
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5311]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
               SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
 
Sec. 5311. The Executive Schedule

    The Executive Schedule, which is divided into five pay levels, is 
the basic pay schedule for positions, other than Senior Executive 
Service positions and positions in the Federal Bureau of Investigation 
and Drug Enforcement Administration Senior Executive Service, to which 
this subchapter applies.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 459; Pub. L. 95-454, title IV, 
Secs. 408(b)(1), 414(b)(1), Oct. 13, 1978, 92 Stat. 1173, 1178; Pub. L. 
96-54, Sec. 2(a)(24), Aug. 14, 1979, 93 Stat. 382; Pub. L. 100-325, 
Sec. 2(h)(1), (2), May 30, 1988, 102 Stat. 582; Pub. L. 101-509, title 
V, Sec. 529 [title I, Sec. 104(c)], Nov. 5, 1990, 104 Stat. 1427, 1447.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2210.                Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    302, 78 Stat. 415.
------------------------------------------------------------------------

    The words ``There is hereby established'' are omitted as executed. 
The word ``offices'' is omitted as included in ``positions''. The words 
``Executive Schedule'' are substituted for ``Federal Executive Salary 
Schedule''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1990--Pub. L. 101-509 struck out ``(a)'' before ``The Executive 
Schedule, which'' and struck out subsec. (b) which read as follows:
    ``(1) Not later than 180 days after the date of the enactment of the 
Civil Service Reform Act of 1978, the Director of the Office of 
Personnel Management shall determine the number and classification of 
executive level positions in existence in the executive branch on that 
date of enactment, and shall publish the determination in the Federal 
Register. Effective beginning on the date of the publication, the number 
of executive level positions within the executive branch may not exceed 
the number published under this subsection.
    ``(2) For the purpose of this subsection, `executive level position' 
means--
        ``(A) any office or position in the civil service the rate of 
    pay for which is equal to or greater than the rate of basic pay 
    payable for positions under section 5316 of this title, or
        ``(B) any such office or position the rate of pay for which may 
    be fixed by administrative action at a rate equal to or greater than 
    the rate of basic pay payable for positions under section 5316 of 
    this title;
but does not include any Senior Executive Service position (as defined 
in section 3132(a) of this title) or any position in the Federal Bureau 
of Investigation and Drug Enforcement Administration Senior Executive 
Service.''
    1988--Subsec. (a). Pub. L. 100-325, Sec. 2(h)(1), inserted reference 
to positions in Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service.
    Subsec. (b)(2). Pub. L. 100-325, Sec. 2(h)(2), substituted ``(as 
defined in section 3132(a) of this title) or any position in the Federal 
Bureau of Investigation and Drug Enforcement Administration Senior 
Executive Service'' for ``, as defined in section 3132(a) of this 
title'' in concluding provision.
    1979--Subsec. (b)(1). Pub. L. 96-54 inserted ``of the Office of 
Personnel Management'' after ``Director''.
    1978--Pub. L. 95-454, Sec. 408(b)(1), inserted reference to Senior 
Executive Service positions.
    Pub. L. 95-454, Sec. 414(b)(1), designated existing provisions as 
subsec. (a) and added subsec. (b).


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 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 authorizing executive level 
positions in executive branch.

                  Section Referred to in Other Sections

    This section is referred to in title 21 section 1703; title 33 
section 2309.
