Pub. L. 101-319, Sec. 3(b), inserted item relating to Commissioners, United States Parole Commission. 1988 - Pub. L. 100-713 inserted item relating to Director, Indian Health Service, Department of Health and Human Services. Pub. L. 100-690 struck out item relating to Associate Administrator, Office of Juvenile Justice and Delinquency Prevention of Law Enforcement Assistance Administration. Pub. L. 100-607 struck out item relating to Commissioner of Food and Drugs, Department of Health and Human Services. Pub. L. 100-598 struck out item relating to Director of Office of Government Ethics. Pub. L. 100-527 struck out items relating to Associate Deputy Administrator of Veterans' Affairs, Chief Benefits Director, Veterans' Administration, General Counsel of the Veterans' Administration, and Director, National Cemetery System, Veterans' Administration. Pub. L. 100-504 struck out items relating to Inspectors General for Departments of Commerce and Interior and for Agency for International Development, Community Services Administration, Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, and Small Business Administration and relating to Deputy Inspectors General for Departments of Energy and Health and Human Services. 1987 - Pub. L. 100-180 substituted "Assistant to the Secretary of Defense for Atomic Energy, Department of Defense" for "Chairman of the Military Liaison Committee to the Atomic Energy Commission, Department of Defense". 1986 - Pub. L. 99-659 inserted item relating to Chief Scientist, National Oceanic and Atmospheric Administration. Pub. L. 99-619, Sec. 2(c)(2), struck out item relating to Assistant Secretary of Labor for Administration. Pub. L. 99-619, Sec. 2(d), struck out item relating to Assistant Secretary of Labor for Veterans' Employment. Pub. L. 99-383 struck out item relating to Assistant Directors, National Science Foundation (4). 1985 - Pub. L. 99-145 struck out item relating to Administrator of Education for Overseas Dependents, Department of Education. Pub. L. 99-93 struck out item relating to Assistant Directors, United States Arms Control and Disarmament Agency (4). Pub. L. 99-73 struck out item relating to Director, National Bureau of Standards, Department of Commerce. 1984 - Pub. L. 98-557 inserted item relating to Associate Deputy Secretary, Department of Transportation. 1983 - Pub. L. 97-449, Sec. 3(4), substituted "Assistant Federal Highway Administrator" for "Director, National Highway Safety Bureau". Pub. L. 97-449, Sec. 3(5), substituted "Deputy Administrator of the National Highway Traffic Safety Administration" for "Director, National Traffic Safety Bureau". 1982 - Pub. L. 97-325 struck out item relating to Assistant Secretary of Agriculture for Administration. Pub. L. 97-258 inserted item relating to Additional officers, Office of Management and Budget (6). 1981 - Pub. L. 97-113 substituted "Inspector General, Agency for International Development" for "Auditor General of the Agency for International Development". Pub. L. 97-31 purported to strike out "Maritime Administration, Department of Commerce" which was executed by striking out "Maritime Administrator, Department of Commerce." as the probable intent of Congress. 1980 - Pub. L. 96-466 inserted item relating to Assistant Secretary of Labor for Veterans' Employment. Pub. L. 96-209, Sec. 109(1), which provided for striking out par. (31) and inserting in lieu thereof "(31) Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice." was executed by striking out the item relating to the Chairman, Foreign Claims Settlement Commission of the United States which was designated par. (31) prior to amendment of this section by Pub. L. 96-54 and inserting the item relating to the Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice. See 1979 Amendment note below. Pub. L. 96-209, Sec. 109(2), which provided for striking out par. (90) was executed by striking out item relating to Members, Foreign Claims Settlement Commission of United States which was designated par. (90) prior to amendment of this section by Pub. L. 96-54. See 1979 Amendment note below. 1979 - Pub. L. 96-88, Sec. 508(f)(1), which provided for striking out par. (41) was executed by striking out item relating to Commissioner of Education, Department of Health, Education, and Welfare which was designated par. (41) prior to amendment of this section by Pub. L. 96-54. See 1979 Amendment note below. Pub. L. 96-88, Sec. 508(g), substituted "Health and Human Services" for "Health, Education, and Welfare" in items relating to the Assistant Secretary of Health and Human Services for Administration, the Commissioner of Food and Drugs, the Commissioner of Vocational Rehabilitation, the Commissioner of Welfare, and the Deputy Inspector General of the Department of Health and Human Services. Pars. (1) to (152). Pub. L. 96-54 struck out paragraph designations for positions listed herein. Pars. (37), (38). Pub. L. 96-88, Sec. 508(f)(2), added pars. (37) and (38) relating to additional officers and Administrator of Education for Overseas Dependents in Department of Education, respectively. See Codification note set out above. Par. (87). Pub. L. 96-70 substituted "Administrator of the Panama Canal Commission" for "Governor of the Canal Zone". Par. (96). Pub. L. 96-107 substituted "Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense" for "Deputy Directors of Defense Research and Engineering, Department of Defense". Par. (152). Pub. L. 96-53 added par. (152) relating to two additional officers in Institute for Scientific and Technological Cooperation. 1978 - Par. (99). Pub. L. 95-454, Sec. 202(c)(4), struck out par. (99) relating to Executive Director of United States Civil Service Commission. Par. (122). Pub. L. 95-454, Sec. 201(b)(3), added par. (122) relating to five Associate Directors of Office of Personnel Management. Par. (144). Pub. L. 95-452, Sec. 10(b), added par. (144) relating to Deputy Inspector General, Department of Health, Education, and Welfare. Par. (145). Pub. L. 95-454, Sec. 703(e), added par. (145) relating to Members and General Counsel of Federal Labor Relations Authority. Pub. L. 95-452 added par. (145) relating to Inspector General, Department of Commerce. Par. (146). Pub. L. 95-521 added par. (146) relating to Director of Office of Government Ethics. Pub. L. 95-452 added par. (146) relating to Inspector General, Department of the Interior. Pars. (147) to (151). Pub. L. 95-452 added pars. (147) to (151) relating to Inspector General, Community Services Administration, Inspector General, Environmental Protection Agency, Inspector General, General Services Administration, Inspector General, National Aeronautics and Space Administration, and Inspector General, Small Business Administration, respectively. 1977 - Par. (11). Pub. L. 95-89 substituted "(4)" for "(3)" in par. (11) relating to Associate Administrators of the Small Business Administration. Par. (135). Pub. L. 95-91 substituted "Deputy Inspector General, Department of Energy" for "General Counsel, Energy Research and Development Administration", covered in section 5315 by item relating to General Counsel of the Department of Energy. Par. (136). Pub. L. 95-91 substituted "Department of Energy (14)" for "Energy Research and Development Administration (8)". Par. (140). Pub. L. 95-219 substituted "Assistant" for "Associate", relating to Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. Par. (141). Pub. L. 95-219 added par. (141) relating to Assistant Administrator for Fisheries. Pub. L. 95-115 added par. (141) relating to Associate Administrator Office of Juvenile Justice and Delinquency Prevention. Pars. (142), (143). Pub. L. 95-219 added pars. (142) and (143) relating to three Assistant Administrators, National Oceanic and Atmospheric Administration and General Counsel, National Oceanic and Atmospheric Administration, respectively. 1976 - Par. (15). Pub. L. 94-307 substituted "(7)" for "(6)" in par. (15) relating to Associate Administrators, National Aeronautics and Space Administration. Par. (44). Pub. L. 94-503 struck out par. (44) relating to Commissioner of Immigration and Naturalization, Department of Justice. Par. (55). Pub. L. 94-561, Sec. 3(b)(1), struck out par. (55) relating to Director of Agricultural Economics, Department of Agriculture. Par. (58). Pub. L. 94-503 struck out par. (58) relating to Director, Bureau of Prisons, Department of Justice. Pars. (115), (116). Pub. L. 94-503 struck out par. (115) relating to United States Attorney for Northern District of Illinois, and par. (116) relating to United States Attorney for Southern District of California. Par. (131). Pub. L. 94-237 struck out par. (131) relating to Assistant Directors, Special Action Office for Drug Abuse Prevention (6). Par. (134). Pub. L. 94-503 struck out par. (134) relating to Deputy Administrator for Administration of Law Enforcement Assistance Administration. Par. (135). Pub. L. 94-422 added par. (135) relating to Executive Director, Advisory Council on Historic Preservation. Par. (137). Pub. L. 94-582 added par. (137) relating to Administrator, Federal Grain Inspection Service, Department of Agriculture. Pub. L. 94-561 added par. (137) relating to Administrator, Animal and Plant Health Inspection Service, Department of Agriculture. Par. (140). Pub. L. 94-370 added par. (140) relating to Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. 1975 - Pub. L. 94-82 substituted provisions applying level V of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title, for provisions applying such level V to positions for which annual rate of basic pay is $28,000. Par. (93). Pub. L. 93-613 struck out par. (93) relating to Members, United States Tariff Commission. Pars. (134) to (139). Pub. L. 94-183 redesignated par. (133), Deputy Administrator for Administration of the Law Enforcement Assistance Administration, par. (134), General Counsel, Energy Research and Development Administration, par. (135), Additional officers, Energy Research and Development Administration (8), par. (135), General Counsel, Commodity Futures Trading Commission, par. (136), Additional officers, Nuclear Regulatory Commission (5), and par. (136), Executive Director, Commodity Futures Trading Commission, as pars. (134) to (139), respectively. 1974 - Par. (29). Pub. L. 93-438 struck out par. (29) relating to Assistant General Manager, Atomic Energy Commission. Par. (42). Pub. L. 93-271, Sec. 2, substituted "Director, United States Fish and Wildlife" for "Commissioner of Fish and Wildlife". Par. (62). Pub. L. 93-438 struck out par. (62) relating to Director of Regulation, Atomic Energy Commission. See section 5315 of this title. Par. (69). Pub. L. 93-438 struck out par. (69) relating to Deputy General Manager, Atomic Energy Commission. Par. (81). Pub. L. 93-438 substituted "General Counsel of the Nuclear Regulatory Commission" for "General Counsel of the Atomic Energy Commission". Par. (102). Pub. L. 93-438 struck out par. (102) relating to Assistant General Managers, Atomic Energy Commission (2). Par. (109). Pub. L. 93-126, Sec. 9(c), as added by Pub. L. 93- 312, repealed par. (109) relating to Director of International Scientific Affairs, Department of State. Par. (122). Pub. L. 93-383 struck out par. (122) relating to Assistant Secretary of Housing and Urban Development for Administration. Par. (134). Pub. L. 93-438 added par. (134) relating to General Counsel, Energy Research and Development Administration. Pars. (135), (136), Pub. L. 93-463 added pars. (135) and (136) relating, respectively, to General Counsel, Commodity Futures Trading Commission, and Executive Director, Commodity Futures Trading Commission. Pub. L. 93-438 added pars. (135) and (136) relating, respectively, to additional officers, Nuclear Regulatory Commission, and additional officers, Energy Research and Development Administration. 1973 - Pars. (15) to (17). Pub. L. 93-74 added par. (15), Associate Administrators, National Aeronautics and Space Administration (6), and repealed provisions of former pars. (15) for an Associate Administrator for Advanced Research and Technology, (16) for Associate Administrator for Space Science and Applications, and (17) for Associate Administrator for Manned Space Flight, National Aeronautics and Space Administration. Pars. (131) to (133). Pub. L. 93-43 redesignated par. (131) relating to General Counsel of the Equal Employment Opportunity Commission as par. (132), and added par. (133) relating to Director, National Cemetery System. Par. (133). Pub. L. 93-83 added par. (133) relating to Deputy Administrator for Administration of the Law Enforcement Assistance Administration. 1972 - Pars. (28), (64). Pub. L. 92-302 struck out pars. (28) and (64) relating to an Assistant Secretary of the Treasury for Administration and a Deputy Under Secretary for Monetary Affairs, Department of the Treasury, respectively. Par. (51). Pub. L. 92-603 struck out par. (51) relating to Commissioner of Social Security, Department of Health, Education, and Welfare. See section 5315 of this title. Par. (111). Pub. L. 92-261, Sec. 9(c), struck out par. (111) relating to Members, Equal Employment Opportunity Commission (4). See section 5315 of this title. Par. (131). Pub. L. 92-261, Sec. 9(d), added par. (131) relating to General Counsel of the Equal Employment Opportunity Commission. Pub. L. 92-255 added par. (131) relating to Assistant Directors, Special Action Office for Drug Abuse Prevention. 1971 - Par. (25). Pub. L. 92-22 struck out position of Assistant Secretary of the Interior for Administration. See section 1453a of Title 43 and section 5315 of this title. Par. (126). Pub. L. 91-644 struck out par. (126) relating to Associate Administrator of Law Enforcement Assistance (2). See section 5315 of this title. 1970 - Pars. (37), (60), (123). Pub. L. 91-375 struck out pars. (37), (60), and (123) relating to Chief Postal Inspector; Director, Research and Development; and Director, Construction Engineering, respectively. Par. (130). Pub. L. 91-453 added par. (130) relating to Deputy Administrator, Urban Mass Transportation Administration, Department of Transportation. 1969 - Pars. (128), (129). Pub. L. 91-175 added pars. (128) and (129) relating to Auditor-General of the Agency for International Development, and Vice Presidents, Overseas Private Investment Corporation (3), respectively. 1968 - Par. (66). Pub. L. 90-407 substituted "Assistant Directors, National Science Foundation (4)" for "Deputy Director, National Science Foundation". Par. (126). Pub. L. 90-623, Sec. 1(4), inserted "(2)" at end of par. (126) relating to Associate Administrator of Law Enforcement Assistance. Pub. L. 90-351 added par. (126) relating to Associate Administrator of Law Enforcement Assistance. Par. (127). Pub. L. 90-623, Sec. 1(5), added par. (127) relating to Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice. 1967 - Pub. L. 90-206 increased annual rate of basic pay from $26,000 to $28,000. Pars. (46), (47). Pub. L. 90-9 struck out par. (46) relating to Chief Commissioner, Indian Claims Commission, and substituted "Commissioners, Indian Claims Commission (5)" for "Associate Commissioners, Indian Claims Commission (2)" in par. (47). 1966 - Pub. L. 89-779 substituted "Associate Administrators of the Small Business Administration (3)" for "Deputy Administrators of the Small Business Administration (4)" in par. (11). Pub. L. 89-734 added par. (117) relating to Director, United States National Museum, Smithsonian Institution, and par. (118). Pub. L. 89-670 added par. (117) relating to Assistant Secretary for Administration, Department of Transportation, and struck out pars. (10) Administrator of the Saint Lawrence Seaway Development Corporation, (12) Associate Administrator for Administration, Federal Aviation Agency, (13) Associate Administrator for Development, Federal Aviation Agency, (14) Associate Administrator for Programs, Federal Aviation Agency, (76) Federal Highway Administrator, Department of Commerce, and (82) General Counsel of the Federal Aviation Agency, subject to the provisions of section 1657 of former Title 49, Transportation. -CHANGE- CHANGE OF NAME Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of Pub. L. 102-285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. Geological Survey redesignated United States Geological Survey by provision of title I of Pub. L. 102-154, set out as a note under section 31 of Title 43, Public Lands. -MISC3- EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-313, Sec. 6, Oct. 6, 2006, 120 Stat. 1738, provided that: "This Act [see Short Title of 2006 Amendment note set out under section 101 of Title 40, Public Buildings, Property, and Works] and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act [Oct. 6, 2006]." EFFECTIVE DATE OF 1999 AMENDMENTS Amendment by Pub. L. 106-159 effective Jan. 1, 2000, see section 107(a) of Pub. L. 106-159, set out as a note under section 104 of Title 49, Transportation. Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106- 113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1998 AMENDMENTS Amendment by Pub. L. 105-393 effective on date determined by Secretary of Commerce, but not later than 90 days after Nov. 13, 1998, see section 105 of Pub. L. 105-393, set out as an Effective Date note under section 3121 of Title 42, The Public Health and Welfare. Amendment by section 1224(4) of Pub. L. 105-277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105-277, set out as an Effective Date note under section 6511 of Title 22, Foreign Relations and Intercourse. Amendment by section 1332(3) of Pub. L. 105-277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105-277, set out as an Effective Date note under section 6531 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-123 effective on first applicable pay period after Oct. 28, 1993, see section 108(b) of Pub. L. 103-123, set out as a note under section 5315 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-359 effective on first day of first pay period that begins on or after Aug. 26, 1992, see section 2(b)(3) of Pub. L. 102-359, set out as a note under section 5315 of this title. EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-501, set out as a note under section 8621 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100-690, set out as a note under section 5601 of Title 42, The Public Health and Welfare. Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans' Benefits. Amendment by Pub. L. 100-504 effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100-504, set out as a note under section 5 of Pub. L. 95-452 [Inspector General Act of 1978] in the Appendix to this title. EFFECTIVE DATE OF 1986 AMENDMENT Section 2(e) of Pub. L. 99-619 provided that: "Subsection (c) of this section [amending this section and Reorg. Plan No. 6 of 1950, set out in the Appendix to this title] shall become effective on the day upon which the individual who is the incumbent of the position abolished by such subsection, as of the date of enactment [Nov. 6, 1986], ceases to hold the position." EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-73 effective Oct. 1, 1985, see section 6(c) of Pub. L. 99-73, set out as a note under section 5315 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-325 to take effect on the appointment of a person to fill successor position created by section 2212c of Title 7, Agriculture, see section 8(e) of Pub. L. 97-325. EFFECTIVE DATE OF 1980 AMENDMENTS Amendment by Pub. L. 96-466 effective Oct. 1, 1980, see section 802(e) of Pub. L. 96-466, set out as a note under section 4101 of Title 38, Veterans' Benefits. Amendment by Pub. L. 96-209 effective Mar. 14, 1980, see title VI of Pub. L. 96-209, set out as an Effective Date note under section 1622a of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96-88, set out as an Effective Date note under section 3401 of Title 20, Education. Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse. Amendment by Pub. L. 96-54 effective Jan. 1, 1980, see section 2(a)(25)(B) of Pub. L. 96-54, set out as a note under section 5312 of this title. Amendment by Pub. L. 96-53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96-53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1978 AMENDMENTS Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set out as a note under section 1101 of this title. Amendment by Pub. L. 95-452 effective Oct. 1, 1978, see section 12 of Pub. L. 95-452 set out in the Appendix to this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-115 effective Oct. 1, 1977, see section 263(c) of Pub. L. 93-415, as added by Pub. L. 95-115, set out as a note under section 5601 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582, as amended, set out as a note under section 74 of Title 7, Agriculture. EFFECTIVE DATE OF 1974 AMENDMENTS Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section 418 of Pub. L. 93-463, set out as a note under section 2 of Title 7, Agriculture. Amendment by Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections 5811-5820 of Title 42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) of Pub. L. 93-438, set out as an Effective Date; Interim Appointments note under section 5801 of Title 42. Amendment by Pub. L. 93-271 effective July 1, 1974, see section 3 of Pub. L. 93-271, set out as a note under section 742b of Title 16, Conservation. EFFECTIVE DATE OF 1973 AMENDMENTS Offices and salaries modified under amendment by Pub. L. 93-83, prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, Aug. 6, 1973, 83 Stat. 218. Amendment by Pub. L. 93-43 effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as an Effective Date note under section 2400 of Title 38, Veterans' Benefits. EFFECTIVE DATE OF 1972 AMENDMENTS Amendment by Pub. L. 92-603 effective on first day of first pay period of Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after first day of month which follows month in which Pub. L. 92-603 was enacted, see section 404(c) of Pub. L. 92-603, set out as a note under section 5315 of this title. Amendment by Pub. L. 92-302, abolishing offices of Assistant Secretary of the Treasury for Administration and Deputy Under Secretary for Monetary Affairs, Department of the Treasury, effective on confirmation by Senate of Presidential appointees to fill the successor positions created by Pub. L. 92-302, see, section 3(b) of Pub. L. 92-302, May 18, 1972, 86 Stat. 149. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-22 effective on Senate confirmation of Presidential appointment under section 1453a of Title 43 and section 5315(18) of this title, see note set out under section 1453a of Title 43, Public Lands. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1968 AMENDMENTS Amendment by Pub. L. 90-623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-623, set out as a note under section 5334 of this title. Amendment by Pub. L. 90-407 effective on first day of first calendar month which begins on or after July 18, 1968, see section 15(a)(4) of Pub. L. 90-407, set out as a note under section 5313 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective as of beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. -TRANS- TRANSFER OF FUNCTIONS Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, set out in the Appendix to this title. Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to this title, which created National Oceanic and Atmospheric Administration in Department of Commerce and transferred personnel, property, records, and unexpended balances of funds of Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. Components of Environmental Science Services Administration thus transferred included Weather Bureau [now National Weather Service], Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Service, National Environmental Satellite Center, and ESSA Research Laboratories. Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by 1973 Reorg. Plan No. 2, eff. July 1, 1973, 38 FR 15932, 87 Stat. 1091, set out in the Appendix to this title, 1973 Reorg. Plan No. 2 also created in Department of Justice an agency to be known as Drug Enforcement Administration, with an Administrator and Deputy Administrator appointed by President with advice and consent of Senate. INDIAN CLAIMS COMMISSION Indian Claims Commission terminated on Sept. 30, 1978, pursuant to Pub. L. 94-465, Sec. 2, Oct. 8, 1976, 90 Stat. 1990. -CHANGE- COMMISSIONER OF PATENTS Commissioner of Patents redesignated Commissioner of Patents and Trademarks by Pub. L. 93-596, Sec. 3, Jan. 2, 1975, 88 Stat. 1949, set out as a note under section 1 of Title 35, Patents. -TRANS- ADMINISTRATOR OF BONNEVILLE POWER ADMINISTRATION Bonneville Power Administration transferred to Department of Energy by section 7152 of Title 42, The Public Health and Welfare. -MISC4- GENERAL COUNSEL OF MILITARY DEPARTMENTS Pub. L. 100-456, div. A, title VII, Sec. 703(b), Sept. 29, 1988, 102 Stat. 1996, which provided that, notwithstanding this section, the General Counsel of each of the military departments was to be paid at the highest rate of basic pay payable under section 5382 of this title, to a member of the Senior Executive Service, was repealed by Pub. L. 102-190, div. A, title IX, Sec. 903(b), Dec. 5, 1991, 105 Stat. 1451. COMPENSATION OF DEPUTY ASSISTANT SECRETARY OF COMMERCE FOR COMMUNICATIONS AND INFORMATION Pub. L. 95-567, title I, Sec. 106(c), Nov. 2, 1978, 92 Stat. 2409, provided that: "The position of Deputy Assistant Secretary of Commerce for Communications and Information, established in Department of Commerce Organization Order Numbered 10-10 (effective March 26, 1978), shall be compensated at the rate of pay in effect from time to time for level V of the Executive Schedule under section 5316 of title 5, United States Code." -TRANS- SUBVERSIVE ACTIVITIES CONTROL BOARD Subversive Activities Control Board, Chairman and Members of which were compensated under this section, ceased operation on June 3, 1973, as unfunded by Congress. -MISC5- SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of this title. -End- -CITE- 5 USC Sec. 5317 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5317. Presidential authority to place positions at levels IV and V -STATUTE- In addition to the positions listed in sections 5315 and 5316 of this title, the President, from time to time, may place in levels IV and V of the Executive Schedule positions held by not to exceed 34 individuals when he considers that action necessary to reflect changes in organization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appointment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this section shall be published in the Federal Register, except when the President determines that the publication would be contrary to the interest of national security. The President may not take action under this section with respect to a position the pay for which is fixed at a specific rate by this subchapter or by statute enacted after August 14, 1964. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 89-670, Sec. 10(d)(6), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(17), Sept. 11, 1967, 81 Stat. 199.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 2211(f). Aug. 14, 1964, Pub. L. 88-426, Sec. 303(f), 78 Stat. 421. -------------------------------------------------------------------- The word "offices" is omitted as included in "positions". The term "Executive agency" is substituted for "Federal department or agency" in view of the definition in section 105. The words "after August 14, 1964" are substituted for "subsequent to the date of enactment of this Act". Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT The amendment to 5 U.S.C. 5317 conforms to the style of title 5. AMENDMENTS 1966 - Pub. L. 89-670 increased from thirty to thirty-four the number of additional level IV and V positions authorized when necessary. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. -EXEC- EXECUTIVE ORDER NO. 11189 Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315. EXECUTIVE ORDER NO. 11195 Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315. EXECUTIVE ORDER NO. 11861 Ex. Ord. 11861, May 21, 1975, 40 F.R. 22531, as amended by Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579; Ex. Ord. No. 11872, July 21, 1975, 40 F.R. 30619; Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797; Ex. Ord. No. 11885, Oct. 15, 1975, 40 F.R. 48491; Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040; Ex. Ord. No. 11898, Jan. 14, 1976, 41 F.R. 2365; Ex. Ord. No. 11908, Mar. 18, 1976, 41 F.R. 11805; Ex. Ord. No. 11927, July 22, 1976, 41 F.R. 30583; Ex. Ord. No. 11976, Mar. 11, 1977, 42 F.R. 14081; Ex. Ord. No. 11983, May 4, 1977, 42 F.R. 23127; Ex. Ord. No. 11986, May 20, 1977, 42 F.R. 26407; Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841; Ex. Ord. No. 11999, June 27, 1977, 42 F.R. 33255; Ex. Ord. No. 12025, Dec. 1, 1977, 42 F.R. 61447; Ex. Ord. No. 12035, Jan. 20, 1978, 43 F.R. 3073; Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315; Ex. Ord. No. 12069, June 30, 1978, 43 F.R. 28973, which related to the placement of certain positions in levels IV and V, was revoked by Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, formerly set out below. EXECUTIVE ORDER NO. 11864 Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579, which placed the position of Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975, in level IV of the Executive Schedule was superseded by Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797. EXECUTIVE ORDER NO. 11995 Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841, which placed the position of Executive Director, Federal Personnel Management Systems Study, United States Civil Service Commission, in level V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315. EXECUTIVE ORDER NO. 12076 Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, as amended by Ex. Ord. No. 12099, Nov. 17, 1978, 43 F.R. 54191; Ex. Ord. No. 12111, Jan. 2, 1979, 44 F.R. 1071; Ex. Ord. No. 12119, Feb. 14, 1979, 44 F.R. 10039, which related to the placement of positions in levels IV and V of the Federal Executive Salary Schedule, was revoked by Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, set out below. EX. ORD. NO. 12154. PLACEMENT OF POSITIONS IN LEVELS IV AND V Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, as amended by Ex. Ord. No. 12199, Mar. 12, 1980, 45 F.R. 16441; Ex. Ord. No. 12236, Sept. 3, 1980, 45 F.R. 58805; Ex. Ord. No. 12237, Sept. 3, 1980, 45 F.R. 58807; Ex. Ord. No. 12422, May 20, 1983, 48 F.R. 23157; Ex. Ord. No. 12431, July 8, 1983, 48 F.R. 31849; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12678, Apr. 28, 1989, 54 F.R. 18872; Ex. Ord. No. 12679, June 23, 1989, 54 F.R. 27149; Ex. Ord. No. 12749, Feb. 4, 1991, 56 F.R. 4711; Ex. Ord. No. 12758, Apr. 5, 1991, 56 F.R. 14631; Ex. Ord. No. 12814, Sept. 10, 1992, 57 F.R. 42483; Ex. Ord. No. 12833, Jan. 19, 1993, 58 F.R. 5907; Ex. Ord. No. 12841, Mar. 9, 1993, 58 F.R. 13529; Ex. Ord. No. 12942, Dec. 12, 1994, 59 F.R. 64551; Ex. Ord. No. 13063, Sept. 30, 1997, 62 F.R. 51757, provided: By the authority vested in me as President by Section 5317 of Title 5 of the United States Code it is hereby ordered as follows: -MISC2- 1-1. EXECUTIVE SCHEDULE POSITIONS 1-101. The following positions are placed in level IV of the Executive Schedule: (a) Counselor to the Secretary, Department of the Treasury. (b) Deputy Under Secretary for International Labor Affairs, Department of Labor. (c) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health and Human Services. (d) Executive Secretary of the National Security Council. (e) Administrator, Office of Juvenile Justice and Delinquency Prevention, Department of Justice. (f) Comptroller of the Department of Defense [now Under Secretary of Defense (Comptroller)]. (g) Assistant Secretary of the Air Force (1). (h) Director, Office for Victims of Crime, Department of Justice. (i) Director, Bureau of Justice Assistance, Department of Justice. (j) Director of the National Institutes of Health. (k) Members, Chemical Safety and Hazard Investigation Board (5). (k)[(l)] Commissioner on Aging [now Assistant Secretary for Aging], Department of Health and Human Services[.] 1-102. The following positions are placed in level V of the Executive Schedule: (a) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense. (b) Executive Assistant and Counselor to the Secretary of Labor, Department of Labor. (c) Deputy Under Secretary for Education, Department of Education. (d) Deputy Under Secretary for Education, Department of Education. (e) Commissioner, Administration for Native Americans[.] 1-2. GENERAL PROVISIONS 1-201. Nothing in this Order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in Section 1-1 of this Order who was the occupant of that position immediately prior to the issuance of this Order. 1-202. Executive Order No. 12076, as amended, is hereby revoked. -End- -CITE- 5 USC Sec. 5318 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER II - EXECUTIVE SCHEDULE PAY RATES -HEAD- Sec. 5318. Adjustments in rates of pay -STATUTE- (a) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. (b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule. -SOURCE- (Added Pub. L. 94-82, title II, Sec. 202(a), Aug. 9, 1975, 89 Stat. 419; amended Pub. L. 101-194, title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103 Stat. 1769; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 101(b)(4)(A)], Nov. 5, 1990, 104 Stat. 1427, 1439; Pub. L. 103-356, title I, Sec. 101(3), Oct. 13, 1994, 108 Stat. 3411.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of this title. Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of Pub. L. 101-194, which is set out below. -MISC1- AMENDMENTS 1994 - Pub. L. 103-356 designated existing provisions as subsec. (a), substituted "Subject to subsection (b), effective" for "Effective", and added subsec. (b). 1990 - Pub. L. 101-509 substituted "5303" for "5305". 1989 - Pub. L. 101-194 substituted "corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect" for "corresponds to the overall average percentage (as set forth in the report transmitted to the Congress under such section 5305) of the adjustment in the rates of pay under the General Schedule". EFFECTIVE DATE OF 1994 AMENDMENT Section 101 of Pub. L. 103-356 provided that the amendment made by that section is effective as of Dec. 31, 1994. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Section 704(b) of Pub. L. 101-194 provided that: "This section and the amendments made by this section [amending this section, section 31 of Title 2, The Congress, section 104 of Title 3, The President, and section 461 of Title 28, Judiciary and Judicial Procedure, and enacting provisions set out as a note under this section] shall take effect on January 1, 1991." SALARY LEVELS OF SENIOR GOVERNMENT OFFICIALS Pub. L. 102-90, title I, Sec. 6(a), Aug. 14, 1991, 105 Stat. 450, provided that: "The rate of pay for the offices referred to under section 703(a)(2)(B) of the Ethics Reform Act of 1989 [Pub. L. 101- 194] (5 U.S.C. 5318 note) shall be the rate of pay that would be payable for each such office if the provisions of sections 703(a)(2)(B) and 1101(a)(1)(A) of such Act (5 U.S.C. 5318 note and 5305 note) had not been enacted." Section 703 of Pub. L. 101-194 provided that: "(a) Salary Levels. - "(1) Executive positions. - Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for positions in the Executive Schedule shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). "(2) Legislative positions; office of the vice president. - "(A) Generally. - Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for the offices and positions under subparagraphs (A) and (B) of section 225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356(A) and (B)) shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100), except as provided in subparagraph (B). "(B) Exceptions. - Nothing in subparagraph (A) shall affect the rate of basic pay for a Senator, the President pro tempore of the Senate, or the majority leader or the minority leader of the Senate. "(3) Judicial positions. - Effective the first day of the first applicable pay period that begins on or after January 1, 1991, the rate of basic pay for the Chief Justice of the United States, an associate justice of the Supreme Court of the United States, a judge of a United States circuit court, a judge of a district court of the United States, and a judge of the United States Court of International Trade shall be increased in the amount of 25 percent of their respective rates (as last in effect before the increase), rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). "(b) Coordination Rule. - If a pay adjustment under subsection (a) is to be made for an office or position as of the same date as any other pay adjustment affecting such office or position, the adjustment under subsection (a) shall be made first." REVISION IN METHOD BY WHICH ANNUAL PAY ADJUSTMENTS FOR CERTAIN EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS ARE TO BE MADE Section 704(a) of Pub. L. 101-194 provided that: "(a) Percent Change in the Employment Cost Index. - "(1) Method for computing percent change in the eci. - "(A) Definitions. - For purposes of this paragraph - "(i) the term 'Employment Cost Index' or 'ECI' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; and "(ii) the term 'base quarter' means the 3-month period ending on December 31 of a year. "(B) Method. - For purposes of the provisions of law amended by paragraph (2), the 'most recent percentage change in the ECI', as of any date, shall be one-half of 1 percent less than the percentage (rounded to the nearest one-tenth of 1 percent) derived by - "(i) reducing - "(I) the ECI for the last base quarter prior to that date, by "(II) the ECI for the second to last base quarter prior to that date, "(ii) dividing the difference under clause (i) by the ECI for the base quarter referred to in clause (i)(II), and "(iii) multiplying the quotient under clause (ii) by 100, except that no percentage change determined under this paragraph shall be - "(I) less than zero; or "(II) greater than 5 percent. "(2) Provisions through which new method is to be implemented. - "(A) Amendment to titles 3, 5, and 28 of the united states code. - Section 104 of title 3, United States Code, section 5318 of title 5, United States Code, and section 461(a) of title 28, United States Code, are amended by striking 'corresponds to' and all that follows thereafter through the period, and inserting the following: 'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'. "(B) Amendment to the legislative reorganization act of 1946. - Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking 'corresponds to' and all that follows thereafter through the period and inserting the following: 'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'." REDUCTION OF RATE OF SALARY OR BASIC PAY OF OFFICES OR POSITIONS IN THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES TO THE SALARY OR BASIC PAY RATE PAYABLE AS OF JULY 14, 1983 Pub. L. 98-51, title III, Sec. 304, July 14, 1983, 97 Stat. 279, reduced the rate of salary or basic pay prescribed by law as of July 14, 1983, for any office or position at level I, II, or III of the Executive Schedule, any Member of Congress, and certain other offices and positions in the legislative, executive, or judicial branch, or in the government of the District of Columbia and also reduced the maximum rate of salary or basic pay prescribed by law as of July 14, 1983, for certain offices and positions in the legislative, executive, or judicial branch, or in the government of the District of Columbia. LIMITATION ON MAXIMUM RATE OF SALARY INCREASES FOR SENIOR EXECUTIVE, JUDICIAL, AND LEGISLATIVE POSITIONS FOR SERVICES PERFORMED AFTER DECEMBER 17, 1982 Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, reduced salary increases for senior executive, judicial, and legislative positions (including Members of Congress but excluding Senators) from up to 27.2 percent to 15 percent. FISCAL YEAR 1983 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Section 306(a), (b), and (d) of S. 2939, Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, made applicable by Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, as amended by Pub. L. 97-377, title I, Sec. 129(a), Dec. 21, 1982, 96 Stat. 1914, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1983, to pay the salary or pay of any individual in an office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1982, if that rate was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. FISCAL YEAR 1982 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Section 305(a), (b), and (d) of H.R. 4120, as reported July 9, 1981, made applicable by Pub. L. 97-92, Sec. 101(g), Dec. 15, 1981, 95 Stat. 1190, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1982, to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1981, if that rate was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 97-51, Sec. 101(c), Oct. 1, 1981, 95 Stat. 959, as amended by Pub. L. 97-85, Nov. 23, 1981, 95 Stat. 1098. Pub. L. 97-92, Sec. 141, Dec. 15, 1981, 95 Stat. 1200, provided that nothing in section 305 of H.R. 4120, made applicable by section 101(g) of Pub. L. 97-92, required that the rate of salary or basic pay, payable to any individual for or on account of services performed after Dec. 31, 1981, be limited to or reduced to an amount which was less than $59,500 for pay corresponding to the rate of basic pay for level III of the Executive Schedule under section 5314 of this title; $58,500 for pay corresponding to the rate of basic pay for level IV of the Executive Schedule under section 5315 of this title; or $57,500 for pay corresponding to the rate of basic pay for level V of the Executive Schedule under section 5316 of this title. Any adjustment to the pay of an employee paid by the Clerk of the House was to result in pay no less than that of an employee paid by the Secretary of the Senate holding an equivalent position. FISCAL YEAR 1981 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Section 306(a), (b), and (d) of H.R. 7593, as passed the House of Representatives on July 21, 1980, made applicable by Pub. L. 96- 536, Sec. 101(c), Dec. 16, 1980, 94 Stat. 3167, as amended by Pub. L. 97-12, title IV, Sec. 401, June 5, 1981, 95 Stat. 95, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1981, to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1980, if the rate of salary or basic pay for that office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 96-369, Sec. 101(c), Oct. 1, 1980, 94 Stat. 1352. FISCAL YEAR 1980 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 96-86, Sec. 101(c), Oct. 12, 1979, 93 Stat. 657, for the fiscal year 1980, prohibited the use of funds available for payment to executive employees, including Members of Congress, entitled under existing law to approximately 12.9 percent increase in pay, to pay any such employee or official any sum in excess of 5.5 percent increase in existing pay, and such sum, if accepted, would be in lieu of the 12.9 percent due for such fiscal year. FISCAL YEAR 1979 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 95-429, title VI, Sec. 613, Oct. 10, 1978, 92 Stat. 1017, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1979, to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for Sept. 30, 1978, if the rate of salary or basic pay for such office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under section 5308 of this title or any other provision of law or congressional resolution. Identical provisions were enacted by Pub. L. 95-391, title III, Sec. 304, Sept. 30, 1978, 92 Stat. 788. 1977 COMPARABILITY ADJUSTMENT NOT EFFECTIVE FOR CERTAIN POSITIONS Pub. L. 95-66, July 11, 1977, 91 Stat. 270, nullified the first adjustment in pay which would have been made after July 11, 1977, under the following provisions of law: the second sentence of section 104 of Title 3, The President; par. (2) of section 31 of Title 2, The Congress; section 461 of Title 28, Judiciary and Judicial Procedure; and section 5318 of this title. FISCAL YEAR 1977 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 94-440, title II, Sec. 100, Oct. 1, 1976, 90 Stat. 1446, prohibited the use of funds appropriated in any Act to pay the salary of an individual in a position or office referred to in section 356 of Title 2, The Congress, at a rate exceeding the salary rate for such position or office in effect on Sept. 30, 1976, except increases submitted by the President pursuant to sections 351 to 364 of Title 2. -End- -CITE- 5 USC SUBCHAPTER III - GENERAL SCHEDULE PAY RATES 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER III - GENERAL SCHEDULE PAY RATES -HEAD- SUBCHAPTER III - GENERAL SCHEDULE PAY RATES -End- -CITE- 5 USC Sec. 5331 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER III - GENERAL SCHEDULE PAY RATES -HEAD- Sec. 5331. Definitions; application -STATUTE- (a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by section 5102 of this title. (b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 95-454, title IV, Sec. 408(b)(2), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 100-325, Sec. 2(h)(3), May 30, 1988, 102 Stat. 582; Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 102(c)], Nov. 5, 1990, 104 Stat. 1427, 1444.) -MISC1- HISTORICAL AND REVISION NOTES The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-509 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "This subchapter applies to employees and positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which chapter 51 of this title applies." 1988 - Subsec. (b). Pub. L. 100-325 inserted reference to positions in Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1978 - Subsec. (b). Pub. L. 95-454 inserted reference to Senior Executive Service positions. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 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, Sec. 305] of Pub. L. 101-509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as an Effective Date note under section 3131 of this title. REFERENCES IN OTHER LAWS TO CHAPTER 51 AND SUBCHAPTER III OF CHAPTER 53 References in laws to fix pay in accordance with this subchapter and chapter 51 of this title considered to include authority under section 5376 of this title, if applicable, but not to include any authority under section 5304 of this title or section 529 [title III, Sec. 302] of Pub. L. 101-509, set out as a note under section 5304 of this title, see section 529 [title I, Sec. 101(c)(2)] of Pub. L. 101-509, set out in a References in Other Laws to GS-16, 17, or 18 Pay Rates; Regulations note under section 5376 of this title. -End- -CITE- 5 USC Sec. 5332 01/05/2009 -EXPCITE- TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart D - Pay and Allowances CHAPTER 53 - PAY RATES AND SYSTEMS SUBCHAPTER III - GENERAL SCHEDULE PAY RATES -HEAD- Sec. 5332. The General Schedule -STATUTE- (a)(1) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated "GS-1" through "GS-15", consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. (b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by section 5504(b) of this title. -SOURCE- (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 90-83, Sec. 1(18), Sept. 11, 1967, 81 Stat. 199; Pub. L. 90-206, title II, Sec. 202(a), Dec. 16, 1967, 81 Stat. 624; Pub. L. 95-454, title V, Sec. 503(e), Oct. 13, 1978, 92 Stat. 1184; Pub. L. 98-615, title II, Sec. 204(a)(1), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 102-378, Sec. 2(29), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 103-89, Sec. 3(b)(1)(F), Sept. 30, 1993, 107 Stat. 982.) -MISC1- HISTORICAL AND REVISION NOTES 1966 ACT -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- (a) 5 U.S.C. 1113 (less Oct. 28, 1949, ch. 782, (c)). Sec. 603 (less (d)), 63 Stat. 965. Oct. 24, 1951, ch. 554, Sec. 1(a), 65 Stat. 612. Sept. 1, 1954, ch. 1208, Sec. 109 (less (c)), 68 Stat. 1108. June 28, 1955, ch. 189, Sec. 2(a), 69 Stat. 172. June 20, 1958, Pub. L. 85-462, Sec. 2(a), 72 Stat. 203. July 1, 1960, Pub. L. 86-568, Sec. 112(a), 74 Stat. 298. Oct. 11, 1962, Pub. L. 87-793, Sec. 602(a), 76 Stat. 843. Aug. 14, 1964, Pub. L. 88-426, Sec. 102(a), 78 Stat. 400. (b) 5 U.S.C. 1113(c). Oct. 28, 1949, ch. 782, Sec. 603 (d), 63 Stat. 965. Sept. 1, 1954, ch. 1208, Sec. 109(c), 68 Stat. 1108. -------------------------------------------------------------------- In subsection (a), the words "the symbol for which is 'GS' " are added on authority of former section 1111 which is carried into section 5104. So much as related to the Crafts, Protective, and Custodial Schedule is omitted as repealed effective not later than Sept. 11, 1955, by the Act of Sept. 1, 1954, Secs. 109(b), 110(b), 68 Stat. 1108. In subsection (b), reference to payment made on the basis of a "monthly" rate is omitted since section 5504(b), former section 944(c), no longer provides for converting a basic annual rate to a basic monthly rate. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 ACT -------------------------------------------------------------------- Section of Source (U.S. Code) Source (Statutes at Large) title 5 -------------------------------------------------------------------- 5332(a) 5 App.: 1113(b). Oct. 29, 1965, Pub. L. 89-301, Sec. 2(a), 79 Stat. 1111. July 18, 1966, Pub. L. 89-504, Sec. 102(a), 80 Stat. 288. -------------------------------------------------------------------- AMENDMENTS 1993 - Subsec. (a)(1). Pub. L. 103-89 struck out ", except an employee covered by the performance management and recognition system established under chapter 54," after "whom this subchapter applies". 1992 - Subsec. (a). Pub. L. 102-378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The General Schedule, the symbol for which is 'GS', is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies, except an employee covered by the performance management and recognition system established under chapter 54 of this title, is entitled to basic pay in accordance with the General Schedule." 1984 - Subsec. (a). Pub. L. 98-615 substituted "the performance management and recognition system established under chapter 54" for "the merit pay system established under section 5402". 1978 - Subsec. (a). Pub. L. 95-454 inserted in second sentence reference to an employee covered by the merit pay system established under section 5402 of this title. 1967 - Subsec. (a). Pub. L. 90-206 increased the compensation in each step of each grade. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) of Pub. L. 103-89, set out as a note under section 3372 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-378 effective May 4, 1991, see section 9(b)(4) of Pub. L. 102-378, set out as a note under section 6303 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Section 205 of Pub. L. 98-615 provided that amendment by Pub. L. 98-615 was effective Oct. 1, 1984, and applicable with respect to pay periods commencing on or after that date, with certain exceptions and qualifications. EFFECTIVE DATE OF 1978 AMENDMENT Section 504(a) of Pub. L. 95-454 provided that amendment by Pub. L. 95-454 was effective on first day of first applicable pay period which began on or after Oct. 1, 1981, except it could take effect with respect to any category or categories of positions before such day to extent prescribed by Director of Office of Personnel Management. EFFECTIVE DATE OF 1967 AMENDMENT Section 220(a)(2) of Pub. L. 90-206 provided, except as otherwise expressly provided, that: "Sections 202 [amending this section and enacting provisions set out as a note under this section], 203 [amending section 3301 of Title 39, The Postal Service], 204 [enacting section 3512A of Title 39, amending sections 3512, and 3513-3531 of Title 39, and enacting provisions set out as a note under section 3512A of Title 39], 205 [amending sections 3542-3544 of Title 39, and enacting provisions set out as notes under sections 3542, 3544, 3552, and 3560 of Title 39], 206 [amending sections 3560, 3573, and 3575 of Title 39, and enacting provisions set out as a note under section 3542 of Title 39], 208 [amending former section 4107 of Title 38, Veterans' Benefits], 209 [amending sections 867 and 870 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as a note under section 867 of Title 22], 210 [enacting provisions set out as a note under section 590h of Title 16, Conservation], 211 [enacting provisions set out as a note under this section and section 548 of Title 28, Judiciary and Judicial Procedure], 213 (except subsections (d) and (e)) [enacting provisions set out as notes under sections 603, 604, and 753 of Title 28], 214 (except subsections (j), (k), (l), (n), and (o)) [enacting sections 60e-14, 61-2, 74a-2, and 293c of Title 2, The Congress, amending section 1847 of Title 2, and enacting provisions set out as a note under section 8339 of this title], and 216 [enacting provisions set out as a note under section 60e-14 of Title 2] shall become effective as of the beginning of the first pay period which began on or after October 1, 1967." SHORT TITLE Section 1 of Pub. L. 90-206 provided: "That this Act [see Tables for classification] may be cited as the 'Postal Revenue and Federal Salary Act of 1967'." Section 201 of title II of Pub. L. 90-206 provided that: "This title [see Tables for classification] may be cited as the 'Federal Salary Act of 1967'." ADJUSTMENT OF PAY RATES EFFECTIVE OCTOBER 1, 1972 Pub. L. 93-549, Dec. 26, 1974, 88 Stat. 1743, provided that no officer or employee of the United States shall have his or her pay reduced by reason of Ex. Ord. No. 11777, Apr. 12, 1974. 1970 INCREASE IN PAY RATES Pub. L. 91-231, Apr. 15, 1970, 84 Stat. 195, known as the Federal Employees Salary Act of 1970, and effective on the first day of the first pay period beginning on or after Dec. 27, 1969, provided for an increase in the rates of basic pay, basic compensation, and salaries contained in the General Schedule, the Postal Field Service Schedule and Rural Carrier Schedule, the schedule relating to certain positions within the Department of Medicine and Surgery of the Veterans' Administration, and the Foreign Service schedules, and also for employees of Agricultural Stabilization and Conservation County Committees, for certain employees of the Legislative and Judicial Branches, for United States Attorneys, and for other employees of the United States Government and the government of the District of Columbia whose rates of pay were fixed by administrative action and not otherwise increased. INITIAL ADJUSTMENT OF 1967 PAY INCREASES Pub. L. 90-206, title II, Secs. 202(b), 220(a)(2), Dec. 16, 1967, 81 Stat. 625, 639, effective as of the beginning of the first pay period which began on or after Oct. 1, 1967, made various initial adjustments to the rates of basic pay of officers and employees referred to in the General Schedule set forth in the amendment to this section made by section 202(a) of Pub. L. 90-206. 1967 SALARY INCREASE FOR PERSONS WHOSE COMPENSATION RATES ARE FIXED BY ADMINISTRATIVE ACTION Pub. L. 90-206, title II, Secs. 211(b)-(d), 220(a)(2), Dec. 16, 1967, 81 Stat. 633, 639, effective as of the beginning of the first pay period which began on or after Oct. 1, 1967, authorized the increase of the rates of pay of certain officers and employees of the Federal Government and of the municipal government of the District of Columbia by amounts not to exceed the increases provided by title II of Pub. L. 90-206 for corresponding rates of pay in the appropriate schedule or scale of pay. RETROACTIVE COMPENSATION UNDER 1967 PAY INCREASES Pub. L. 90-206, title II, Sec. 218, Dec. 16, 1967, 81 Stat. 638, provided for retroactive pay under title II of Pub. L. 90-206 only in the case of an individual in the service of the United States, including service in the Armed Forces, or the municipal government of the District of Columbia on Dec. 16, 1967, subject to certain restrictions. -EXEC- EX. ORD. NO. 13483. ADJUSTMENTS OF CERTAIN RATES OF PAY Ex. Ord. No. 13483, Dec. 18, 2008, 73 F.R. 78587, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows: Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102-40) at Schedule 3. Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5; (b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), section 140 of Public Law 97-92, and section 305 of Division D of the Consolidated Appropriations Act, 2008), at Schedule 7. Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and section 601 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417, October 14, 2008), and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and section 142 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329, September 30, 2008), locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Effective Dates. Schedule 8 is effective January 1, 2009. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2009. Sec. 8. Prior Order Superseded. Executive Order 13454 of January 4, 2008, is superseded. George W. Bush. SCHEDULE 1 GENERAL SCHEDULE (EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD BEGINNING ON OR AFTER JANUARY 1, 2009) -------------------------------------------------------------------- GS-1 1: $17,540 2: $18,126 3: $18,709 4: $19,290 5: $19,873 6: $20,216 7: $20,792 8: $21,373 9: $21,396 10: $21,944 GS-2 1: 19,721 2: 20,190 3: 20,842 4: 21,396 5: 21,635 6: 22,271 7: 22,907 8: 23,543 9: 24,179 10: 24,815 GS-3 1: 21,517 2: 22,234 3: 22,951 4: 23,668 5: 24,385 6: 25,102 7: 25,819 8: 26,536 9: 27,253 10: 27,970 GS-4 1: 24,156 2: 24,961 3: 25,766 4: 26,571 5: 27,376 6: 28,181 7: 28,986 8: 29,791 9: 30,596 10: 31,401 GS-5 1: 27,026 2: 27,927 3: 28,828 4: 29,729 5: 30,630 6: 31,531 7: 32,432 8: 33,333 9: 34,234 10: 35,135 GS-6 1: 30,125 2: 31,129 3: 32,133 4: 33,137 5: 34,141 6: 35,145 7: 36,149 8: 37,153 9: 38,157 10: 39,161 GS-7 1: 33,477 2: 34,593 3: 35,709 4: 36,825 5: 37,941 6: 39,057 7: 40,173 8: 41,289 9: 42,405 10: 43,521 GS-8 1: 37,075 2: 38,311 3: 39,547 4: 40,783 5: 42,019 6: 43,255 7: 44,491 8: 45,727 9: 46,963 10: 48,199 GS-9 1: 40,949 2: 42,314 3: 43,679 4: 45,044 5: 46,409 6: 47,774 7: 49,139 8: 50,504 9: 51,869 10: 53,234 GS-10 1: 45,095 2: 46,598 3: 48,101 4: 49,604 5: 51,107 6: 52,610 7: 54,113 8: 55,616 9: 57,119 10: 58,622 GS-11 1: 49,544 2: 51,195 3: 52,846 4: 54,497 5: 56,148 6: 57,799 7: 59,450 8: 61,101 9: 62,752 10: 64,403 GS-12 1: 59,383 2: 61,362 3: 63,341 4: 65,320 5: 67,299 6: 69,278 7: 71,257 8: 73,236 9: 75,215 10: 77,194 GS-13 1: 70,615 2: 72,969 3: 75,323 4: 77,677 5: 80,031 6: 82,385 7: 84,739 8: 87,093 9: 89,447 10: 91,801 GS-14 1: 83,445 2: 86,227 3: 89,009 4: 91,791 5: 94,573 6: 97,355 7: 100,137 8: 102,919 9: 105,701 10: 108,483 GS-15 1: 98,156 2: 101,428 3: 104,700 4: 107,972 5: 111,244 6: 114,516 7: 117,788 8: 121,060 9: 124,332 10: 127,604 -------------------------------------------------------------------- SCHEDULE 2 FOREIGN SERVICE SCHEDULE (EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD BEGINNING ON OR AFTER JANUARY 1, 2009) -------------------------------------------------------------------- Step: 1 Class 1: $98,156 Class 2: $79,535 Class 3: $64,447 Class 4: $52,221 Class 5: $42,314 Class 6: $37,828 Class 7: $33,817 Class 8: $30,231 Class 9: $27,026 Step: 2 Class 1: 101,101 Class 2: 81,921 Class 3: 66,380 Class 4: 53,788 Class 5: 43,583 Class 6: 38,963 Class 7: 34,832 Class 8: 31,138 Class 9: 27,837 Step: 3 Class 1: 104,134 Class 2: 84,379 Class 3: 68,372 Class 4: 55,401 Class 5: 44,891 Class 6: 40,132 Class 7: 35,876 Class 8: 32,072 Class 9: 28,672 Step: 4 Class 1: 107,258 Class 2: 86,910 Class 3: 70,423 Class 4: 57,063 Class 5: 46,238 Class 6: 41,336 Class 7: 36,953 Class 8: 33,034 Class 9: 29,532 Step: 5 Class 1: 110,475 Class 2: 89,517 Class 3: 72,536 Class 4: 58,775 Class 5: 47,625 Class 6: 42,576 Class 7: 38,061 Class 8: 34,025 Class 9: 30,418 Step: 6 Class 1: 113,790 Class 2: 92,203 Class 3: 74,712 Class 4: 60,538 Class 5: 49,054 Class 6: 43,853 Class 7: 39,203 Class 8: 35,046 Class 9: 31,331 Step: 7 Class 1: 117,203 Class 2: 94,969 Class 3: 76,953 Class 4: 62,355 Class 5: 50,525 Class 6: 45,169 Class 7: 40,379 Class 8: 36,097 Class 9: 32,270 Step: 8 Class 1: 120,719 Class 2: 97,818 Class 3: 79,262 Class 4: 64,225 Class 5: 52,041 Class 6: 46,524 Class 7: 41,591 Class 8: 37,180 Class 9: 33,239 Step: 9 Class 1: 124,341 Class 2: 100,753 Class 3: 81,640 Class 4: 66,152 Class 5: 53,602 Class 6: 47,919 Class 7: 42,838 Class 8: 38,296 Class 9: 34,236 Step: 10 Class 1: 127,604 Class 2: 103,775 Class 3: 84,089 Class 4: 68,137 Class 5: 55,210 Class 6: 49,357 Class 7: 44,124 Class 8: 39,445 Class 9: 35,263 Step: 11 Class 1: 127,604 Class 2: 106,888 Class 3: 86,611 Class 4: 70,181 Class 5: 56,866 Class 6: 50,838 Class 7: 45,447 Class 8: 40,628 Class 9: 36,321 Step: 12 Class 1: 127,604 Class 2: 110,095 Class 3: 89,210 Class 4: 72,286 Class 5: 58,572 Class 6: 52,363 Class 7: 46,811 Class 8: 41,847 Class 9: 37,410 Step: 13 Class 1: 127,604 Class 2: 113,398 Class 3: 91,886 Class 4: 74,455 Class 5: 60,330 Class 6: 53,934 Class 7: 48,215 Class 8: 43,102 Class 9: 38,533 Step: 14 Class 1: 127,604 Class 2: 116,800 Class 3: 94,643 Class 4: 76,688 Class 5: 62,140 Class 6: 55,552 Class 7: 49,661 Class 8: 44,395 Class 9: 39,689 -------------------------------------------------------------------- SCHEDULE 3 VETERANS HEALTH ADMINISTRATION SCHEDULES, DEPARTMENT OF VETERANS AFFAIRS (EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD BEGINNING ON OR AFTER JANUARY 1, 2009) -------------------------------------------------------------------- Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306)(!1) Assistant Under Secretaries for Health (!2) $154,955 (Only applies to incumbents who are not physicians or dentists) Minimum Maximum Service Directors $115,117 $142,968 Director, National Center for 98,156 142,968 Preventive Health Physician and Dentist Base and Longevity Schedule(!3) Physician Grade $96,539 $141,591 Dentist Grade 96,539 141,591 Clinical Podiatrist, Chiropractor, and Optometrist Schedule