
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-71 Section 101(c)(1)]
[Document affected by Public Law 107-71 Section 101(c)(2)]
[CITE: 5USC5313]

 
             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. 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 Development.
        Administrator of the National Aeronautics and Space 
    Administration.
        Deputy Secretary of Veterans Affairs.
        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 Central Intelligence.
        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.
        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 Office of Federal Housing Enterprise Oversight, 
    Department of Housing and Urban Development.
        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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, 
Sec. 10(d)(2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(13), 
Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-407, Sec. 15(a)(1), July 18, 
1968, 82 Stat. 366; Pub. L. 91-644, title I, Sec. 8(b), Jan. 2, 1971, 84 
Stat. 1888; Pub. L. 92-255, title II, Sec. 212(a), Mar. 21, 1972, 86 
Stat. 69; Pub. L. 92-302, Sec. 2(a), May 18, 1972, 86 Stat. 149; Pub. L. 
92-352, title I, Sec. 104(1), July 13, 1972, 86 Stat. 490; Pub. L. 92-
596, Sec. 6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93-438, title III, 
Sec. 310(1), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-496, Sec. 16(c), 
Oct. 28, 1974, 88 Stat. 1533; Pub. L. 94-82, title II, Sec. 202(b)(2), 
Aug. 9, 1975, 89 Stat. 419; Pub. L. 94-237, Sec. 4(c)(6), Mar. 19, 1976, 
90 Stat. 244; Pub. L. 94-561, Sec. 1(a), Oct. 19, 1976, 90 Stat. 2643; 
Pub. L. 95-91, title VII, Sec. 710(d), Aug. 4, 1977, 91 Stat. 609; Pub. 
L. 95-140, Sec. 3(d)(1), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-454, 
title II, Sec. 201(b)(1), Oct. 13, 1978, 92 Stat. 1121; Pub. L. 96-54, 
Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-465, title II, 
Sec. 2302, Oct. 17, 1980, 94 Stat. 2164; Pub. L. 97-449, Secs. 3(1), 
7(b), Jan. 12, 1983, 96 Stat. 2441, 2444; Pub. L. 98-80, Sec. 2(a)(1), 
Aug. 23, 1983, 97 Stat. 485; Pub. L. 98-216, Sec. 3(a)(1), Feb. 14, 
1984, 98 Stat. 6; Pub. L. 99-348, title V, Sec. 501(d)(1), July 1, 1986, 
100 Stat. 708; Pub. L. 99-619, Sec. 2(a)(2), Nov. 6, 1986, 100 Stat. 
3491; Pub. L. 100-204, title I, Sec. 178(a)(1), Dec. 22, 1987, 101 Stat. 
1362; Pub. L. 100-527, Sec. 13(d), Oct. 25, 1988, 102 Stat. 2643; Pub. 
L. 100-679, Sec. 11(b), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 101-73, 
title V, Sec. 501(c), Aug. 9, 1989, 103 Stat. 394; Pub. L. 101-509, 
title V, Sec. 529 [title I, Sec. 112(b)], Nov. 5, 1990, 104 Stat. 1427, 
1454; Pub. L. 101-576, title II, Sec. 207(a), Nov. 15, 1990, 104 Stat. 
2846; Pub. L. 102-233, title III, Sec. 315(b), Dec. 12, 1991, 105 Stat. 
1772; Pub. L. 102-550, title XIII, Sec. 1351(a), Oct. 28, 1992, 106 
Stat. 3969; Pub. L. 103-160, div. A, title IX, Sec. 904(e)(1), Nov. 30, 
1993, 107 Stat. 1728; Pub. L. 103-296, title I, Sec. 108(e)(2), Aug. 15, 
1994, 108 Stat. 1486; Pub. L. 103-325, title I, Sec. 104(i), Sept. 23, 
1994, 108 Stat. 2169; Pub. L. 105-277, div. C, title VII, 
Sec. 713(a)(2), div. G, subdiv. A, title XII, Sec. 1224(1), title XIII, 
Sec. 1332(1), Oct. 21, 1998, 112 Stat. 2681-693, 2681-772, 2681-785; 
Pub. L. 106-65, div. A, title IX, Sec. 911(e), Oct. 5, 1999, 113 Stat. 
719; Pub. L. 106-553, Sec. 1(a)(2) [title IV, Sec. 404(b)], Dec. 21, 
2000, 114 Stat. 2762, 2762A-96; Pub. L. 106-569, title X, 
Sec. 1002(a)(2), Dec. 27, 2000, 114 Stat. 3028.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2211(b) (less        Aug. 14, 1964, Pub.
                      (15)).                        L. 88-426, Sec.
                                                    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 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 August 14, 1964. 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.

                            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 September 9, 1965, Public Law 89-174, 
sections 5(a), 9(c), 79 Stat. 669, 671.


                               Amendments

    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 Secretary 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 Technology''.
    1998--Pub. L. 105-277, Sec. 1332(1), struck out item relating to 
Director of the United States Information Agency.
    Pub. L. 105-277, Sec. 1224(1), struck out item relating to Director 
of the United States Arms Control and Disarmament Agency.
    Pub. L. 105-277, Sec. 713(a)(2), inserted item relating to Deputy 
Director of National Drug Control Policy.
    1994--Pub. L. 103-325 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.
    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 Director of the 
Office of Federal Housing Enterprise Oversight, Department of Housing 
and Urban Development.
    1991--Pub. L. 102-233 substituted ``Independent Members, 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 Secretary of 
Health and Human Services, Deputy Secretary of the Interior, Deputy 
Secretary of Education, and Deputy Secretary of Housing and Urban 
Development.
    1989--Pub. L. 101-73 inserted item relating to Independent 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 Management and Budget.
    Pub. L. 100-527 substituted ``Deputy Secretary of Veterans Affairs'' 
for ``Administrator of Veterans' Affairs''.
    1987--Pub. L. 100-204 struck out item relating to Ambassadors at 
Large.
    1986--Pub. L. 99-619 inserted item relating to Deputy Secretary of 
Labor.
    Pub. L. 99-348 inserted item relating to Under Secretary of Defense 
for Acquisition.
    1984--Pub. L. 98-216 substituted ``Director of the Office of 
Management and Budget'' for ``Director of the Bureau of the Budget''.
    1983--Pub. L. 98-80 inserted item relating to Administrator of 
Environmental Protection Agency.
    Pub. L. 97-499, Sec. 3(1), inserted item relating to Administrator, 
Federal Highway Administration.
    1980--Pub. L. 96-465 inserted item relating to Ambassadors 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 Secretary 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) relating 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 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.
    1974--Par. (7). Pub. L. 93-496 substituted ``Deputy Secretary of 
Transportation'' for ``Under Secretary for Transportation''.
    Par. (8). Pub. L. 93-438 substituted ``Chairman, Nuclear 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 Secretaries of 
Defense (2)'' for ``Deputy Secretary of Defense''.
    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 Deputy Secretary 
of the Treasury. A prior par. (6), ``Administrator of the Housing and 
Home Finance Agency,'' was repealed by Pub. L. 90-83, Sec. 1(13), Sept. 
11, 1967, 81 Stat. 198.
    Par. (21). Pub. L. 92-255 added par. (21) relating to Director of 
Special Action Office for Drug Abuse Prevention.
    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) relating to Administrator, Federal 
Aviation Administration.


                    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 Members 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 section 5312 of this 
title.


                    Effective Date of 1998 Amendment

    Amendment by section 1224(1) of Pub. L. 105-277 effective 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 effective 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 Secretary of 
Housing and Urban Development, see section 529 [title I, Sec. 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 Department of Veterans Affairs 
Act note under section 301 of Title 38, Veterans' Benefits.


                    Effective Date of 1987 Amendment

    Section 178(b) of Pub. L. 100-204 provided that: ``The amendments 
made by subsection (a) [amending sections 5313 and 5315 of this title] 
shall take effect 30 days after the date of enactment of this Act [Dec. 
22, 1987] and shall not affect the salary of any individual holding the 
rank of Ambassador at Large immediately before the date of enactment of 
this Act during the period such individual continues to serve in such 
position.''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-619 applicable to incumbent 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

    Section 5 of Pub. L. 94-561 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 [amending section 
5316 of this title] shall take effect upon appointment of a Presidential 
appointee to fill the successor 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; Interim 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

    Section 15(a)(4) of Pub. L. 90-407 provided 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 Sec. 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, 
Mar. 30, 1967, 32 F.R. 5453.

                          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 Foundation 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.


                            Salary Increases

    2001--Salaries of positions at level II increased to $145,100 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 2001, as provided by Ex. Ord. No. 13182, Dec. 23, 2000, 
65 F.R. 82879, 66 F.R. 10057, set out as a note under section 5332 of 
this title.
    2000--Salaries of positions at level II increased to $141,300 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 
64 F.R. 72237.
    1999--Salaries of positions at level II continued at $136,700 per 
annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
    1998--Salaries of positions at level II increased to $136,700 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 
62 F.R. 68521.
    1997--Salaries of positions at level II continued at $133,600 per 
annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
    1996--Salaries of positions at level II continued at $133,600 per 
annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
    1995--Salaries of positions at level II continued at $133,600 per 
annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
    1993--Salaries of positions at level II increased to $133,600 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 
57 F.R. 62909.
    1992--Salaries of positions at level II increased to $129,500 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 
56 F.R. 67453.
    1991--Salaries of positions at level II increased to $125,100 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 
55 F.R. 51385.
    1990--Salaries of positions at level II continued at $89,500 per 
annum, and increased to $96,600 per annum, effective on the first day of 
the first pay period beginning on or after Jan. 31, 1990, as provided by 
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
    1989--Salaries of positions at level II continued at $89,500 per 
annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
    1988--Salaries of positions at level II continued at $89,500 per 
annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
    1987--Salaries of positions at level II increased to $89,500 per 
annum, on recommendation of the President of the United States, see note 
set out under section 358 of Title 2, The Congress.
    Salaries of positions at level II increased to $77,400 per annum, 
effective on the first day of the first pay period beginning on or after 
Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 
505.
    1985--Salaries of positions at level II increased to $75,100 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 
50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 
577.
    1984--Salaries of positions at level II increased to $72,600 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 
49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; 
Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
    1982--Salaries of positions at level II increased to $77,300 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 
47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to 
section 101(e) of Pub. L. 97-276 funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1982, which was 
$60,662.50.
    Maximum rate payable after Dec. 17, 1982, increased from $60,662.50 
to $69,800.00, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 
1982, 96 Stat. 1914, set out as a note under section 5318 of this title.
    Limitations on use of funds for fiscal year ending Sept. 30, 1983, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, 
as amended, set out as a note under section 5318 of this title.
    1981--Salaries of positions at level II increased to $74,300 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 
46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to 
section 101(c) of Pub. L. 97-51 funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1981, which was 
$60,662.50.
    Limitations on use of funds for fiscal year ending Sept. 30, 1982, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see sections 101(g) and 141 of Pub. 
L. 97-92, set out as a note under section 5318 of this title.
    1980--Salaries of positions at level II increased to $70,900 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 
45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to 
section 101(c) of Pub. L. 96-369, funds are not available to pay a 
salary at a rate which exceeds the rate in effect on Sept. 30, 1980, 
which was $60,662.50.
    Limitations on use of funds for fiscal year ending Sept. 30, 1981, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, 
as amended, set out as a note under section 5318 of this title.
    1979--Salaries of positions at level II increased to $65,000 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 
44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 
16443. Ex. Ord. No. 12165 further provided that pursuant to section 
101(c) of Pub. L. 96-86 funds appropriated for fiscal year 1980 may not 
be used to pay a salary at a rate which exceeds an increase of 5.5 
percent over the rate in effect on Sept. 30, 1978, which is a maximum 
rate payable of $60,662.50.
    Applicability to funds appropriated by any Act for fiscal year 
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on 
use of funds to pay the salary or pay of any individual in legislative, 
executive, or judicial branch in position equal to or above level V of 
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a 
note under section 5318 of this title.
    1978--Salaries of positions at level II increased to $60,700 per 
annum, effective in the first pay period beginning on or after Oct. 1, 
1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. 
Ex. Ord. No. 12087, further provided that pursuant to the Legislative 
Branch Appropriation Act, 1979, funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1978, which was 
$57,500.
    Limitations on use of funds for fiscal year ending Sept. 30, 1979, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal or above 
level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and 
section 613 of Pub. L. 95-429, set out as a note under section 5318 of 
this title.
    1977--Salaries of positions at level II increased to $57,500 per 
annum, on recommendation of the President of the United States, see note 
set out under section 358 of Title 2, The Congress.
    1976--Salaries of positions at level II increased to $46,800 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 
43889. Ex. Ord. No. 11941, further provided that pursuant to the 
Legislative Branch Appropriation Act, 1977, funds are not available to 
pay a salary at a rate which exceeds the rate in effect on Sept. 30, 
1976, which was $44,600.
    1975--Salaries of positions at level II increased to $44,600 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 
47091.
    1969--Salaries of positions at level II increased from $30,000 to 
$42,500 per annum, commencing on the first day of the pay period which 
begins after February 14, 1969, on recommendation of the President of 
the United States, see note set out under section 358 of Title 2, The 
Congress.


                      Pay Increase; Effective Date

    Persons occupying a position under the Executive Schedule on May 18, 
1972, and later appointed to a position created or authorized by Pub. L. 
92-302, not eligible 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, 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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 5315, 5377, 5380, 8432 of 
this title; title 2 sections 136a-2, 362; title 3 sections 105, 106, 
108; title 10 section 973; title 18 section 207; title 22 section 3961; 
title 25 section 4042; title 26 section 3121; title 28 section 591; 
title 31 section 703; title 42 sections 210, 410, 1864, 4346, 5871, 
5872, 6612, 7132, 7211, 7291, 7293; title 49 section 106.
