§5313. Positions at level II
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.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space Administration.
Deputy Secretary of Veterans Affairs.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Chairman, Board of Governors of the Federal Reserve System.
Director of the Office of Science and Technology.
Director of the United States Arms Control and Disarmament Agency.
Director of the United States Information Agency.
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 and Technology.
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 Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development.
Deputy Commissioner of Social Security, Social Security Administration.
Administrator of the Community Development Financial Institutions Fund.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 2211(b) (less (15)). | Aug. 14, 1964,
|
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 The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the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,
Amendments
1994-
1993-
1992-
1991-
1990-
1989-
1988-
1987-
1986-
1984-
1983-
1980-
1979-Pars. (1)–(24).
1978-Par. (24).
1977-Par. (1).
Par. (22).
1976-Par. (21).
Par. (23).
1975-
1974-Par. (7).
Par. (8).
Par. (22).
1972-Par. (1).
Par. (2).
Par. (6).
Par. (21).
1971-Par. (20).
1968-Par. (19).
1966-
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Effective Date of 1987 Amendment
Section 178(b) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 5 of
"(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
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1968 Amendment
Section 15(a)(4) of
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
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.
United States Information Agency
United States Information Agency, including the Office of Director, referred to in text, abolished and replaced by International Communication Agency pursuant to Reorg. Plan No. 2 of 1977, 42 F.R. 62461,
Salary Increases
1995-Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, set out as a note under section 5332 of this title.
1993-Salaries of positions at level II increased to $133,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992-Salaries of positions at level II increased to $129,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991-Salaries of positions at level II increased to $125,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990-Salaries of positions at level II continued at $89,500 per annum, and increased to $96,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989-Salaries of positions at level II continued at $89,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988-Salaries of positions at level II continued at $89,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987-Salaries of positions at level II increased to $89,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
Salaries of positions at level II increased to $77,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985-Salaries of positions at level II increased to $75,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984-Salaries of positions at level II increased to $72,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982-Salaries of positions at level II increased to $77,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $60,662.50 to $69,800.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981-Salaries of positions at level II increased to $74,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980-Salaries of positions at level II increased to $70,900 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979-Salaries of positions at level II increased to $65,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978-Salaries of positions at level II increased to $60,700 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $57,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977-Salaries of positions at level II increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
1976-Salaries of positions at level II increased to $46,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $44,600.
1975-Salaries of positions at level II increased to $44,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969-Salaries of positions at level II increased from $30,000 to $42,500 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.
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
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
Section Referred to in Other Sections
This section is referred to in sections 5377, 5380, 8432, 8701, 8714b of this title; title 2 section 362; title 3 sections 105, 106, 108; title 10 section 973; title 18 section 207; title 22 section 3961; title 25 section 4042; title 26 section 3121; title 28 section 591; title 31 section 703; title 42 sections 210, 410, 1864, 4346, 5871, 5872, 6612, 7132, 7211, 7291, 7293.