5 U.S.C. § 5313 — Positions at level II

Page 549 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313 ‘‘(2) THREE JUDGE PANEL.—Any claim challenging the constitutionality of the appointment and con- tinuance in office of the Secretary of State on the ground that such appointment and continuance in of- fice is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under para- graph (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 dis- trict court to advance on the docket and to expedite the disposition of any matter brought under this sub- section. ‘‘(3) APPEAL.— ‘‘(A) DIRECT APPEAL TO SUPREME COURT.—An ap- peal 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 Sec- retary 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 pre- sented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the ap- peal 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 emolu- ments 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 Fi- nance. COMPENSATION AND EMOLUMENTS OF SECRETARY OF STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 1977 Pub. L. 96–241, § 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 end- ing on the date on which the first individual appointed to that office after May 3, 1980, ceases to hold that of- fice. COMPENSATION AND EMOLUMENTS OF ATTORNEY GEN- ERAL; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 1969 Provisions of Pub. L. 93–178, § 1, Dec. 10, 1973, 87 Stat. 697, which fixed the compensation and other emolu- ments 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 recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of this title. § 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. Deputy Secretary of State for Management and Resources. Administrator, Agency for International De- velopment. 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 Secu- rity 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 Tech- nology. Director of the Central Intelligence Agency. Secretary of the Air Force. Secretary of the Army. Secretary of the Navy. Administrator, Federal Aviation Adminis- tration. Director of the National Science Founda- tion. Deputy Attorney General. Deputy Secretary of Energy. Deputy Secretary of Agriculture. Director of the Office of Personnel Manage- ment. Administrator, Federal Highway Adminis- tration. Administrator of the Environmental Protec- tion Agency. Deputy Secretary of Labor. Deputy Director of the Office of Manage- ment and Budget. Independent Members, Thrift Depositor Pro- tection Oversight Board. Deputy Secretary of Health and Human Services. Deputy Secretary of the Interior. Deputy Secretary of Education. Deputy Secretary of Housing and Urban De- velopment. 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 Develop- ment Financial Institutions Fund. Deputy Director of National Drug Control Policy. Members, Board of Governors of the Federal Reserve System. Under Secretary of Transportation for Pol- icy. Chief Executive Officer, Millennium Chal- lenge Corporation. Principal Deputy Director of National Intel- ligence. Page 550 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313 Director of the National Counterterrorism Center. Administrator of the Federal Emergency Management Agency. Federal Transit Administrator. Chief Executive Officer, United States Inter- national Development Finance Corporation. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89–670, § 10(d)(2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90–83, § 1(13), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90–407, § 15(a)(1), July 18, 1968, 82 Stat. 366; Pub. L. 91–644, title I, § 8(b), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 92–255, title II, § 212(a), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92–302, § 2(a), May 18, 1972, 86 Stat. 149; Pub. L. 92–352, title I, § 104(1), July 13, 1972, 86 Stat. 490; Pub. L. 92–596, § 6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93–438, title III, § 310(1), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93–496, § 16(c), Oct. 28, 1974, 88 Stat. 1533; Pub. L. 94–82, title II, § 202(b)(2), Aug. 9, 1975, 89 Stat. 419; Pub. L. 94–237, § 4(c)(6), Mar. 19, 1976, 90 Stat. 244; Pub. L. 94–561, § 1(a), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95–91, title VII, § 710(d), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95–140, § 3(d)(1), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95–454, title II, § 201(b)(1), Oct. 13, 1978, 92 Stat. 1121; Pub. L. 96–54, § 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–465, title II, § 2302, Oct. 17, 1980, 94 Stat. 2164; Pub. L. 97–449, §§ 3(1), 7(b), Jan. 12, 1983, 96 Stat. 2441, 2444; Pub. L. 98–80, § 2(a)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. 98–216, § 3(a)(1), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99–348, title V, § 501(d)(1), July 1, 1986, 100 Stat. 708; Pub. L. 99–619, § 2(a)(2), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 100–204, title I, § 178(a)(1), Dec. 22, 1987, 101 Stat. 1362; Pub. L. 100–527, § 13(d), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100–679, § 11(b), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 101–73, title V, § 501(c), Aug. 9, 1989, 103 Stat. 394; Pub. L. 101–509, title V, § 529 [title I, § 112(b)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 101–576, title II, § 207(a), Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102–233, title III, § 315(b), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 102–550, title XIII, § 1351(a), Oct. 28, 1992, 106 Stat. 3969; Pub. L. 103–160, div. A, title IX, § 904(e)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–296, title I, § 108(e)(2), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 103–325, title I, § 104(i), Sept. 23, 1994, 108 Stat. 2169; Pub. L. 105–277, div. C, title VII, § 713(a)(2), div. G, subdiv. A, title XII, § 1224(1), title XIII, § 1332(1), Oct. 21, 1998, 112 Stat. 2681–693, 2681–772, 2681–785; Pub. L. 106–65, div. A, title IX, § 911(e), Oct. 5, 1999, 113 Stat. 719; Pub. L. 106–553, § 1(a)(2) [title IV, § 404(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A–96; Pub. L. 106–569, title X, § 1002(a)(2), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107–71, title I, § 101(c)(1), Nov. 19, 2001, 115 Stat. 602; Pub. L. 107–295, title II, § 215(b), Nov. 25, 2002, 116 Stat. 2102; Pub. L. 107–296, title XVII, § 1702(a)(2), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108–199, div. D, title VI, § 604(b)(4)(B), Jan. 23, 2004, 118 Stat. 212; Pub. L. 108–458, title I, § 1015(b), Dec. 17, 2004, 118 Stat. 3664; Pub. L. 109–295, title VI, § 612(a)(1), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 110–53, title XXIV, § 2405(e), Aug. 3, 2007, 121 Stat. 550; Pub. L. 110–289, div. A, title I, § 1161(g)(1), July 30, 2008, 122 Stat. 2780; Pub. L. 111–259, title VIII, § 807(a), Oct. 7, 2010, 124 Stat. 2749; Pub. L. 113–291, div. A, title IX, § 901(m)(1), Dec. 19, 2014, 128 Stat. 3468; Pub. L. 114–94, div. A, title III, § 3029(a), title VI, § 6011(d)(1)(A), Dec. 4, 2015, 129 Stat. 1496, 1569; Pub. L. 114–328, div. A, title IX, § 901(h), Dec. 23, 2016, 130 Stat. 2342; Pub. L. 115–31, div. N, title III, § 312, May 5, 2017, 131 Stat. 816; Pub. L. 115–91, div. A, title IX, §§ 903(a), 910(d), title X, § 1081(b)(1)(C), Dec. 12, 2017, 131 Stat. 1512, 1518, 1597; Pub. L. 115–254, div. F, title I, § 1413(d)(4), div. K, title I, § 1904(c)(1)(A), Oct. 5, 2018, 132 Stat. 3489, 3546; Pub. L. 116–92, div. A, title IX, § 902(93)(B), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), div. H, title XC, § 9001(b)(1), Jan. 1, 2021, 134 Stat. 3794, 4766.) 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. 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 pro- vides that the position of Director of the Federal Bu- reau 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, with- out repealing the corresponding provision of the source statute, in effect leaves existing statute unchanged in- sofar as it relates to the present incumbent of the posi- tion of Director of the Federal Bureau of Investigation. Standard changes are made to conform with the defi- nitions 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 Sep- tember 9, 1965, Public Law 89–174, sections 5(a), 9(c), 79 Stat. 669, 671. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 9001(b)(1), inserted item relat- ing to Director, Cybersecurity and Infrastructure Secu- rity 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 re- lating 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 De- fense, 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 Sec- retary of Defense for Acquisition, Technology, and Lo- gistics 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 re- lating to Under Secretary of Transportation for Secu- rity. Page 551 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313 Pub. L. 114–94, § 3029(a), inserted item relating to Fed- eral Transit Administrator. 2014—Pub. L. 113–291, § 901(m)(1), which directed inser- tion 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 Cen- tral Intelligence Agency’’ for ‘‘Director of Central In- telligence’’. 2008—Pub. L. 110–289 substituted ‘‘Director of the Fed- eral Housing Finance Agency’’ for ‘‘Director of the Of- fice of Federal Housing Enterprise Oversight, Depart- ment 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 Admin- istrator of the Federal Emergency Management Agen- cy. 2004—Pub. L. 108–458 inserted items relating to Prin- cipal Deputy Director of National Intelligence, Direc- tor of the National Counterterrorism Center, and Di- rector of the National Counter Proliferation Center. Pub. L. 108–199 inserted item relating to Chief Execu- tive 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 Sec- retary 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 Sec- retary 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 Tech- nology’’. 1998—Pub. L. 105–277, § 1332(1), struck out item relat- ing to Director of the United States Information Agen- cy. Pub. L. 105–277, § 1224(1), struck out item relating to Director of the United States Arms Control and Disar- mament 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 Admin- istrator of the Community Development Financial In- stitutions Fund. Pub. L. 103–296 inserted item relating to Deputy Com- missioner of Social Security, Social Security Adminis- tration. 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 Direc- tor of the Office of Federal Housing Enterprise Over- sight, Department of Housing and Urban Development. 1991—Pub. L. 102–233 substituted ‘‘Independent Mem- bers, 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 Sec- retary of Health and Human Services, Deputy Sec- retary of the Interior, Deputy Secretary of Education, and Deputy Secretary of Housing and Urban Develop- ment. 1989—Pub. L. 101–73 inserted item relating to Inde- pendent 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 Man- agement and Budget. Pub. L. 100–527 substituted ‘‘Deputy Secretary of Vet- erans Affairs’’ for ‘‘Administrator of Veterans’ Af- fairs’’. 1987—Pub. L. 100–204 struck out item relating to Am- bassadors at Large. 1986—Pub. L. 99–619 inserted item relating to Deputy Secretary of Labor. Pub. L. 99–348 inserted item relating to Under Sec- retary of Defense for Acquisition. 1984—Pub. L. 98–216 substituted ‘‘Director of the Of- fice of Management and Budget’’ for ‘‘Director of the Bureau of the Budget’’. 1983—Pub. L. 98–80 inserted item relating to Adminis- trator of Environmental Protection Agency. Pub. L. 97–449, § 3(1), inserted item relating to Admin- istrator, Federal Highway Administration. 1980—Pub. L. 96–465 inserted item relating to Ambas- sadors 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 Sec- retary 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) re- lating 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 ad- justed by section 5318 of this title, for provisions apply- ing such level II to positions for which annual rate of basic pay is $30,000. 1974—Par. (7). Pub. L. 93–496 substituted ‘‘Deputy Sec- retary of Transportation’’ for ‘‘Under Secretary for Transportation’’. Par. (8). Pub. L. 93–438 substituted ‘‘Chairman, Nu- clear 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 Sec- retaries of Defense (2)’’ for ‘‘Deputy Secretary of De- fense’’. 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 Dep- uty Secretary of the Treasury. A prior par. (6), ‘‘Ad- ministrator of the Housing and Home Finance Agen- cy,’’ 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 Di- rector of Special Action Office for Drug Abuse Preven- tion. 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) re- lating to Administrator, Federal Aviation Administra- tion. Statutory Notes and Related Subsidiaries 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 Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Page 552 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5313 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 Engi- neering 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 ef- fective 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, § 1003, Dec. 4, 2015, 129 Stat. 1322, provided that: ‘‘Except as otherwise provided, this divi- sion [see Tables for classification], including the amendments made by this division, takes effect on Oc- tober 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 enact- ment 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 Memo- randum 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 Amend- ment; 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, Do- mestic 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 Mem- bers 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 sec- tion 5312 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 1224(1) of Pub. L. 105–277 effec- tive 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 effec- tive 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 Sec- retary 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 Depart- ment 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 sub- section (a) [amending sections 5313 and 5315 of this title] shall take effect 30 days after the date of enact- ment of this Act [Dec. 22, 1987] and shall not affect the salary of any individual holding the rank of Ambas- sador at Large immediately before the date of enact- ment of this Act during the period such individual con- tinues to serve in such position.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–619 applicable to incum- bent 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 [amend- ing section 5316 of this title] shall take effect upon ap- pointment of a Presidential appointee to fill the suc- Page 553 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5314 cessor position created by section 2 of this Act [section 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; In- terim 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, pro- vided 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 FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion 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 Secu- rity, and for treatment of related references, see sec- tions 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 Adminis- trator of the Transportation Security Administration may receive a bonus for any calendar year not to ex- ceed 30 percent of the annual rate of pay, based on the Secretary of Homeland Security’s evaluation of the Ad- ministrator’s performance.’’ PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a posi- tion created or authorized by Pub. L. 92–302, not eligi- ble 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, Depart- ment of Justice to receive compensation at rate pre- scribed for level II of Federal Executive Salary Sched- ule [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 recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of this title. Executive Documents 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 Founda- tion 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. § 5314. Positions at level III 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 Sec- retary of Commerce for Economic Affairs, Under Secretary of Commerce for Industry and Security, Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Develop- ment. Under Secretaries of State (6). Under Secretaries of the Treasury (3). Administrator of General Services. Administrator of the Small Business Admin- istration. Deputy Administrator, Agency for Inter- national Development. Chairman of the Merit Systems Protection Board. Chairman, Federal Communications Com- mission. Chairman, Board of Directors, Federal De- posit Insurance Corporation. Chairman, Federal Energy Regulatory Com- mission. Chairman, Federal Trade Commission. Chairman, Surface Transportation Board. Chairman, National Labor Relations Board. Chairman, Securities and Exchange Commis- sion. 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 Research and Engineering. Under Secretary of Defense for Acquisition and Sustainment. 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 and Security.