5 U.S.C. § 5312 — Positions at level I

Page 547 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5312 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 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 au- thorizing executive level positions in executive branch. § 5312. Positions at level I 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 Develop- ment. 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 Se- curity Administration. Director of National Drug Control Policy. Chairman, Board of Governors of the Federal Reserve System. Director of National Intelligence. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89–670, § 10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91–375, § 6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93–618, title I, § 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94–82, title II, § 202(b)(1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95–91, title VII, § 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–54, § 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–88, title V, § 508(c), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 97–456, § 3(d)(1), (5), Jan. 12, 1983, 96 Stat. 2505; Pub. L. 99–198, title XI, § 1113(d), Dec. 23, 1985, 99 Stat. 1480; Pub. L. 99–260, § 4(c), Mar. 20, 1986, 100 Stat. 49; Pub. L. 100–527, § 13(c), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100–679, § 11(a), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100–690, title I, § 1003(a)(4)(A), Nov. 18, 1988, 102 Stat. 4182; Pub. L. 103–296, title I, § 108(e)(1), Aug. 15, 1994, 108 Stat. 1486; Pub. L. 105–277, div. C, title VII, § 713(a)(1), Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 106–569, title X, § 1002(a)(1), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107–296, title XVII, § 1702(a)(1), Nov. 25, 2002, 116 Stat. 2313; Pub. L. 108–458, title I, § 1015(a), Dec. 17, 2004, 118 Stat. 3664.) 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, § 303(a), 78 Stat. 416. 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. Editorial Notes 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. AMENDMENTS 2004—Pub. L. 108–458 inserted item relating to Direc- tor of National Intelligence. 2002—Pub. L. 107–296 inserted item relating to Sec- retary of Homeland Security. 2000—Pub. L. 106–569 inserted item relating to Chair- man, Board of Governors of the Federal Reserve Sys- tem. 1998—Pub. L. 105–277 inserted item relating to Direc- tor of National Drug Control Policy. 1994—Pub. L. 103–296 inserted item relating to Com- missioner of Social Security, Social Security Adminis- tration. 1988—Pub. L. 100–690, §§ 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 Spe- cial 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, § 3(d)(5), substituted ‘‘United States Trade Representative’’ for ‘‘Special Representa- tive for Trade Negotiations’’. 1979—Pub. L. 96–88, § 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, § 508(c), added par. (15) relat- ing 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 an- nual rate of basic pay shall be rate determined with re- spect to such level under chapter 11 of title 2, as ad- justed by section 5318 of this title for provisions apply- ing 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) relat- ing to Postmaster General. 1966—Pub. L. 89–670 added par. (11) relating to Sec- retary of Housing and Urban Development, and par. (12) relating to Secretary of Transportation. Page 548 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5312 Statutory Notes and Related Subsidiaries 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 Pub. L. 106–569, title X, § 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. Pub. L. 100–679, § 11(e), Nov. 17, 1988, 102 Stat. 4070, provided that: ‘‘The amendments made by this section [amending sections 5312 to 5315 of this title] shall be ef- fective 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 Depart- ment 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. Pub. L. 96–54, § 2(a)(25)(B), Aug. 14, 1979, 93 Stat. 382, 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 pre- ceding 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 pre- scribes and publishes in Federal Register, see section 16(a), formerly § 15(a), of Pub. L. 89–670. SHORT TITLE OF 1975 AMENDMENT Pub. L. 94–82, title II, § 201, Aug. 9, 1975, 89 Stat. 419, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Executive Salary Cost-of-Living Adjustment Act’.’’ COMPENSATION AND EMOLUMENTS OF SECRETARY OF THE INTERIOR; FIXING AT LEVEL IN EFFECT ON JANU- ARY 1, 2005 Pub. L. 111–1, § 1, Jan. 16, 2009, 123 Stat. 3, provided that: ‘‘(a) IN GENERAL.—The compensation and other emoluments attached to the office of Secretary of the Interior shall be those in effect January 1, 2005, not- withstanding 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 begin- ning at noon of January 3, 2005, and ending at noon of January 3, 2011. ‘‘(b) CIVIL ACTION AND APPEAL.— ‘‘(1) JURISDICTION.—Any person aggrieved by an ac- tion of the Secretary of the Interior 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 the Interior on the ground that such ap- pointment 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 Co- lumbia 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 con- tinuance in office of the Secretary of the Interior 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 ex- pedite the disposition of any matter brought under this subsection. ‘‘(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 the Interior 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 en- tered. ‘‘(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 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, notwith- standing any increase in such compensation or emolu- ments 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 begin- ning 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 ac- tion of the Secretary of State may bring a civil ac- tion in the United States District Court for the Dis- trict of Columbia to contest the constitutionality of the appointment and continuance in office of the Sec- retary 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 ac- tion, without regard to the sum or value of the mat- ter in controversy. 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.