5 U.S.C. § 5313

August 14, 1964The 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 The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the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 . 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.

Act1967

5 U.S.C. 5313September 9, 1965Public Law 89–17479 Stat. 669The deletion of paragraph (6) of reflects the abolition of the position of “Administrator of the Housing and Home Finance Agency” by the act of , , sections 5(a), 9(c), , 671.

Editorial Notes

References in Text

section 225 of Pub. L. 90–206Chapter 11 of title 2, referred to in text, probably means , which is classified generally to chapter 11 (§ 351 et seq.) of Title 2, The Congress. For complete classification of section 225 to the Code, see Tables.

Amendments

Pub. L. 116–283, § 9001(b)(1)2021—, inserted item relating to Director, Cybersecurity and Infrastructure Security Agency.

Pub. L. 116–283, § 901(a)(2)(B)Pub. L. 115–91, § 910(d), repealed by . See 2017 Amendment note below.

Pub. L. 116–922019— struck out item relating to Under Secretary of Defense for Research and Engineering.

Pub. L. 115–254, § 1904(c)(1)(A)2018—, 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.

Pub. L. 115–91, § 1081(b)(1)(C)Pub. L. 113–291, § 901(m)(1)2017—, repealed . See 2014 Amendment note below.

Pub. L. 115–91, § 910(d)Pub. L. 116–283, § 901(a)(2)(B), which inserted item relating to Chief Management Officer of the Department of Defense, was repealed by .

Pub. L. 115–91, § 903(a)Pub. L. 114–328, § 901(h), amended . See 2016 Amendment note below.

Pub. L. 115–31 struck out item relating to Director of the National Counter Proliferation Center.

Pub. L. 114–328, § 901(h)2016—, 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.

Pub. L. 114–94, § 6011(d)(1)(A)2015—, struck out item relating to Under Secretary of Transportation for Security.

Pub. L. 114–94, § 3029(a), inserted item relating to Federal Transit Administrator.

Pub. L. 113–291, § 901(m)(1)Pub. L. 115–91, § 1081(b)(1)(C)2014—, which directed insertion of item relating to Under Secretary of Defense for Business Management and Information, was repealed by .

Pub. L. 111–2592010— substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”.

Pub. L. 110–2892008— substituted “Director of the Federal Housing Finance Agency” for “Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development”.

Pub. L. 110–532007— inserted item relating to Under Secretary of Homeland Security for Management.

Pub. L. 109–2952006— inserted item relating to Administrator of the Federal Emergency Management Agency.

Pub. L. 108–4582004— 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.

Pub. L. 107–2962002— inserted item relating to Deputy Secretary of Homeland Security.

Pub. L. 107–295 inserted item relating to Under Secretary of Transportation for Policy.

Pub. L. 107–712001— inserted item relating to Under Secretary of Transportation for Security.

Pub. L. 106–5692000— 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.

Pub. L. 106–651999— substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Pub. L. 105–277, § 1332(1)1998—, 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.

Pub. L. 103–3251994— 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.

Pub. L. 103–1601993— substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

Pub. L. 102–5501992— inserted item relating to Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development.

Pub. L. 102–2331991— substituted “Independent Members, Thrift Depositor Protection Oversight Board” for “Independent Members, Oversight Board, Resolution Trust Corporation”.

Pub. L. 101–5761990— 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.

Pub. L. 101–731989— inserted item relating to Independent Members, Oversight Board, Resolution Trust Corporation.

Pub. L. 100–6791988— 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”.

Pub. L. 100–2041987— struck out item relating to Ambassadors at Large.

Pub. L. 99–6191986— inserted item relating to Deputy Secretary of Labor.

Pub. L. 99–348 inserted item relating to Under Secretary of Defense for Acquisition.

Pub. L. 98–2161984— substituted “Director of the Office of Management and Budget” for “Director of the Bureau of the Budget”.

Pub. L. 98–801983— inserted item relating to Administrator of Environmental Protection Agency.

Pub. L. 97–449, § 3(1), inserted item relating to Administrator, Federal Highway Administration.

Pub. L. 96–4651980— inserted item relating to Ambassadors at Large.

Pub. L. 96–541979—Pars. (1)–(24). struck out paragraph designations for positions listed herein.

Pub. L. 95–4541978—Par. (24). added par. (24) relating to Director of Office of Personnel Management.

Pub. L. 95–1401977—Par. (1). substituted “Deputy Secretary of Defense” for “Deputy Secretaries of Defense (2)”.

Pub. L. 95–91Par. (22). substituted “Deputy Secretary of Energy” for “Administrator of Energy Research and Development Administration”.

Pub. L. 94–2371976—Par. (21). struck out par. (21) relating to Director of Special Action Office for Drug Abuse Prevention.

Pub. L. 94–561Par. (23). added par. (23) relating to Deputy Secretary of Agriculture.

Pub. L. 94–82section 5318 of this title1975— 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 , for provisions applying such level II to positions for which annual rate of basic pay is $30,000.

Pub. L. 93–4961974—Par. (7). substituted “Deputy Secretary of Transportation” for “Under Secretary for Transportation”.

Pub. L. 93–438Par. (8). substituted “Chairman, Nuclear Regulatory Commission” for “Chairman, Atomic Energy Commission”.

Pub. L. 93–438Par. (22). added par. (22) relating to Deputy Secretary of Energy.

Pub. L. 92–5961972—Par. (1). substituted “Deputy Secretaries of Defense (2)” for “Deputy Secretary of Defense”.

Pub. L. 92–352Par. (2). substituted “Deputy Secretary of State” for “Under Secretary of State”.

Pub. L. 92–302Pub. L. 90–83, § 1(13)Sept. 11, 196781 Stat. 198Par. (6). 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. 92–255Par. (21). added par. (21) relating to Director of Special Action Office for Drug Abuse Prevention.

Pub. L. 91–644section 5314(1) of this title1971—Par. (20). added par. (20) relating to position of Deputy Attorney General being formerly level III under former .

Pub. L. 90–4071968—Par. (19). added par. (19) relating to Director of National Science Foundation.

Pub. L. 89–6701966— 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 Name

Pub. L. 109–295Mar. 31, 2007section 612(f)(2) of Pub. L. 109–295section 313 of Title 6Any reference to the Administrator of the Federal Emergency Management Agency in title VI of or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until , see , set out as a note under , Domestic Security.

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title IX, § 902(93)(C)Dec. 20, 2019133 Stat. 1554

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title IX, § 910(d)Dec. 12, 2017131 Stat. 1518Feb. 1, 2018Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B)Jan. 1, 2021134 Stat. 3794, , , which provided that the amendment made by section 910(d) (amending this section) was effective on , was repealed by , , .

Pub. L. 115–91, div. A, title X, § 1081(b)(1)Dec. 12, 2017131 Stat. 1597Dec. 23, 2016, , , provided that the amendment made by section 1081(b)(1)(C) is effective as of .

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title IX, § 901(h)Dec. 23, 2016130 Stat. 2341Feb. 1, 2018, , , provided that the amendment made by section 901(h) is effective on .

Effective Date of 2015 Amendment

Pub. L. 114–94, div. A, § 1003Dec. 4, 2015129 Stat. 1322

Pub. L. 114–94, div. A, title III, § 3029(c)Dec. 4, 2015129 Stat. 1496

Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title IX, § 901(m)(1)Dec. 19, 2014128 Stat. 3468Feb. 1, 2017Pub. L. 115–91, div. A, title X, § 1081(b)(1)(C)Dec. 12, 2017131 Stat. 1597Dec. 23, 2016, , , which provided that the amendment made by section 901(m)(1) is effective on , was repealed by , , , effective .

Effective Date of 2004 Amendment

Pub. L. 108–458Apr. 21, 2005Apr. 21, 2005section 3001 of Title 50For Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under , War and National Defense.

Pub. L. 108–458Dec. 17, 2004section 1097(a) of Pub. L. 108–458section 3001 of Title 50Amendment by effective not later than six months after , except as otherwise expressly provided, see , set out as an Effective Date of 2004 Amendment; Transition Provisions note under , War and National Defense.

Effective Date of 2002 Amendment

Pub. L. 107–296Nov. 25, 2002section 4 of Pub. L. 107–296section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Effective Date of 2000 Amendment

Pub. L. 106–569Dec. 27, 2000section 1002(b) of Pub. L. 106–569section 5312 of this titleAmendment by 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 , see , set out as a note under .

Effective Date of 1998 Amendment

section 1224(1) of Pub. L. 105–277Apr. 1, 1999section 1201 of Pub. L. 105–277section 6511 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

section 1332(1) of Pub. L. 105–277Oct. 1, 1999section 1301 of Pub. L. 105–277section 6531 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1991 Amendment

Pub. L. 102–233Feb. 1, 1992section 318 of Pub. L. 102–233section 1441 of Title 12Amendment by effective , see , set out as a note under , Banks and Banking.

Effective Date of 1990 Amendment

Pub. L. 101–509Nov. 5, 1990Pub. L. 101–509section 3404 of Title 20Amendment by effective on first day of first pay period beginning on or after , 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 , set out as a note under , Education.

Effective Date of 1988 Amendments

Pub. L. 100–679Jan. 20, 1989section 11(e) of Pub. L. 100–679section 5312 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 100–527Mar. 15, 1989section 18(a) of Pub. L. 100–527section 301 of Title 38Amendment by effective , see , set out as a Department of Veterans Affairs Act note under , Veterans’ Benefits.

Effective Date of 1987 Amendment

Pub. L. 100–204, title I, § 178(b)Dec. 22, 1987101 Stat. 1362

Effective Date of 1986 Amendment

Pub. L. 99–619Nov. 6, 1986section 2(f)(1) of Pub. L. 99–619section 552 of Title 29Amendment by applicable to incumbent Under Secretary of Labor on , serving after such date, see , set out as a Present Incumbent note under , Labor.

Effective Date of 1980 Amendment

Pub. L. 96–465Feb. 15, 1981section 2403 of Pub. L. 96–465section 3901 of Title 22Amendment by effective , except as otherwise provided, see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Effective Date of 1979 Amendment

Pub. L. 96–54Jan. 1, 1980section 2(a)(25)(B) of Pub. L. 96–54section 5312 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–561, § 5Oct. 19, 197690 Stat. 2643

Effective Date of 1974 Amendment

Pub. L. 93–438Oct. 11, 1974Oct. 11, 1974section 312(a) of Pub. L. 93–438section 5801 of Title 42Amendment of effective 120 days after , 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 , see , set out as an Effective Date; Interim Appointments note under .

Effective Date of 1972 Amendment

Pub. L. 92–302May 18, 1972section 3 of Pub. L. 92–302May 18, 197286 Stat. 149Amendment by effective , see , , .

Effective Date of 1968 Amendment

Pub. L. 90–407, § 15(a)(4)July 18, 196882 Stat. 367

Effective Date of 1966 Amendment

Pub. L. 89–670April 1, 1967Pub. L. 89–670Mar. 30, 1967Amendment by effective , see section 16(a), formerly § 15(a), of , and Ex. Ord. No. 11340, , 32 F.R. 5453.

Transfer of Functions

November 25, 2002section 542 of Title 6For 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 , as modified, set out as a note under .

Bonus Eligibility of Administrator of the Transportation Security Administration

Pub. L. 107–71, title I, § 101(c)(2)Nov. 19, 2001115 Stat. 602Pub. L. 115–254, div. K, title I, § 1904(c)(1)(B)Oct. 5, 2018132 Stat. 3546

Pay Increase; Effective Date

May 18, 1972Pub. L. 92–302Jan. 21, 1973section 3(c) of Pub. L. 92–302May 18, 197286 Stat. 149Persons occupying a position under the Executive Schedule on , and later appointed to a position created or authorized by , not eligible to an increase on basic pay until , see , , .

Director of the Federal Bureau of Investigation, Department of Justice

June 19, 1968section 1101(a) of Pub. L. 90–351June 19, 196882 Stat. 236section 532 of Title 28Director 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 , ceases to serve as Director, see , , , set out as a note under , Judiciary and Judicial Procedure.

Salary Increases

section 5332 of this titleFor 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 358 of Title 2For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under , The Congress.

section 5318 of this titleFor miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under .

Executive Documents

Transfer of Functions

July 1, 1973Office 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 , set out in the Appendix to this title.