5 U.S.C. § 5313
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.
Administrator of the Transportation Security Administration.
Director, Cybersecurity and Infrastructure Security Agency.
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 the Central Intelligence Agency.
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.
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.
Under Secretary of Transportation for Policy.
Chief Executive Officer, Millennium Challenge Corporation.
Principal Deputy Director of National Intelligence.
Director of the National Counterterrorism Center.
Administrator of the Federal Emergency Management Agency.
Federal Transit Administrator.
Chief Executive Officer, United States International Development Finance Corporation.
5 U.S.C. § 5313
| HISTORICAL AND REVISION NOTES 1966 ACT | ||
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 2211(b) (less (15)). | Aug. 14, 1964, Pub. L. 88-426, §303(b) (less (15)), 78 Stat. 416. | |
1967 ACTThe 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.
EDITORIAL NOTES
AMENDMENTS2021- Pub. L. 116-283, §9001(b)(1), inserted item relating to Director, Cybersecurity and Infrastructure Security Agency. Pub. L. 116-283, §901(a)(2)(B), repealed by Pub. L. 115-91, §910(d). See 2017 Amendment note below.2019- Pub. L. 116-92 struck out item relating to Under Secretary of Defense for Research and Engineering. 2018- Pub. L. 115-254, §1904(c)(1)(A), inserted item relating to Administrator of the Transportation Security Administration. Pub. L. 115-254, §1413(d)(4), inserted item relating to Chief Executive Officer, United States International Development Finance Corporation. 2017- Pub. L. 115-91, §1081(b)(1)(C), repealed Pub. L. 113-291, §901(m)(1). See 2014 Amendment note below. Pub. L. 115-91, §910(d), which inserted item relating to Chief Management Officer of the Department of Defense, was repealed by Pub. L. 116-283, §901(a)(2)(B). Pub. L. 115-91, §903(a), amended Pub. L. 114-328, §901(h). See 2016 Amendment note below. Pub. L. 115-31 struck out item relating to Director of the National Counter Proliferation Center.2016- Pub. L. 114-328, §901(h), as amended by Pub. 115-91, §903(a), struck out item relating to Under Secretary of Defense for Acquisition, Technology, and Logistics and inserted item relating to Under Secretary of Defense for Research and Engineering.2015- Pub. L. 114-94, §6011(d)(1)(A), struck out item relating to Under Secretary of Transportation for Security. Pub. L. 114-94, §3029(a), inserted item relating to Federal Transit Administrator. 2014- Pub. L. 113-291, §901(m)(1), which directed insertion of item relating to Under Secretary of Defense for Business Management and Information, was repealed by Pub. L. 115-91, §1081(b)(1)(C).2010- Pub. L. 111-259 substituted "Director of the Central Intelligence Agency" for "Director of Central Intelligence".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, §1332(1), struck out item relating to Director of the United States Information Agency. Pub. L. 105-277, §1224(1), struck out item relating to Director of the United States Arms Control and Disarmament Agency. Pub. L. 105-277, §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, §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, §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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEAny 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.
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. A, title IX, §902(93)(C), Dec. 20, 2019, 133 Stat. 1554, provided that: "This paragraph [amending this section and section 5314 of this title] shall have no force or effect until the next date on which the Congress confirms an individual to serve as the Under Secretary of Defense for Research and Engineering after the date of enactment of this Act [Dec. 20, 2019] [Under Secretary confirmed on July 22, 2021]."
EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115-91, div. A, title IX, §910(d), Dec. 12, 2017, 131 Stat. 1518, which provided that the amendment made by section 910(d) (amending this section) was effective on Feb. 1, 2018, was repealed by Pub. L. 116-283, div. A, title IX, §901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. Pub. L. 115-91, div. A, title X, §1081(b)(1), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(C) is effective as of Dec. 23, 2016.
EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114-328, div. A, title IX, §901(h), Dec. 23, 2016, 130 Stat. 2341, provided that the amendment made by section 901(h) is effective on Feb. 1, 2018.
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-94, div. A, §10031003,, 129 Stat. 1322, provided that: "Except as otherwise provided, this division [see Tables for classification], including the amendments made by this division, takes effect on October 1, 2015." Pub. L. 114-94, div. A, title III, §3029(c), Dec. 4, 2015, 129 Stat. 1496, provided that: "The amendments made by this section [amending this section and section 5314 of this title] shall take effect on the first day of the first pay period beginning on or after the first day of the first fiscal year beginning after the date of enactment of this Act [Dec. 4, 2015]."
EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113-291, div. A, title IX, §901(m)(1), Dec. 19, 2014, 128 Stat. 3468, which provided that the amendment made by section 901(m)(1) is effective on Feb. 1, 2017, was repealed by Pub. L. 115-91, div. A, title X, §1081(b)(1)(C), Dec. 12, 2017, 131 Stat. 1597, effective Dec. 23, 2016.
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 3001 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 3001 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, §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 Pub. L. 100-204, title I, §178(b), Dec. 22, 1987, 101 Stat. 1362, 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 Pub. L. 94-561, §5, Oct. 19, 1976, 90 Stat. 2643, 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 Pub. L. 90-407, §15(a)(4), July 18, 1968, 82 Stat. 367, 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 §15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.
TRANSFER OF FUNCTIONSFor 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.
BONUS ELIGIBILITY OF ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION Pub. L. 107-71, title I, §101(c)(2), Nov. 19, 2001, 115 Stat. 602, as amended by Pub. L. 115-254, div. K, title I, §1904(c)(1)(B), Oct. 5, 2018, 132 Stat. 3546, provided that: "In addition to the annual rate of pay authorized by section 5313 of title 5, United States Code, the Administrator of the Transportation Security Administration may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of pay, based on the Secretary of Homeland Security's evaluation of the Administrator'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 JUSTICEDirector 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 INCREASESFor 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.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONSOffice 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.