5 U.S.C. § 5313

Section 5313 · Positions at level II

Current version, with additions and removals from the May 5, 2017 version.

Current — January 1, 2021

As of May 5, 2017

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.

Under Secretary of Defense for ~~Acquisition, Technology,~~ and ~~Logistics.~~

Under Secretary of Defense for Research and Engineering.

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.

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Versions

Jan 1, 2021 – presentcurrentviewing
Annual edition
Pub. L. 116–283, § 9001(b)(1), inserted item relating to Director, Cybersecurity and Infrastructure Security Agency.
▸ what changed
Source credit
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.
Dec 20, 2019 – Jan 1, 2021
OLRC release point
Pub. L. 116–92 struck out item relating to Under Secretary of Defense for Research and Engineering.
▸ what changed changes vs current →
Source credit
Pub. L. 116–92, div. A, title IX, § 902(93)(B), Dec. 20, 2019, 133 Stat. 1554
Oct 5, 2018 – Dec 20, 2019
Annual edition
Pub. L. 115–254, § 1904(c)(1)(A), inserted item relating to Administrator of the Transportation Security Administration.
▸ what changed changes vs current →
Source credit
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
Dec 12, 2017 – Oct 5, 2018
Annual edition
Pub. L. 115–91, § 1081(b)(1)(C), repealed Pub. L. 113–291, § 901(m)(1). See 2014 Amendment note below.
▸ what changed changes vs current →
Source credit
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
May 5, 2017 – Dec 12, 2017
OLRC release point
Pub. L. 115–91, § 1081(b)(1)(C), repealed Pub. L. 113–291, § 901(m)(1). See 2014 Amendment note below.
▸ what changed changes vs current →
Source credit
Pub. L. 115–31, div. N, title III, § 312, May 5, 2017, 131 Stat. 816
Dec 23, 2016 – May 5, 2017
OLRC release point
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.
▸ what changed changes vs current →
Source credit
Pub. L. 114–328, div. A, title IX, § 901(h), Dec. 23, 2016, 130 Stat. 2342
Dec 4, 2015 – Dec 23, 2016
Annual edition
Pub. L. 114–94, § 6011(d)(1)(A), struck out item relating to Under Secretary of Transportation for Security.
changes vs current →
Source credit
Pub. L. 114–94, div. A, title III, § 3029(a), title VI, § 6011(d)(1)(A), Dec. 4, 2015, 129 Stat. 1496, 1569
Dec 19, 2014 – Dec 4, 2015
Amended · full text not held
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).
Source credit
Pub. L. 113–291, div. A, title IX, § 901(m)(1), Dec. 19, 2014, 128 Stat. 3468
Oct 7, 2010 – Dec 19, 2014
Annual edition
Pub. L. 111–259 substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”.
▸ what changed changes vs current →
Source credit
Pub. L. 111–259, title VIII, § 807(a), Oct. 7, 2010, 124 Stat. 2749
Jul 30, 2008 – Oct 7, 2010
Annual edition
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”.
▸ what changed changes vs current →
Source credit
Pub. L. 110–289, div. A, title I, § 1161(g)(1), July 30, 2008, 122 Stat. 2780
Aug 3, 2007 – Jul 30, 2008
Annual edition
Pub. L. 110–53 inserted item relating to Under Secretary of Homeland Security for Management.
▸ what changed changes vs current →
Source credit
Pub. L. 110–53, title XXIV, § 2405(e), Aug. 3, 2007, 121 Stat. 550
Oct 4, 2006 – Aug 3, 2007
Annual edition
Pub. L. 109–295 inserted item relating to Administrator of the Federal Emergency Management Agency.
▸ what changed changes vs current →
Source credit
Pub. L. 109–295, title VI, § 612(a)(1), Oct. 4, 2006, 120 Stat. 1410
Dec 17, 2004 – Oct 4, 2006
Annual edition
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.
changes vs current →
Source credit
Pub. L. 108–458, title I, § 1015(b), Dec. 17, 2004, 118 Stat. 3664
Jan 23, 2004 – Dec 17, 2004
Amended · full text not held
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.
Source credit
Pub. L. 108–199, div. D, title VI, § 604(b)(4)(B), Jan. 23, 2004, 118 Stat. 212
Nov 25, 2002 – Jan 23, 2004
Annual edition
Pub. L. 107–296 inserted item relating to Deputy Secretary of Homeland Security.
changes vs current →
Source credit
Pub. L. 107–295, title II, § 215(b), Nov. 25, 2002, 116 Stat. 2102
Nov 19, 2001 – Nov 25, 2002
Amended · full text not held
Pub. L. 107–71 inserted item relating to Under Secretary of Transportation for Security.
Source credit
Pub. L. 107–71, title I, § 101(c)(1), Nov. 19, 2001, 115 Stat. 602
Dec 27, 2000 – Nov 19, 2001
Annual edition
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.
changes vs current →
Source credit
Pub. L. 106–569, title X, § 1002(a)(2), Dec. 27, 2000, 114 Stat. 3028
Dec 21, 2000 – Dec 27, 2000
Amended · full text not held
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.
Source credit
Pub. L. 106–553, § 1(a)(2) [title IV, § 404(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A–96
Oct 5, 1999 – Dec 21, 2000
Annual edition
Pub. L. 106–65 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
▸ what changed changes vs current →
Source credit
Pub. L. 106–65, div. A, title IX, § 911(e), Oct. 5, 1999, 113 Stat. 719
Oct 21, 1998 – Oct 5, 1999
Annual edition
Pub. L. 105–277, § 1332(1), struck out item relating to Director of the United States Information Agency.
▸ what changed changes vs current →
Source credit
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
Sep 23, 1994 – Oct 21, 1998
Annual edition
Pub. L. 103–325 inserted item relating to Administrator of the Community Development Financial Institutions Fund.
changes vs current →
Source credit
Pub. L. 103–325, title I, § 104(i), Sept. 23, 1994, 108 Stat. 2169
Aug 15, 1994 – Sep 23, 1994
Amended · full text not held
Pub. L. 103–325 inserted item relating to Administrator of the Community Development Financial Institutions Fund.
Source credit
Pub. L. 103–296, title I, § 108(e)(2), Aug. 15, 1994, 108 Stat. 1486
Nov 30, 1993 – Aug 15, 1994
Amended · full text not held
Pub. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.
Source credit
Pub. L. 103–160, div. A, title IX, § 904(e)(1), Nov. 30, 1993, 107 Stat. 1728
Oct 28, 1992 – Nov 30, 1993
Amended · full text not held
Pub. L. 102–550 inserted item relating to Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development.
Source credit
Pub. L. 102–550, title XIII, § 1351(a), Oct. 28, 1992, 106 Stat. 3969
Dec 12, 1991 – Oct 28, 1992
Amended · full text not held
Pub. L. 102–233 substituted “Independent Members, Thrift Depositor Protection Oversight Board” for “Independent Members, Oversight Board, Resolution Trust Corporation”.
Source credit
Pub. L. 102–233, title III, § 315(b), Dec. 12, 1991, 105 Stat. 1772
Nov 15, 1990 – Dec 12, 1991
Amended · full text not held
Pub. L. 101–576 inserted item relating to Deputy Director for Management, Office of Management and Budget.
Source credit
Pub. L. 101–576, title II, § 207(a), Nov. 15, 1990, 104 Stat. 2846
Nov 5, 1990 – Nov 15, 1990
Amended · full text not held
Pub. L. 101–576 inserted item relating to Deputy Director for Management, Office of Management and Budget.
Source credit
Pub. L. 101–509, title V, § 529 [title I, § 112(b)], Nov. 5, 1990, 104 Stat. 1427, 1454
Aug 9, 1989 – Nov 5, 1990
Amended · full text not held
Pub. L. 101–73 inserted item relating to Independent Members, Oversight Board, Resolution Trust Corporation.
Source credit
Pub. L. 101–73, title V, § 501(c), Aug. 9, 1989, 103 Stat. 394
Nov 17, 1988 – Aug 9, 1989
Amended · full text not held
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.
Source credit
Pub. L. 100–679, § 11(b), Nov. 17, 1988, 102 Stat. 4070
Oct 25, 1988 – Nov 17, 1988
Amended · full text not held
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.
Source credit
Pub. L. 100–527, § 13(d), Oct. 25, 1988, 102 Stat. 2643
Dec 22, 1987 – Oct 25, 1988
Amended · full text not held
Pub. L. 100–204 struck out item relating to Ambassadors at Large.
Source credit
Pub. L. 100–204, title I, § 178(a)(1), Dec. 22, 1987, 101 Stat. 1362
Nov 6, 1986 – Dec 22, 1987
Amended · full text not held
Pub. L. 99–619 inserted item relating to Deputy Secretary of Labor.
Source credit
Pub. L. 99–619, § 2(a)(2), Nov. 6, 1986, 100 Stat. 3491
Jul 1, 1986 – Nov 6, 1986
Amended · full text not held
Pub. L. 99–619 inserted item relating to Deputy Secretary of Labor.
Source credit
Pub. L. 99–348, title V, § 501(d)(1), July 1, 1986, 100 Stat. 708
Feb 14, 1984 – Jul 1, 1986
Amended · full text not held
Pub. L. 98–216 substituted “Director of the Office of Management and Budget” for “Director of the Bureau of the Budget”.
Source credit
Pub. L. 98–216, § 3(a)(1), Feb. 14, 1984, 98 Stat. 6
Aug 23, 1983 – Feb 14, 1984
Amended · full text not held
Pub. L. 98–80 inserted item relating to Administrator of Environmental Protection Agency.
Source credit
Pub. L. 98–80, § 2(a)(1), Aug. 23, 1983, 97 Stat. 485
Jan 12, 1983 – Aug 23, 1983
Amended · full text not held
Pub. L. 98–80 inserted item relating to Administrator of Environmental Protection Agency.
Source credit
Pub. L. 97–449, §§ 3(1), 7(b), Jan. 12, 1983, 96 Stat. 2441, 2444
Oct 17, 1980 – Jan 12, 1983
Amended · full text not held
Pub. L. 96–465 inserted item relating to Ambassadors at Large.
Source credit
Pub. L. 96–465, title II, § 2302, Oct. 17, 1980, 94 Stat. 2164
Aug 14, 1979 – Oct 17, 1980
Amended · full text not held
Pars. (1)–(24). Pub. L. 96–54 struck out paragraph designations for positions listed herein.
Source credit
Pub. L. 96–54, § 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382
Oct 13, 1978 – Aug 14, 1979
Amended · full text not held
Par. (24). Pub. L. 95–454 added par. (24) relating to Director of Office of Personnel Management.
Source credit
Pub. L. 95–454, title II, § 201(b)(1), Oct. 13, 1978, 92 Stat. 1121
Oct 21, 1977 – Oct 13, 1978
Amended · full text not held
Par. (1). Pub. L. 95–140 substituted “Deputy Secretary of Defense” for “Deputy Secretaries of Defense (2)”.
Source credit
Pub. L. 95–140, § 3(d)(1), Oct. 21, 1977, 91 Stat. 1173
Aug 4, 1977 – Oct 21, 1977
Amended · full text not held
Par. (1). Pub. L. 95–140 substituted “Deputy Secretary of Defense” for “Deputy Secretaries of Defense (2)”.
Source credit
Pub. L. 95–91, title VII, § 710(d), Aug. 4, 1977, 91 Stat. 609
Oct 19, 1976 – Aug 4, 1977
Amended · full text not held
Par. (21). Pub. L. 94–237 struck out par. (21) relating to Director of Special Action Office for Drug Abuse Prevention.
Source credit
Pub. L. 94–561, § 1(a), Oct. 19, 1976, 90 Stat. 2643
Mar 19, 1976 – Oct 19, 1976
Amended · full text not held
Par. (21). Pub. L. 94–237 struck out par. (21) relating to Director of Special Action Office for Drug Abuse Prevention.
Source credit
Pub. L. 94–237, § 4(c)(6), Mar. 19, 1976, 90 Stat. 244
Aug 9, 1975 – Mar 19, 1976
Amended · full text not held
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.
Source credit
Pub. L. 94–82, title II, § 202(b)(2), Aug. 9, 1975, 89 Stat. 419
Oct 28, 1974 – Aug 9, 1975
Amended · full text not held
Par. (7). Pub. L. 93–496 substituted “Deputy Secretary of Transportation” for “Under Secretary for Transportation”.
Source credit
Pub. L. 93–496, § 16(c), Oct. 28, 1974, 88 Stat. 1533
Oct 11, 1974 – Oct 28, 1974
Amended · full text not held
Par. (7). Pub. L. 93–496 substituted “Deputy Secretary of Transportation” for “Under Secretary for Transportation”.
Source credit
Pub. L. 93–438, title III, § 310(1), Oct. 11, 1974, 88 Stat. 1252
Oct 27, 1972 – Oct 11, 1974
Amended · full text not held
Par. (1). Pub. L. 92–596 substituted “Deputy Secretaries of Defense (2)” for “Deputy Secretary of Defense”.
Source credit
Pub. L. 92–596, § 6, Oct. 27, 1972, 86 Stat. 1318
Jul 13, 1972 – Oct 27, 1972
Amended · full text not held
Par. (1). Pub. L. 92–596 substituted “Deputy Secretaries of Defense (2)” for “Deputy Secretary of Defense”.
Source credit
Pub. L. 92–352, title I, § 104(1), July 13, 1972, 86 Stat. 490
May 18, 1972 – Jul 13, 1972
Amended · full text not held
Par. (1). Pub. L. 92–596 substituted “Deputy Secretaries of Defense (2)” for “Deputy Secretary of Defense”.
Source credit
Pub. L. 92–302, § 2(a), May 18, 1972, 86 Stat. 149
Mar 21, 1972 – May 18, 1972
Amended · full text not held
Par. (1). Pub. L. 92–596 substituted “Deputy Secretaries of Defense (2)” for “Deputy Secretary of Defense”.
Source credit
Pub. L. 92–255, title II, § 212(a), Mar. 21, 1972, 86 Stat. 69
Jan 2, 1971 – Mar 21, 1972
Amended · full text not held
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.
Source credit
Pub. L. 91–644, title I, § 8(b), Jan. 2, 1971, 84 Stat. 1888
Jul 18, 1968 – Jan 2, 1971
Amended · full text not held
Par. (19). Pub. L. 90–407 added par. (19) relating to Director of National Science Foundation.
Source credit
Pub. L. 90–407, § 15(a)(1), July 18, 1968, 82 Stat. 366
Sep 11, 1967 – Jul 18, 1968
Amended · full text not held
Source credit
Pub. L. 90–83, § 1(13), Sept. 11, 1967, 81 Stat. 198
Oct 15, 1966 – Sep 11, 1967
Amended · full text not held
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.
Source credit
Pub. L. 89–670, § 10(d)(2), Oct. 15, 1966, 80 Stat. 948
Sep 6, 1966 – Oct 15, 1966
Enacted · full text not held
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.
Source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460

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