### §5314. Positions at level III

Level III 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:

Solicitor General of the United States.

Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Industry and Security, Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development.

Under Secretaries of State (6).

Under Secretaries of the Treasury (3).

Administrator of General Services.

Administrator of the Small Business Administration.

Deputy Administrator, Agency for International Development.

Chairman of the Merit Systems Protection Board.

Chairman, Federal Communications Commission.

Chairman, Board of Directors, Federal Deposit Insurance Corporation.

Chairman, Federal Energy Regulatory Commission.

Chairman, Federal Trade Commission.

Chairman, Surface Transportation Board.

Chairman, National Labor Relations Board.

Chairman, Securities and Exchange Commission.

Chairman, National Mediation Board.

Chairman, Railroad Retirement Board.

Chairman, Federal Maritime Commission.

Comptroller of the Currency.

Commissioner of Internal Revenue.

Under Secretary of Defense for Research and Engineering.

Under Secretary of Defense for Acquisition and Sustainment.

Under Secretary of Defense for Policy.

Under Secretary of Defense (Comptroller).

Under Secretary of Defense for Personnel and Readiness.

Under Secretary of Defense for Intelligence and Security.

Under Secretary of the Air Force.

Under Secretary of the Army.

Under Secretary of the Navy.

Deputy Administrator of the National Aeronautics and Space Administration.

Deputy Director of the Central Intelligence Agency.

Director of the Office of Emergency Planning.

Director of the Peace Corps.

Deputy Director, National Science Foundation.

President of the Export-Import Bank of Washington.

Members, Nuclear Regulatory Commission.

Members, Defense Nuclear Facilities Safety Board.

Director of the Federal Bureau of Investigation, Department of Justice.

Administrator of the National Highway Traffic Safety Administration.

Administrator of the Federal Motor Carrier Safety Administration.

Administrator, Federal Railroad Administration.

Chairman, National Transportation Safety Board.

Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts.

Chairman of the National Endowment for the Humanities.

Director of the Federal Mediation and Conciliation Service.

Chairman, Postal Regulatory Commission.

Chairman, Occupational Safety and Health Review Commission.

Governor of the Farm Credit Administration.

Chairman, Equal Employment Opportunity Commission.

Chairman, Consumer Product Safety Commission.

Under Secretaries of Energy (3).

Chairman, Commodity Futures Trading Commission.

Deputy United States Trade Representatives (3).

Chief Agricultural Negotiator, Office of the United States Trade Representative.

Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative.

Chairman, United States International Trade Commission.

Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration.

Under Secretary of Commerce for Standards and Technology, who also serves as Director of the National Institute of Standards and Technology.

Associate Attorney General.

Chairman, Federal Mine Safety and Health Review Commission.

Chairman, National Credit Union Administration Board.

Deputy Director of the Office of Personnel Management.

Under Secretary of Agriculture for Farm Production and Conservation.

Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.

Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.

Under Secretary of Agriculture for Natural Resources and Environment.

Under Secretary of Agriculture for Research, Education, and Economics.

Under Secretary of Agriculture for Food Safety.

Under Secretary of Agriculture for Marketing and Regulatory Programs.

Director, Institute for Scientific and Technological Cooperation.

Under Secretary of Agriculture for Rural Development.

Administrator, Maritime Administration.

Executive Director Property Review Board.

Deputy Administrator of the Environmental Protection Agency.

Archivist of the United States.

Executive Director, Federal Retirement Thrift Investment Board.

Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.1

Director, Trade and Development Agency.

Under Secretary for Health, Department of Veterans Affairs.

Under Secretary for Benefits, Department of Veterans Affairs.

Under Secretary for Memorial Affairs, Department of Veterans Affairs.

Under Secretaries, Department of Homeland Security.

Director of the Bureau of Citizenship and Immigration Services.

Director of the Office of Government Ethics.

Administrator for Federal Procurement Policy.

Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget.

Director of the Office of Thrift Supervision.

Chairperson of the Federal Housing Finance Board.

Executive Secretary, National Space Council.

Controller, Office of Federal Financial Management, Office of Management and Budget.

Administrator, Office of the Assistant Secretary for Research and Technology of the Department of Transportation.

Deputy Director for Demand Reduction, Office of National Drug Control Policy.

Deputy Director for Supply Reduction, Office of National Drug Control Policy.

Deputy Director for State and Local Affairs, Office of National Drug Control Policy.

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

Register of Copyrights.

Commissioner of U.S. Customs and Border Protection, Department of Homeland Security.

Under Secretary of Education 2

Administrator of the Centers for Medicare & Medicaid Services.

Administrator of the Office of Electronic Government.

Administrator, Pipeline and Hazardous Materials Safety Administration.

Director, Pension Benefit Guaranty Corporation.

Deputy Administrators, Federal Emergency Management Agency.

Deputy Administrator, Transportation Security Administration.

Chief Executive Officer, International Clean Energy Foundation.

Independent Member of the Financial Stability Oversight Council (1).

Director of the Office of Financial Research.

Director of the National Reconnaissance Office.

Special Counsel of the Office of Special Counsel.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89–670, §10(d)(3), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90–83, §1(14), Sept. 11, 1967, 81 Stat. 198; Pub. L. 90–206, title II, §215(a), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90–351, title I, §505, June 19, 1968, 82 Stat. 205, as amended by Pub. L. 91–644, title I, §7(1), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 90–407, §15(a)(2), July 18, 1968, 82 Stat. 367; Pub. L. 90–623, §1(26), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 91–175, pt. V, §503(1), Dec. 30, 1969, 83 Stat. 826; Pub. L. 91–375, §6(c)(13), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91–596, §12(c)(1), Dec. 29, 1970, 84 Stat. 1604; Pub. L. 91–644, title I, §§7(1), 8(a), Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 92–181, title V, §5.41(a), formerly §5.27(a), Dec. 10, 1971, 85 Stat. 625, as renumbered Pub. L. 99–205, title II, §205(a)(2), Dec. 23, 1985, 99 Stat. 1703; Pub. L. 92–226, pt. IV, §403, Feb. 7, 1972, 86 Stat. 34; Pub. L. 92–261, §9(a), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92–302, §2(b), May 18, 1972, 86 Stat. 149; Pub. L. 92–352, title I, §104(2), July 13, 1972, 86 Stat. 490; Pub. L. 92–573, §4(h)(1), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93–438, title III, §310(2), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93–463, title I, §102(a), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93–618, title I, §§141(b)(3)(B), 172(c)(1), Jan. 3, 1975, 88 Stat. 1999, 2010; Pub. L. 94–82, title II, §202(b)(3), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94–123, §2(c)(1), Oct. 22, 1975, 89 Stat. 670; Pub. L. 94–183, §2(17), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 92–255, title II, §209(a), as added Pub. L. 94–237, §4(b), Mar. 19, 1976, 90 Stat. 243; Pub. L. 94–461, §4(a), Oct. 8, 1976, 90 Stat. 1969; Pub. L. 94–561, §1(b), Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95–91, title VII, §710(e), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95–139, §3, Oct. 19, 1977, 91 Stat. 1171; Pub. L. 95–140, §3(d)(2), Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95–164, title III, §302(c)(1), Nov. 9, 1977, 91 Stat. 1320; Pub. L. 95–426, title I, §114(b)(1), Oct. 7, 1978, 92 Stat. 969; Pub. L. 95–454, title II, §§201(b)(2), 202(c)(1), Oct. 13, 1978, 92 Stat. 1121, 1131; Pub. L. 95–501, title V, §501(b), Oct. 21, 1978, 92 Stat. 1691; Pub. L. 95–630, title V, §502(d), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96–53, title IV, §412(a), Aug. 14, 1979, 93 Stat. 377; Pub. L. 96–54, §2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–88, title V, §508(d), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 90–351, title I, §808, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1204; Pub. L. 96–355, §3(b), Sept. 24, 1980, 94 Stat. 1173; Pub. L. 97–31, §12(1)(A), Aug. 6, 1981, 95 Stat. 153; Pub. L. 97–63, §4(a)(4), Oct. 16, 1981, 95 Stat. 1014; Pub. L. 97–195, §1(b)(1), June 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, §123, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 97–449, §3(2), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 97–456, §3(d)(1), (6), Jan. 12, 1983, 96 Stat. 2505, 2506; Pub. L. 98–80, §2(b)(1), Aug. 23, 1983, 97 Stat. 485; Pub. L. 98–164, title I, §125(b)(1), Nov. 22, 1983, 97 Stat. 1026; Pub. L. 98–216, §3(a)(2), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98–443, §9(e), Oct. 4, 1984, 98 Stat. 1707; Pub. L. 98–473, title II, §609J(a), Oct. 12, 1984, 98 Stat. 2102; Pub. L. 98–497, title I, §107(h), Oct. 19, 1984, 98 Stat. 2292; Pub. L. 99–64, title I, §116(b), July 12, 1985, 99 Stat. 153; Pub. L. 99–93, title I, §116(b), title VII, §704(a)(1), Aug. 16, 1985, 99 Stat. 412, 445; Pub. L. 99–335, title II, §203, June 6, 1986, 100 Stat. 591; Pub. L. 99–348, title V, §501(d)(2), July 1, 1986, 100 Stat. 708; Pub. L. 99–500, §101(c) [title X, §§902(b), 903(b)(2)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, §101(c) [title X, §§902(b), 903(b)(2)(A)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–619, §2(a)(3), Nov. 6, 1986, 100 Stat. 3491; Pub. L. 99–659, title IV, §407(e)(1), Nov. 14, 1986, 100 Stat. 3740; Pub. L. 99–661, div. A, title IX, formerly title IV, §§902(b), 903(b)(2)(A), Nov. 14, 1986, 100 Stat. 3911, 3912, as renumbered Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–418, title II, §2204(d)(1), Aug. 23, 1988, 102 Stat. 1331; Pub. L. 100–456, div. A, title XIV, §1441(b), Sept. 29, 1988, 102 Stat. 2084; Pub. L. 100–519, title II, §201(d)(4), Oct. 24, 1988, 102 Stat. 2594; Pub. L. 100–527, §13(e), Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100–598, §8, Nov. 3, 1988, 102 Stat. 3035; Pub. L. 100–679, §11(c), Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100–690, title I, §§1003(a)(4)(B), 1007(c)(3), Nov. 18, 1988, 102 Stat. 4182, 4188; Pub. L. 101–73, title VII, §742(a)(1), Aug. 9, 1989, 103 Stat. 436; Pub. L. 101–328, §3(b), July 8, 1990, 104 Stat. 308; Pub. L. 101–509, title V, §529 [title I, §112(d)], Nov. 5, 1990, 104 Stat. 1427, 1455; Pub. L. 101–576, title II, §207(b), Nov. 15, 1990, 104 Stat. 2846; Pub. L. 102–103, title II, §202, Aug. 17, 1991, 105 Stat. 498; Pub. L. 102–233, title III, §315(c), Dec. 12, 1991, 105 Stat. 1772; Pub. L. 102–240, title III, §3004(d)(1), Dec. 18, 1991, 105 Stat. 2088; Pub. L. 102–378, §2(28), Oct. 2, 1992, 106 Stat. 1350; Pub. L. 102–405, title III, §302(d), Oct. 9, 1992, 106 Stat. 1985; Pub. L. 102–508, title IV, §401(c), Oct. 24, 1992, 106 Stat. 3310; Pub. L. 102–549, title II, §202(d), Oct. 28, 1992, 106 Stat. 3658; Pub. L. 102–552, title II, §201(b)(1), Oct. 28, 1992, 106 Stat. 4105; Pub. L. 103–160, div. A, title IX, §§901(b), 903(b), 904(e)(2), Nov. 30, 1993, 107 Stat. 1726, 1727, 1729; Pub. L. 103–204, §5(b)(1), Dec. 17, 1993, 107 Stat. 2382; Pub. L. 103–211, title II, §2003(b), Feb. 12, 1994, 108 Stat. 24; Pub. L. 103–236, title I, §162(d)(1), Apr. 30, 1994, 108 Stat. 405; Pub. L. 103–337, div. A, title IX, §903(c), Oct. 5, 1994, 108 Stat. 2823; Pub. L. 103–354, title II, §§225(e)(2), 231(f)(2), 241(e), 245(e), 251(g), formerly 251(e), 261(c), 285(e), Oct. 13, 1994, 108 Stat. 3214, 3219, 3222, 3223, 3226, 3227, as amended Pub. L. 105–277, div. A, §101(a) [title X, §1001(3)], Oct. 21, 1998, 112 Stat. 2681, 2681–41, and renumbered Pub. L. 110–234, title VII, §7511(a)(3), May 22, 2008, 122 Stat. 1259, and Pub. L. 110–246, §4(a), title VII, §7511(a)(3), June 18, 2008, 122 Stat. 1664, 2021; Pub. L. 104–88, title III, §301(a), Dec. 29, 1995, 109 Stat. 943; Pub. L. 104–105, title II, §219(b)(1), Feb. 10, 1996, 110 Stat. 184; Pub. L. 104–127, title VII, §794(b), Apr. 4, 1996, 110 Stat. 1155; Pub. L. 104–293, title VIII, §812(a), Oct. 11, 1996, 110 Stat. 3482; Pub. L. 105–277, div. C, title VII, §713(a)(3), div. G, subdiv. A, title XII, §1224(2), subdiv. B, title XXIII, §2305(a)(2), Oct. 21, 1998, 112 Stat. 2681–693, 2681–772, 2681–825; Pub. L. 105–304, title IV, §401(a)(3), Oct. 28, 1998, 112 Stat. 2887; Pub. L. 105–368, title IV, §403(b)(1), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106–65, div. A, title IX, §911(b)(2), div. C, title XXXII, §3293(a), Oct. 5, 1999, 113 Stat. 718, 969; Pub. L. 106–113, div. B, §§1000(a)(5) [title II, §238(a)(2)], 1000(a)(9) [title IV, §4720(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–302, 1501A–581; Pub. L. 106–159, title I, §101(d)(1), Dec. 9, 1999, 113 Stat. 1751; Pub. L. 106–476, title II, §2002, Nov. 9, 2000, 114 Stat. 2175; Pub. L. 106–569, title X, §1002(a)(3), Dec. 27, 2000, 114 Stat. 3028; Pub. L. 107–110, title X, §1071(a), Jan. 8, 2002, 115 Stat. 2088; Pub. L. 107–296, title IV, §411(b)(2), title XVII, §1702(a)(3), Nov. 25, 2002, 116 Stat. 2179, 2313; Pub. L. 107–314, div. A, title IX, §901(c), Dec. 2, 2002, 116 Stat. 2620; Pub. L. 108–173, title IX, §900(d)(1), Dec. 8, 2003, 117 Stat. 2370; Pub. L. 108–411, title III, §302(b), Oct. 30, 2004, 118 Stat. 2319; Pub. L. 108–426, §§2(d), 4(f), Nov. 30, 2004, 118 Stat. 2424, 2426; Pub. L. 108–447, div. C, title VI, §603(c)(1), Dec. 8, 2004, 118 Stat. 2967; Pub. L. 109–58, title X, §1006(c)(2), Aug. 8, 2005, 119 Stat. 932; Pub. L. 109–163, div. A, title IX, §901(a), Jan. 6, 2006, 119 Stat. 3397; Pub. L. 109–280, title IV, §411(b), Aug. 17, 2006, 120 Stat. 935; Pub. L. 109–295, title VI, §612(a)(2), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109–364, div. A, title IX, §942(b), Oct. 17, 2006, 120 Stat. 2365; Pub. L. 109–435, title VI, §604(b), Dec. 20, 2006, 120 Stat. 3241; Pub. L. 110–69, title III, §3002(c)(1), Aug. 9, 2007, 121 Stat. 586; Pub. L. 110–140, title IX, §922(b)(4)(B), Dec. 19, 2007, 121 Stat. 1733; Pub. L. 110–181, div. A, title IX, §904(a)(3), Jan. 28, 2008, 122 Stat. 274; Pub. L. 111–84, div. A, title IX, §906(d)(1), Oct. 28, 2009, 123 Stat. 2428; Pub. L. 111–203, title I, §§111(i)(2), 152(j), July 21, 2010, 124 Stat. 1394, 1414; Pub. L. 111–259, title IV, §423(b)(1), Oct. 7, 2010, 124 Stat. 2728; Pub. L. 111–358, title IV, §403(b)(1)(A), Jan. 4, 2011, 124 Stat. 4000; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574; Pub. L. 113–291, div. A, title IX, §901(m)(2), Dec. 19, 2014, 128 Stat. 3469; Pub. L. 114–94, div. A, title III, §3029(b), Dec. 4, 2015, 129 Stat. 1496; Pub. L. 114–125, title VI, §609(b), title VIII, §802(d)(1), Feb. 24, 2016, 130 Stat. 190, 210; Pub. L. 115–91, div. A, title IX, §903(b), title X, §1081(b)(1)(C), Dec. 12, 2017, 131 Stat. 1512, 1597; Pub. L. 115–141, div. A, title VII, §772(b), Mar. 23, 2018, 132 Stat. 398; Pub. L. 115–232, div. A, title X, §1081(f)(1)(F), title XVII, §1781(c), formerly §1781(b), Aug. 13, 2018, 132 Stat. 1987, 2238, renumbered §1781(c), Pub. L. 116–6, div. H, title II, §205(a)(1), Feb. 15, 2019, 133 Stat. 476; Pub. L. 115–254, div. F, title VI, §1470(b)(1), div. K, title I, §1904(c)(2), Oct. 5, 2018, 132 Stat. 3516, 3546; Pub. L. 115–278, §2(h)(3)(A), Nov. 16, 2018, 132 Stat. 4183; Pub. L. 116–92, div. A, title IX, §902(93)(A), title XVI, §1621(e)(2)(A), Dec. 20, 2019, 133 Stat. 1554, 1733; Pub. L. 116–260, div. W, title III, §304, Dec. 27, 2020, 134 Stat. 2365; Pub. L. 116–283, div. H, title XC, §9001(b)(2), Jan. 1, 2021, 134 Stat. 4766; Pub. L. 117–58, div. K, §100003(b)(2)(B), Nov. 15, 2021, 135 Stat. 1448; Pub. L. 117–263, div. E, title LIII, §5304(b)(1)(A), Dec. 23, 2022, 136 Stat. 3251.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| (1)–(44) | 5 U.S.C. 2211(c) (less (39) and (46)). | Aug. 14, 1964, Pub. L. 88–426, §303(c) (less (39) and (46)), 78 Stat. 416. |
| (45) | 5 U.S.C. 2211(b)(15) (proviso). | Aug. 14, 1964, Pub. L. 88–426, §303(b)(15) (proviso), 78 Stat. 416. |

Statutes at Large

The provisos in paragraphs (39) and (46) of former section 2211(c) are carried into section 5315. The remainders of paragraphs (39) and (46) are omitted but not repealed, see table III. The parts of paragraphs (39) and (46) that are omitted but not repealed provide that the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation shall be in Level III so long as the positions are held by the incumbents of the positions on August 14, 1964. The omission of these provisions from title 5, without repealing the corresponding provisions of the source statute, in effect, leaves existing statute unchanged insofar as it relates to the present incumbents of the positions of Director of Selective Service and Associate 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.

| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5314(49) | 20: 954(d) (2d sentence). | Sept. 29, 1965, Pub. L. 89–209, §5(d)(1) (2d sentence), 79 Stat. 847. |
| 5314(50) | 20:956(b)(1) (2d sentence). | Sept. 29, 1965, Pub. L. 89–209, §7(b)(1) (2d sentence), 79 Stat. 850. |
| 5314(51) | 5 App.: 2211(c)(47). | July 18, 1966, Pub. L. 89–504, §408(a), 80 Stat. 299. |
| 5314(52) | 42:3533(a) (as applicable to compensation of Under Secretary). | Sept. 9, 1965, Pub. L. 89–174, §4(a) (as applicable to compensation of Under Secretary), 79 Stat. 668. |

The deletion of paragraph (41) of 5 U.S.C. 5314 reflects the abolition of the position of "Deputy 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.

In paragraph (49), the words "In lieu of receiving compensation at the rate prescribed by section 785(c) of this title" are omitted since the provisions of 20 U.S.C. 785(c) relating to compensation are repealed by this bill; also see table II. The wording further reflects the first sentence of 20 U.S.C. 954(d), and conforms to 5 U.S.C. 5314 which applies to positions rather than individuals.

#### **Editorial Notes**

#### References in Text

The position of Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics, referred to in text, was established by former section 133a of Title 10, added Pub. L. 99–500, §101(c) [title X, §902(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–131, and Pub. L. 99–591, §101(c) [title X, §902(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–131; Pub. L. 99–661, div. A, title IX, formerly title IV, §902(a)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 103–160, div. A, title IX, §904(c), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. A, title X, §1070(a)(2), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 104–106, div. A, title IX, §903(c)(1), Feb. 10, 1996, 110 Stat. 401; Pub. L. 104–201, div. A, title IX, §901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, §911(c), Oct. 5, 1999, 113 Stat. 718; Pub. L. 107–107, div. A, title X, §1048(b)(1), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 111–84, div. A, title IX, §906(c)(1)(A), (2)(A), Oct. 28, 2009, 123 Stat. 2427, which was repealed by Pub. L. 111–383, div. A, title IX, §901(b)(1), (p), Jan. 7, 2011, 124 Stat. 4317, 4327, effective Jan. 1, 2011.

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 identically renumbered section 251(e) of Pub. L. 103–354, cited as a credit to this section, as section 251(g) of that Act. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234.

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Paragraph designation for the position added by Pub. L. 96–88 has been omitted in view of the deletion of all paragraph designations in this section by Pub. L. 96–54.

#### Amendments

2022—Pub. L. 117–263 inserted item relating to Special Counsel of the Office of Special Counsel.

2021—Pub. L. 117–58 substituted "Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development" for "and Under Secretary of Commerce for Travel and Tourism".

Pub. L. 116–283 struck out item relating to Director, Cybersecurity and Infrastructure Security Agency.

2020—Pub. L. 116–260 inserted item relating to Director of the National Reconnaissance Office.

2019—Pub. L. 116–92, §1621(e)(2)(A), substituted "Under Secretary of Defense for Intelligence and Security" for "Under Secretary of Defense for Intelligence".

Pub. L. 116–92, §902(93)(A), inserted item relating to Under Secretary of Defense for Research and Engineering.

Pub. L. 116–6, §205(a)(1), amended Pub. L. 115–232, §1781(b). See 2018 Amendment note below.

2018—Pub. L. 115–278 inserted item relating to Director, Cybersecurity and Infrastructure Security Agency.

Pub. L. 115–254, §1904(c)(2), inserted item relating to Deputy Administrator, Transportation Security Administration.

Pub. L. 115–254, §1470(b)(1), struck out item relating to President, Overseas Private Investment Corporation.

Pub. L. 115–232, §1781(c), formerly (b), as renumbered by Pub. L. 116–6, §205(a)(1), substituted "Under Secretary of Commerce for Industry and Security" for "Under Secretary of Commerce for Export Administration".

Pub. L. 115–232, §1081(f)(1)(F), struck out item relating to Deputy Chief Management Officer of the Department of Defense.

Pub. L. 115–141 inserted items relating to Under Secretary of Agriculture for Farm Production and Conservation and Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs and struck out item relating to Under Secretary of Agriculture for Farm and Foreign Agricultural Services.

2017—Pub. L. 115–91, §1081(b)(1)(C), repealed Pub. L. 113–291, §901(m)(2). See 2014 Amendment note below.

Pub. L. 115–91, §903(b), inserted item relating to Under Secretary of Defense for Acquisition and Sustainment.

2016—Pub. L. 114–125, §802(d)(1), substituted "Commissioner of U.S. Customs and Border Protection, Department of Homeland Security" for "Commissioner of Customs, Department of Homeland Security".

Pub. L. 114–125, §609(b), inserted items relating to Chief Agricultural Negotiator, Office of the United States Trade Representative and Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative and struck out item relating to Chief Agricultural Negotiator.

2015—Pub. L. 114–94 struck out item relating to Federal Transit Administrator.

2014—Pub. L. 113–291, §901(m)(2), which directed striking out item relating to Deputy Chief Management Officer of the Department of Defense, was repealed by Pub. L. 115–91, §1081(b)(1)(C).

2011—Pub. L. 111–358 inserted item relating to Under Secretary of Commerce for Standards and Technology, who also serves as Director of the National Institute of Standards and Technology.

2010—Pub. L. 111–259 substituted "Deputy Director of the Central Intelligence Agency" for "Deputy Directors of Central Intelligence (2)".

Pub. L. 111–203, §152(j), inserted item relating to Director of the Office of Financial Research.

Pub. L. 111–203, §111(i)(2), inserted item relating to Independent Member of the Financial Stability Oversight Council.

2009—Pub. L. 111–84 substituted "Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics." for "Deputy Under Secretary of Defense for Acquisition and Technology."

2008—Pub. L. 110–181 inserted item relating to Deputy Chief Management Officer of the Department of Defense.

2007—Pub. L. 110–140 inserted item relating to Chief Executive Officer, International Clean Energy Foundation.

Pub. L. 110–69 struck out item relating to Under Secretary of Commerce for Technology.

2006—Pub. L. 109–435 substituted "Chairman, Postal Regulatory Commission" for "Chairman, Postal Rate Commission".

Pub. L. 109–364 struck out item relating to Deputy Under Secretary of Defense for Logistics and Materiel Readiness.

Pub. L. 109–295 inserted item relating to Deputy Administrators, Federal Emergency Management Agency.

Pub. L. 109–280 inserted item relating to Director, Pension Benefit Guaranty Corporation.

Pub. L. 109–163, which directed insertion of items relating to Under Secretary of the Air Force, Under Secretary of the Army, and Under Secretary of the Navy after "Under Secretary of Defense for Intelligence", was executed by inserting such items after "Under Secretary of Defense for Intelligence.", to reflect the probable intent of Congress.

2005—Pub. L. 109–58 substituted "Under Secretaries of Energy (3)" for "Under Secretaries of Energy (2)".

2004—Pub. L. 108–447 struck out item relating to Chairman, Board of Directors of the Tennessee Valley Authority.

Pub. L. 108–426, §4(f), substituted "Administrator, Research and Innovative Technology Administration" for "Administrator, Research and Special Programs Administration".

Pub. L. 108–426, §2(d), inserted item relating to Administrator, Pipeline and Hazardous Materials Safety Administration.

Pub. L. 108–411 inserted item relating to Administrator of the Office of Electronic Government.

2003—Pub. L. 108–173 inserted item relating to Administrator of Centers for Medicare & Medicaid Services.

2002—Pub. L. 107–314 inserted item relating to Under Secretary of Defense for Intelligence.

Pub. L. 107–296, §1702(a)(3), inserted items relating to Under Secretaries, Department of Homeland Security and Director of the Bureau of Citizenship and Immigration Services.

Pub. L. 107–296, §411(b)(2), substituted "Commissioner of Customs, Department of Homeland Security." for "Commissioner of Customs, Department of the Treasury".

Pub. L. 107–110 inserted item relating to Under Secretary of Education.

2000—Pub. L. 106–569 struck out item relating to Members, Board of Governors of the Federal Reserve System.

Pub. L. 106–476 inserted item relating to Chief Agricultural Negotiator.

1999—Pub. L. 106–159 inserted item relating to Administrator of the Federal Motor Carrier Safety Administration.

Pub. L. 106–113, §1000(a)(9) [title IV, §4720(a)], substituted "Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office." for "Assistant Secretary of Commerce and Commissioner of Patents and Trademarks."

Pub. L. 106–113, §1000(a)(5) [title II, §238(a)(2)], inserted item relating to Commissioner of Customs, Department of the Treasury.

Pub. L. 106–65, §3293(a), substituted "Under Secretaries of Energy (2)" for "Under Secretary, Department of Energy".

Pub. L. 106–65, §911(b)(2), inserted item relating to Deputy Under Secretary of Defense for Logistics and Materiel Readiness.

1998—Pub. L. 105–368 inserted item relating to Under Secretary for Memorial Affairs, Department of Veterans Affairs.

Pub. L. 105–304 inserted items relating to Assistant Secretary of Commerce and Commissioner of Patents and Trademarks and Register of Copyrights.

Pub. L. 105–277, §2305(a)(2), substituted "Under Secretaries of State (6)" for "Under Secretaries of State (5)".

Pub. L. 105–277, §1224(2), struck out item relating to Deputy Director of the United States Arms Control and Disarmament Agency.

Pub. L. 105–277, §713(a)(3), inserted items relating to Deputy Director for Demand Reduction, Office of National Drug Control Policy, Deputy Director for Supply Reduction, Office of National Drug Control Policy, and Deputy Director for State and Local Affairs, Office of National Drug Control Policy.

Pub. L. 105–277, §101(a) [title X, §1001(3)], added Pub. L. 103–354, §285(e). See 1994 Amendment note below.

1996—Pub. L. 104–293 substituted "Deputy Directors of Central Intelligence (2)" for "Deputy Director of Central Intelligence".

Pub. L. 104–127 substituted "Under Secretary of Agriculture for Rural Development" for "Under Secretary of Agriculture for Rural Economic and Community Development".

Pub. L. 104–105 struck out item relating to Chairperson, Board of Directors of the Farm Credit System Insurance Corporation.

1995—Pub. L. 104–88 substituted "Chairman, Surface Transportation Board" for "Chairman, Interstate Commerce Commission".

1994—Pub. L. 103–354, §251(g), formerly §251(e), as renumbered by Pub. L. 110–246, §7511(a)(3), inserted item relating to Under Secretary of Agriculture for Research, Education, and Economics.

Pub. L. 103–354, §285(e), as added by Pub. L. 105–277, §101(a) [title X, §1001(3)], inserted item relating to Under Secretary of Agriculture for Marketing and Regulatory Programs.

Pub. L. 103–354, §§225(e)(2), 231(f)(2), 241(e), 245(e), 261(c), substituted "Under Secretary of Agriculture for Farm and Foreign Agricultural Services" for "Under Secretary of Agriculture for International Affairs and Commodity Programs", inserted items relating to Under Secretaries of Agriculture for Food, Nutrition, and Consumer Services; for Natural Resources and Environment; and for Food Safety, and substituted "Under Secretary of Agriculture for Rural Economic and Community Development" for "Under Secretary of Agriculture for Small Community and Rural Development".

Pub. L. 103–337 substituted "Under Secretary of Defense (Comptroller)" for "Comptroller of the Department of Defense".

Pub. L. 103–236 inserted item relating to Under Secretaries of State (5) and struck out items relating to Under Secretary of State for Political Affairs and Under Secretary of State for Economic and Agricultural Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management and Counselor of the Department of State.

Pub. L. 103–211 inserted item relating to Under Secretary of the Treasury (3) and struck out items relating to Under Secretary of the Treasury (or Counselor) and Under Secretary of the Treasury for Monetary Affairs.

1993—Pub. L. 103–204, which directed striking out of "chief executive officer of the Resolution Trust Corporation.", was executed by striking "chief executive officer, Resolution Trust Corporation." to reflect the probable intent of Congress.

Pub. L. 103–160 inserted items relating to Comptroller of the Department of Defense and Under Secretary of Defense for Personnel and Readiness and substituted "Deputy Under Secretary of Defense for Acquisition and Technology" for "Deputy Under Secretary of Defense for Acquisition".

1992—Pub. L. 102–552 inserted item relating to Chairperson, Board of Directors of the Farm Credit System Insurance Corporation.

Pub. L. 102–549 substituted "Director, Trade and Development Agency" for "Director, Trade and Development Program".

Pub. L. 102–508 inserted item relating to Administrator, Research and Special Programs Administration.

Pub. L. 102–405 substituted "Under Secretary for Health, Department of Veterans Affairs" for "Chief Medical Director, Department of Veterans Affairs" and "Under Secretary for Benefits, Department of Veterans Affairs" for "Chief Benefits Director, Department of Veterans Affairs".

Pub. L. 102–378 struck out each of the items relating to Under Secretary of Education, Under Secretary of Health and Human Services, Under Secretary of the Interior, and Under Secretary of Housing and Urban Development.

1991—Pub. L. 102–240 substituted "Federal Transit Administrator" for "Urban Mass Transportation Administrator".

Pub. L. 102–233 inserted item relating to chief executive officer, Resolution Trust Corporation.

Pub. L. 102–103 inserted item relating to Under Secretary of Education.

1990—Pub. L. 101–576 inserted item relating to Controller, Office of Federal Financial Management, Office of Management and Budget.

Pub. L. 101–509 directed the amendment of this section by striking the following:

"Under Secretary of Health and Human Services.

"Under Secretary of the Interior.

"Under Secretary of Education.

"Under Secretary of Housing and Urban Development."

Section did not contain the positions in the order referred to in Pub. L. 101–509. See 1992 Amendment note above for Pub. L. 102–378.

Pub. L. 101–328 inserted item relating to Executive Secretary, National Space Council.

1989—Pub. L. 101–73 inserted items relating to Director of the Office of Thrift Supervision and Chairperson of the Federal Housing Finance Board, and struck out item relating to Chairman of the Federal Home Loan Bank Board.

1988—Pub. L. 100–690, §1007(c)(3), struck out item relating to Director of Office of Drug Abuse Policy.

Pub. L. 100–690, §§1003(a)(4)(B), 1009, temporarily inserted items relating to Deputy Director for Demand Reduction, Office of National Drug Control Policy, and Deputy Director for Supply Reduction, Office of National Drug Control Policy. See Effective and Termination Dates of 1988 Amendments note below.

Pub. L. 100–679 inserted items relating to Administrator for Federal Procurement Policy and to Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget, and struck out item relating to Deputy Director of Office of Management and Budget.

Pub. L. 100–598 inserted item relating to Director of Office of Government Ethics.

Pub. L. 100–527 inserted items relating to Chief Medical Director, Department of Veterans Affairs, and Chief Benefits Director, Department of Veterans Affairs, and struck out item relating to Deputy Administrator of Veterans' Affairs.

Pub. L. 100–519 inserted item relating to Under Secretary of Commerce for Technology.

Pub. L. 100–456 inserted item relating to Members, Defense Nuclear Facilities Safety Board after item relating to Members, Nuclear Regulatory Commission.

Pub. L. 100–418 inserted item relating to Director, Trade and Development Program.

1986—Pub. L. 99–659 substituted "Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration" for "Administrator, National Oceanic and Atmospheric Administration".

Pub. L. 99–619 struck out item relating to Under Secretary of Labor.

Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, amended section identically, inserting item relating to Deputy Under Secretary of Defense for Acquisition and striking out item relating to Director of Defense Research and Engineering.

Pub. L. 99–348 substituted "Under Secretary of Defense for Policy" for "Under Secretaries of Defense (2)" and inserted item relating to Director of Defense Research and Engineering.

Pub. L. 99–335 inserted item relating to Executive Director, Federal Retirement Thrift Investment Board.

1985—Pub. L. 99–93, §116(b), substituted "Under Secretary of State for Economic and Agricultural Affairs" for "Under Secretary of State for Economic Affairs".

Pub. L. 99–93, §704(a)(1), inserted item relating to Deputy Director of United States Arms Control and Disarmament Agency.

Pub. L. 99–64 inserted item relating to Under Secretary of Commerce for Export Administration.

1984—Pub. L. 98–497 inserted item relating to Archivist of United States.

Pub. L. 98–473 struck out item relating to Director of Office of Justice Assistance, Research, and Statistics.

Pub. L. 98–443 struck out item relating to Chairman of Civil Aeronautics Board.

Pub. L. 98–216 substituted "Deputy Director of the Office of Management and Budget" for "Deputy Director of the Bureau of the Budget".

1983—Pub. L. 98–164 inserted item relating to Counselor of Department of State.

Pub. L. 98–80 inserted item relating to Deputy Administrator of Environmental Protection Agency.

Pub. L. 97–456, §3(d)(6), substituted "Deputy United States Trade Representatives (3)" for "Deputy Special Representatives for Trade Negotiations (2)".

Pub. L. 97–449 substituted "Administrator of the National Highway Traffic Safety Administration" for "Administrator, Federal Highway Administration".

1982—Pub. L. 97–377 inserted item relating to Executive Director of Property Review Board.

Pub. L. 97–195 substituted "Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, and Under Secretary of Commerce for Travel and Tourism" for "Under Secretary of Commerce and Under Secretary of Commerce for Travel and Tourism".

1981—Pub. L. 97–63 substituted "Under Secretary of Commerce and Under Secretary of Commerce for Travel and Tourism" for "Under Secretary of Commerce".

Pub. L. 97–31 inserted item relating to Administrator, Maritime Administration.

1980—Pub. L. 96–355 inserted item relating to Under Secretary of Agriculture for Small Community and Rural Development.

1979—Pub. L. 96–157 inserted item relating to Director, Office of Justice Assistance, Research, and Statistics, and struck out item relating to Administrator of Law Enforcement Assistance.

Pub. L. 96–88, §508(g), substituted "Health and Human Services" for "Health, Education, and Welfare" in item relating to Under Secretary of Health and Human Services.

Par. (5). Pub. L. 96–88, §508(d), added par. (5) relating to Under Secretary of Education. See Codification note above.

Pars. (1) to (70). Pub. L. 96–54 struck out paragraph designations for positions listed herein.

Par. (70). Pub. L. 96–53 added par. (70) relating to Director, Institute for Scientific and Technological Cooperation.

1978—Par. (9). Pub. L. 95–426 inserted "and Under Secretary of State for Management".

Par. (17). Pub. L. 95–454, §202(c)(1), substituted "Merit Systems Protection Board" for "United States Civil Service Commission".

Par. (66). Pub. L. 95–630 added par. (66) relating to Chairman, National Credit Union Administration Board.

Par. (68). Pub. L. 95–454, §201(b)(2), added par. (68) relating to Deputy Director of Office of Personnel Management.

Par. (69). Pub. L. 95–501 added par. (69) relating to Under Secretary of Agriculture for International Affairs and Commodity Programs.

1977—Par. (21). Pub. L. 95–91 substituted "Federal Energy Regulatory Commission" for "Federal Power Commission".

Par. (32). Pub. L. 95–140 substituted "Under Secretaries of Defense (2)" for "Director of Defense Research and Engineering, Department of Defense".

Par. (60). Pub. L. 95–91 substituted "Under Secretary, Department of Energy" for "Deputy Administrator, Energy Research and Development Administration".

Par. (66). Pub. L. 95–164 added par. (66) relating to Chairman, Federal Mine Safety and Health Review Commission.

Pub. L. 95–139 added par. (66) relating to Associate Attorney General.

1976—Par. (3). Pub. L. 94–561 repealed par. (3) relating to Under Secretary of Agriculture.

Par. (64). Pub. L. 94–237 added par. (64) relating to Director of Office of Drug Abuse Policy.

Par. (65). Pub. L. 94–461 added par. (65) relating to Administrator, National Oceanic and Atmospheric Administration.

1975—Pub. L. 94–82 substituted provisions applying level III 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 III to positions for which annual rate of basic pay is $29,500.

Par. (38). Pub. L. 94–123 repealed par. (38) relating to Chief Medical Director in Department of Medicine and Surgery, Veterans' Administration.

Par. (54). Pub. L. 94–183 redesignated par. (55), relating to Chairman, Postal Rate Commission, as par. (54).

Pars. (56), (57). Pub. L. 94–183 redesignated par. (57) relating to Chairman, Occupational Safety and Health Review Commission, and par. (58) relating to Governor of the Farm Credit Administration, as pars. (56) and (57), respectively.

Par. (60). Pub. L. 93–618, §141(b)(3)(B), added par. (60) relating to Deputy Special Representative for Trade Negotiations. For renumbering by Pub. L. 94–183, see item relating to par. (62) hereunder.

Par. (61). Pub. L. 94–183 redesignated par. (60), relating to Chairman, Commodity Futures Trading Commission, as par. (61).

Pub. L. 93–618, §172(c)(1), added par. (61). For renumbering by Pub. L. 94–183, see item relating to par. (63) hereunder.

Pars. (62), (63). Pub. L. 94–183 redesignated par. (60) relating to Deputy Special Representatives for Trade Negotiations, and par. (61) relating to Chairman, United States International Trade Commission, as pars. (62) and (63), respectively.

1974—Par. (42). Pub. L. 93–438 substituted "Members, Nuclear Regulatory Commission" for "Members, Atomic Energy Commission".

Par. (60). Pub. L. 93–463 added par. (60) relating to Chairman, Commodity Futures Trading Commission.

Pub. L. 93–438 added par. (60) relating to Deputy Administrator, Energy Research and Development Administration.

1973—Par. (55). Pub. L. 93–83 reenacted par. (55) relating to Administrator of Law Enforcement Assistance.

1972—Par. (9). Pub. L. 92–352 substituted "and" for "or", after "Political Affairs".

Pub. L. 92–226 included position of an Under Secretary of State for Coordinating Security Assistance Programs.

Par. (10). Pub. L. 92–302 substituted "Under Secretary of the Treasury (or Counselor)" for "Under Secretary of the Treasury".

Par. (58). Pub. L. 92–261 added par. (58) relating to Chairman, Equal Employment Opportunity Commission.

Par. (59). Pub. L. 92–573 added par. (59) relating to Chairman, Consumer Product Safety Commission.

1971—Pars. (1) to (54). Pub. L. 91–644, §8(a), struck out par. (1) relating to Deputy Attorney General, now a level II position under section 5313 of this title, renumbered pars. (2) through (54) as (1) through (53), respectively.

Par. (55). Pub. L. 91–644, §7(1), in amending section 505 of Pub. L. 90–351, renumbered par. (90) "Administrator of Law Enforcement Assistance" of section 5315 of this title as par. (55) of this section.

Par. (58). Pub. L. 92–181 added par. (58) relating to Governor of Farm Credit Administration.

1970—Par. (3). Pub. L. 91–375, §6(c)(13)(A), struck out par. (3) relating to Deputy Postmaster General.

Par. (55). Pub. L. 91–375, §6(c)(13)(B), added par. (55) relating to Chairman, Postal Rate Commission.

Par. (57). Pub. L. 91–596 added par. (57) relating to Chairman, Occupational Safety and Health Review Commission.

1969—Par. (54). Pub. L. 91–175 added par. (54) relating to President, Overseas Private Investment Corporation.

1968—Par. (40). Pub. L. 90–407 substituted "Deputy Director, National Science Foundation" for "Director of the National Science Foundation".

Par. (53). Pub. L. 90–623 added par. (53) relating to Urban Mass Transportation Administrator.

1967—Pub. L. 90–206 increased annual rate of basic pay from $28,500 to $29,500.

1966—Pub. L. 89–670 added pars. (46) to (48), relating to Administrator of Federal Highway Administration, Administrator of the Federal Railroad Administration, and Chairman of National Transportation Safety Board, respectively, and repealed par. (6) which provided for Under Secretary of Commerce for Transportation, subject to the provisions of section 1657 of former Title 49, Transportation.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Office of the Assistant Secretary for Research and Technology of the Department of Transportation" substituted for "Research and Innovative Technology Administration" in text on authority of title I of div. L of Pub. L. 113–76, set out in part as a note under former section 112 of Title 49, Transportation.

"Export-Import Bank of Washington", referred to in text, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945, section 635 et seq. of Title 12, Banks and Banking, as provided for in section 1(a) of Pub. L. 90–267, Mar. 13, 1968, 82 Stat. 47.

#### Effective Date of 2022 Amendment

Pub. L. 117–263, div. E, title LIII, §5304(b)(2), Dec. 23, 2022, 136 Stat. 3251, provided that: "The rate of pay applied under the amendments made by paragraph (1) [amending this section and section 5315 of this title] shall begin to apply on the first day of the first pay period beginning after [the] date of enactment of this Act [Dec. 23, 2022]."

#### Effective Date of 2019 Amendment

Amendment by section 902(93)(A) of Pub. L. 116–92 not effective until the next date on which Congress confirms an individual to serve as the Under Secretary of Defense for Research and Engineering after Dec. 20, 2019 (July 22, 2021), see section 902(93)(C) of Pub. L. 116–92, set out as a note under section 5313 of this title.

#### Effective Date of 2018 Amendment

Amendment by section 1470(b)(1) of Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

#### Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title X, §1081(b)(1), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(C) is effective as of Dec. 23, 2016.

Pub. L. 115–91, div. A, title IX, §903(b), Dec. 12, 2017, 131 Stat. 1512, provided that the amendment made by section 903(b) is effective on Feb. 1, 2018.

#### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective on the first day of the first pay period beginning on or after the first day of the first fiscal year beginning after Dec. 4, 2015, see section 3029(c) of Pub. L. 114–94, set out as a note under section 5313 of this title.

#### Effective Date of 2014 Amendment

Pub. L. 113–291, div. A, title IX, §901(m)(2), Dec. 19, 2014, 128 Stat. 3469, which provided that the amendment made by section 901(m)(2) is effective on Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, §1081(b)(1)(C), Dec. 12, 2017, 131 Stat. 1597, effective Dec. 23, 2016.

#### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–259 applicable on the earlier of (1) the date of the appointment by the President of an individual to serve as Deputy Director of the Central Intelligence Agency (CIA) pursuant to section 3037 of Title 50, War and National Defense, as added by section 423(a) of Pub. L. 111–259, with certain exceptions; or (2) the date of the cessation of the performance of the duties of the Deputy Director of the CIA by the individual administratively performing such duties as of Oct. 7, 2010, see section 423(c) of Pub. L. 111–259, set out as an Effective Date note under section 3037 of Title 50.

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

#### Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title IX, §942(c), Oct. 17, 2006, 120 Stat. 2365, provided that: "The amendments made by this section [amending this section and section 5315 of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 2006], and shall apply with respect to individuals appointed as Deputy Under Secretary of Defense for Logistics and Materiel Readiness on or after that date."

#### Effective Date of 2004 Amendment

Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out as an Appointments; Effective Date; Transition note under section 831a of Title 16, Conservation.

#### Effective Date of 2003 Amendment

Pub. L. 108–173, title IX, §900(d)(3), Dec. 8, 2003, 117 Stat. 2370, provided that: "The amendments made by this subsection [amending this section and section 5315 of this title] take effect on January 1, 2004."

#### Effective Date of 2002 Amendments

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

Pub. L. 107–110, title X, §1071(b), Jan. 8, 2002, 115 Stat. 2088, provided that: "This section [amending this section] shall take effect on the first day of the first pay period on or after the date of enactment of this Act [Jan. 8, 2002]."

#### 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 1999 Amendments

Amendment by Pub. L. 106–159 effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as a note under section 104 of Title 49, Transportation.

Pub. L. 106–113, div. B, §1000(a)(5) [title II, §238(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–302, provided that: "The amendment made by this subsection [probably means this section, amending this section and section 5315 of this title] shall take effect on January 1, 2000."

Amendment by section 1000(a)(9) [title IV, §4720(a)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Amendment by section 3293(a) of Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.

#### Effective Date of 1998 Amendment

Amendment by section 1224(2) 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.

#### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

#### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of Title 22, Foreign Relations and Intercourse.

#### Effective Date of 1992 Amendments

Amendment by Pub. L. 102–552 effective Jan. 1, 1996, see section 201(c)(1) of Pub. L. 102–552, set out as an Effective Date of 1992 Amendment; Transitional Provision note under section 2277a–2 of Title 12, Banks and Banking.

Amendment by Pub. L. 102–378 effective as of the first day of the first applicable pay period beginning on or after Nov. 5, 1990, see section 9(b)(10) of Pub. L. 102–378, set out as a note under section 6303 of this title.

#### Effective Date of 1991 Amendments

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.

Amendment by Pub. L. 102–103 effective on first day of first pay period beginning on or after Aug. 17, 1991, see section 203 of Pub. L. 102–103, set out as a note under section 3412 of Title 20, Education.

#### Effective Date of 1990 Amendments

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, §112(e)] of Pub. L. 101–509, set out as a note under section 3404 of Title 20, Education.

Pub. L. 101–328, §6, July 8, 1990, 104 Stat. 309, provided that: "The provisions of this Act [amending this section and enacting provisions set out as notes under section 2471 of Title 42, The Public Health and Welfare] are effective as of October 1, 1989."

#### Effective and Termination Dates of 1988 Amendments

Amendment by Pub. L. 100–690 effective Jan. 21, 1989, and amendment by section 1003(a)(4)(B) of Pub. L. 100–690 repealed on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 100–690.

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.

Pub. L. 100–598, §10, Nov. 3, 1988, 102 Stat. 3035, provided that:

"(a) In General.—Except as provided in subsection (b), the amendments made by this Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Nov. 3, 1988].

"(b) Exception.—The amendments made by section 3 [amending former section 401 of Pub. L. 95–521, see section 13121 of this title] shall take effect on October 1, 1989."

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 1986 Amendment

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.

#### Effective Date of 1985 Amendment

Pub. L. 99–64, title I, §116(d), July 12, 1985, 99 Stat. 153, as amended by Pub. L. 99–441, §5, Oct. 3, 1986, 100 Stat. 1118, provided that: "The provisions of [former] section 15(a) of the Export Administration Act of 1979 [former 50 U.S.C. 4617(a)], as amended by subsection (a) of this section, and the amendments made by subsections (b) and (c) of this section [amending sections 5314 and 5315 of this title] shall take effect on October 1, 1987."

#### Effective Date of 1984 Amendments

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

Amendment by section 609J of Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA of Pub. L. 98–473, set out as an Effective Date note under section 10101 of Title 34, Crime Control and Law Enforcement.

Pub. L. 98–443, §9(v), Oct. 4, 1984, 98 Stat. 1709, provided that: "The amendments made by this section [amending sections 5314 and 5315 of this title, sections 1622 and 2145 of Title 7, Agriculture, sections 4746 and 9746 of Title 10, Armed Forces, sections 18, 21, 1607, 1681s, 1691c, and 1692l of Title 15, Commerce and Trade, section 18b of Title 16, Conservation, sections 47 and 7701 of Title 26, Internal Revenue Code, section 3726 of Title 31, Money and Finance, sections 3401, 5005, 5401, and 5402 of Title 39, Postal Service, section 3502 of Title 44, Public Printing and Documents, and sections 1159a, 1159b, 1301, 1305, 1377, 1382, 1388, 1389, and 1537 of former Title 49, Transportation] shall take effect on January 1, 1985."

#### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–63 effective Oct. 1, 1981, see section 6 of Pub. L. 97–63, set out as a note under section 2121 of Title 22, Foreign Relations and Intercourse.

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–355 effective Oct. 1, 1980, see section 10 of Pub. L. 96–355, set out as an Effective Date note under section 2204b of Title 7, Agriculture.

#### Effective Date of 1979 Amendments

Amendment by Pub. L. 96–88 effective May 4, 1980, with specified exceptions, see section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of Title 20, Education.

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.

Amendment by Pub. L. 96–53 effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as a note under section 2151 of Title 22, Foreign Relations and Intercourse.

#### Effective Date of 1978 Amendments

Amendment by Pub. L. 95–630 effective on expiration of 120 days after Nov. 10, 1978, see section 509 of Pub. L. 95–630, set out as a note under section 1752 of Title 12, Banks and Banking.

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.

Section 114(c) of Pub. L. 95–426 provided that: "The amendments made by this section [amending sections 5314 and 5315 of this title and section 2652 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as a note under section 2652 of Title 22] shall take effect on October 1, 1978."

#### Effective Date of 1977 Amendment

Amendment by Pub. L. 95–164 effective 120 days after Nov. 9, 1977, except as otherwise provided, see section 307 of Pub. L. 95–164, set out as a note under section 801 of Title 30, Mineral Lands and Mining.

#### Effective Date of 1975 Amendment

Section 6(a), formerly section 6(a)(1), of Pub. L. 94–123, as renumbered Pub. L. 96–330, title I, §101, Aug. 26, 1980, 94 Stat. 1030, provided that: "The amendments made by section 2 of this Act [enacting former section 4118 of Title 38, Veterans' Benefits, amending this section, section 5315 of this title, and former section 4107 of Title 38, and enacting provisions set out as notes under former section 4118 of Title 38] shall become effective on October 12, 1975."

#### Effective Date of 1974 Amendments

Amendment by Pub. L. 93–463 effective Oct. 23, 1974, see section 418 of Pub. L. 93–463, set out as a note under section 2 of Title 7, Agriculture.

Amendment by 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 1973 Amendment

Offices and salaries modified under amendment by Pub. L. 93–83, prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93–83, Aug. 6, 1973, 83 Stat. 218.

#### 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 1970 Amendment

Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

#### Effective Date of 1968 Amendments

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Amendment by Pub. L. 90–407 effective on first day of first calendar month which begins on or after July 18, 1968, see section 15 (a)(4) of Pub. L. 90–407, set out as a note under section 5313 of this title.

#### Effective Date of 1967 Amendment

Amendment by Pub. L. 90–206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90–206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.

#### 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 §15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.

#### Nonapplicability of Amendment by Pub. L. 115–254

Pub. L. 115–254, div. K, title I, §1904(c)(3), Oct. 5, 2018, 132 Stat. 3546, provided that: "The amendment made by paragraph (2) of this subsection [amending this section] shall not affect the salary of an individual who is performing the duties of the Deputy Administrator on the date of enactment of this Act [Oct. 5, 2018], even if that individual is subsequently appointed as Deputy Administrator."

#### Spending Authority Under 1985 Amendment

Pub. L. 99–64, title I, §116(e), July 12, 1985, 99 Stat. 153, provided that: "Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) which is provided under this section [amending this section, section 5315 of this title, and former section 4617 of Title 50, War and National Defense] shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts."

#### 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 in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92–302, May 18, 1972, 86 Stat. 149.

#### Director of 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 (5 U.S.C. 5313), 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, set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure.

Position of Director of Federal Bureau of Investigation, referred to in text, placed temporarily in level II during incumbency of incumbent on Aug. 14, 1964, by Pub. L. 88–426, Aug. 14, 1964, §303(b)(15), 78 Stat. 416.

Section 1101(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (Pub. L. 90–351, June 19, 1968, 82 Stat. 236), which is set out as a note under section 532 of Title 28, Judiciary and Judicial Procedure, provided in part that when present incumbent of position of Director leaves office, his successors will be paid at rate prescribed for level II.

#### Salary Increases

For 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 5332 of this title.

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

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

#### **Executive Documents**

#### Transfer of Functions

Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.

1 See References in Text note below.

2 So in original. Probably should be followed by a period.