
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: 5USC5317]

 
             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. 5317. Presidential authority to place positions at levels 
        IV and V
        
    In addition to the positions listed in sections 5315 and 5316 of 
this title, the President, from time to time, may place in levels IV and 
V of the Executive Schedule positions held by not to exceed 34 
individuals when he considers that action necessary to reflect changes 
in organization, management responsibilities, or workload in an 
Executive agency. Such an action with respect to a position to which 
appointment is made by the President by and with the advice and consent 
of the Senate is effective only at the time of a new appointment to the 
position. Notice of each action taken under this section shall be 
published in the Federal Register, except when the President determines 
that the publication would be contrary to the interest of national 
security. The President may not take action under this section with 
respect to a position the pay for which is fixed at a specific rate by 
this subchapter or by statute enacted after August 14, 1964.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub. L. 89-670, 
Sec. 10(d)(6), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, Sec. 1(17), 
Sept. 11, 1967, 81 Stat. 199.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2211(f).             Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    303(f), 78 Stat.
                                                    421.
------------------------------------------------------------------------

    The word ``offices'' is omitted as included in ``positions''. The 
term ``Executive agency'' is substituted for ``Federal department or 
agency'' in view of the definition in section 105. The words ``after 
August 14, 1964'' are substituted for ``subsequent to the date of 
enactment of this Act''.
    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 amendment to 5 U.S.C. 5317 conforms to the style of title 5.


                               Amendments

    1966--Pub. L. 89-670 increased from thirty to thirty-four the number 
of additional level IV and V positions authorized when necessary.


                    Effective Date of 1966 Amendment

    Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by 
President and published in Federal Register, 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.

                        Executive Order No. 11189

    Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855, which placed 
certain positions in levels IV and V of the Executive Schedule, was 
revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.

                        Executive Order No. 11195

    Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169, which placed 
certain positions in levels IV and V of the Executive Schedule, was 
revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.

                        Executive Order No. 11861

    Ex. Ord. 11861, May 21, 1975, 40 F.R. 22531, as amended by Ex. Ord. 
No. 11864, June 13, 1975, 40 F.R. 25579; Ex. Ord. No. 11872, July 21, 
1975, 40 F.R. 30619; Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797; 
Ex. Ord. No. 11885, Oct. 15, 1975, 40 F.R. 48491; Ex. Ord. No. 11893, 
Dec. 31, 1975, 41 F.R. 1040; Ex. Ord. No. 11898, Jan. 14, 1976, 41 F.R. 
2365; Ex. Ord. No. 11908, Mar. 18, 1976, 41 F.R. 11805; Ex. Ord. No. 
11927, July 22, 1976, 41 F.R. 30583; Ex. Ord. No. 11976, Mar. 11, 1977, 
42 F.R. 14081; Ex. Ord. No. 11983, May 4, 1977, 42 F.R. 23127; Ex. Ord. 
No. 11986, May 20, 1977, 42 F.R. 26407; Ex. Ord. No. 11995, June 8, 
1977, 42 F.R. 29841; Ex. Ord. No. 11999, June 27, 1977, 42 F.R. 33255; 
Ex. Ord. No. 12025, Dec. 1, 1977, 42 F.R. 61447; Ex. Ord. No. 12035, 
Jan. 20, 1978, 43 F.R. 3073; Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 
21315; Ex. Ord. No. 12069, June 30, 1978, 43 F.R. 28973, which related 
to the placement of certain positions in levels IV and V, was revoked by 
Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, formerly set out 
below.

                        Executive Order No. 11864

    Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579, which placed the 
position of Adviser to the Secretary (Counselor, Economic Policy Board), 
Department of the Treasury, to terminate effective August 1, 1975, in 
level IV of the Executive Schedule was superseded by Ex. Ord. No. 11877, 
Sept. 2, 1975, 40 F.R. 40797.

                        Executive Order No. 11995

    Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841, which placed the 
position of Executive Director, Federal Personnel Management Systems 
Study, United States Civil Service Commission, in level V of the 
Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 
F.R. 21315.

                        Executive Order No. 12076

    Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, as amended by Ex. 
Ord. No. 12099, Nov. 17, 1978, 43 F.R. 54191; Ex. Ord. No. 12111, Jan. 
2, 1979, 44 F.R. 1071; Ex. Ord. No. 12119, Feb. 14, 1979, 44 F.R. 10039, 
which related to the placement of positions in levels IV and V of the 
Federal Executive Salary Schedule, was revoked by Ex. Ord. No. 12154, 
Sept. 4, 1979, 44 F.R. 51965, set out below.

      Ex. Ord. No. 12154. Placement of Positions in Levels IV and V

    Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, as amended by Ex. 
Ord. No. 12199, Mar. 12, 1980, 45 F.R. 16441; Ex. Ord. No. 12236, Sept. 
3, 1980, 45 F.R. 58805; Ex. Ord. No. 12237, Sept. 3, 1980, 45 F.R. 
58807; Ex. Ord. No. 12422, May 20, 1983, 48 F.R. 23157; Ex. Ord. No. 
12431, July 8, 1983, 48 F.R. 31849; Ex. Ord. No. 12608, Sept. 9, 1987, 
52 F.R. 34617; Ex. Ord. No. 12678, Apr. 28, 1989, 54 F.R. 18872; Ex. 
Ord. No. 12679, June 23, 1989, 54 F.R. 27149; Ex. Ord. No. 12749, Feb. 
4, 1991, 56 F.R. 4711; Ex. Ord. No. 12758, Apr. 5, 1991, 56 F.R. 14631; 
Ex. Ord. No. 12814, Sept. 10, 1992, 57 F.R. 42483; Ex. Ord. No. 12833, 
Jan. 19, 1993, 58 F.R. 5907; Ex. Ord. No. 12841, Mar. 9, 1993, 58 F.R. 
13529; Ex. Ord. No. 12942, Dec. 12, 1994, 59 F.R. 64551; Ex. Ord. No. 
13063, Sept. 30, 1997, 62 F.R. 51757, provided:
    By the authority vested in me as President by Section 5317 of Title 
5 of the United States Code it is hereby ordered as follows:

                1-1. Executive Schedule Positions

    1-101. The following positions are placed in level IV of the 
Executive Schedule:
    (a) Counselor to the Secretary, Department of the Treasury.
    (b) Deputy Under Secretary for International Labor Affairs, 
Department of Labor.
    (c) Administrator, Alcohol, Drug Abuse and Mental Health 
Administration, Department of Health and Human Services.
    (d) Executive Secretary of the National Security Council.
    (e) Administrator, Office of Juvenile Justice and Delinquency 
Prevention, Department of Justice.
    (f) Comptroller of the Department of Defense [now Under Secretary of 
Defense (Comptroller)].
    (g) Assistant Secretary of the Air Force (1).
    (h) Director, Office for Victims of Crime, Department of Justice.
    (i) Director, Bureau of Justice Assistance, Department of Justice.
    (j) Director of the National Institutes of Health.
    (k) Members, Chemical Safety and Hazard Investigation Board (5).
    (k)[(l)] Commissioner on Aging [now Assistant Secretary for Aging], 
Department of Health and Human Services[.]
    1-102. The following positions are placed in level V of the 
Executive Schedule:
    (a) Deputy Assistant Secretary of Defense for Reserve Affairs, 
Department of Defense.
    (b) Executive Assistant and Counselor to the Secretary of Labor, 
Department of Labor.
    (c) Deputy Under Secretary for Education, Department of Education.
    (d) Deputy Under Secretary for Education, Department of Education.
    (e) Commissioner, Administration for Native Americans[.]

                     1-2. General Provisions

    1-201. Nothing in this Order shall be deemed to terminate or 
otherwise affect the appointment, or to require the reappointment, of 
any occupant of any position listed in Section 1-1 of this Order who was 
the occupant of that position immediately prior to the issuance of this 
Order.
    1-202. Executive Order No. 12076, as amended, is hereby revoked.

                  Section Referred to in Other Sections

    This section is referred to in sections 5377, 5380, 8432 of this 
title; title 10 section 973; title 26 section 3121; title 28 sections 
548, 587; title 42 section 410.
