§5313. Positions at level II — Inbound Citations

Code of Federal Regulations Citations

Cited by 6 regulations in the Code of Federal Regulations.

• 20 C.F.R. § 683.290(a) — Are there salary and bonus restrictions in place for the use of title I of Workforce Innovation and Opportunity Act and Wagner-Peyser Act funds?

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  (a) No funds available under title I of WIOA or the Wagner-Peyser Act may be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under 5 U.S.C. 5313, which can be found at https://www.opm.gov/.

• 32 C.F.R. § 553.12(a)(6)(iv) — Eligibility for interment in Arlington National Cemetery.

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  (iv) A position listed, at the time the person held the position, in 5 U.S.C. 5312 or 5313 (Levels I and II of the Executive Schedule); or

• 5 C.F.R. § 1603.3(b)(2) — Service requirements.

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  (2) Positions listed in 5 U.S.C. 5312, 5313, 5314, 5315 or 5316;

• 5 C.F.R. § 2635.804(b) — Outside earned income limitations applicable to certain Presidential appointees.

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  (b) For purposes of this section:

  (1) has the meaning set forth in § 2636.303(b) of this chapter, except that § 2636.303(b)(7) does not apply.

  (2) Presidential appointee to a full-time noncareer position means any employee who is appointed by the President to a full-time position described in 5 U.S.C. 5312 through 5317 or to a position that, by statute or as a matter of practice, is filled by Presidential appointment, other than:

  (i) A position filled under the authority of 3 U.S.C. 105 or 107(a) for which the rate of basic pay is less than that for GS-9, step 1 of the General Schedule;

  (ii) A position, within a White House operating unit, that is designated as not normally subject to change as a result of a Presidential transition;

  (iii) A position within the uniformed services; or

  (iv) A position in which a member of the Foreign Service is serving that does not require advice and consent of the Senate.

  Example 1 to paragraph (b)(2): A career Department of Justice employee who is detailed to a policy-making position in the White House Office that is ordinarily filled by a noncareer employee is not a Presidential appointee to a full-time noncareer position.

  Example 2 to paragraph (b)(2): A Department of Energy employee appointed under § 213.3301 of this title to a Schedule C position is appointed by the agency and, thus, is not a Presidential appointee to a full-time noncareer position.

• 5 C.F.R. § 2636.304(a) — The 15 percent limitation on outside earned income.

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  (a) A covered noncareer employee may not, in any calendar year, receive outside earned income attributable to that calendar year which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under 5 U.S.C. 5313, as in effect on January 1 of such calendar year. The effective date of a change in the rate for level II of the Executive Schedule shall be the date on which a new rate of basic pay for level II first becomes applicable to any level II position.

• 5 C.F.R. § 2641.104(2) — Definitions.

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  (2) Employed in a position for which the employee is paid at a rate of basic pay which is equal to or greater than 86.5 percent of the rate of basic pay for level II of the Executive Schedule; or, for a period of two years following November 24, 2003, was employed on November 23, 2003 in a position for which the rate of basic pay was equal to or greater than the rate of basic pay payable for level 5 of the Senior Executive Service; for purposes of this paragraph, “rate of basic pay” does not include locality-based adjustments or additional pay such as bonuses, awards and various allowances;

Citations to 5 U.S.C. § 5313 as a whole

• 2 U.S.C. § 136a–2(1)

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  (1) the Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of title 5; and

• 2 U.S.C. § 362(3)(A)(iii)

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  (iii) The rates of pay recommended for a Senator, a Member of the House of Representatives, the Resident Commissioner from Puerto Rico, a Delegate to the House of Representatives, a judge of a district court of the United States, a judge of the United States Court of International Trade, and each office or position under section 5313 of title 5 (relating to level II of the Executive Schedule), respectively, shall be equal.

• 2 U.S.C. § 1802

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  The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.

• 2 U.S.C. § 1902

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  The annual rate of pay for the Chief of the Capitol Police shall be the amount equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.

• 2 U.S.C. § 4575(d)(2)

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  (2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator’s office shall not be fixed under this paragraph at a rate less than $3,293¹ or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5. A Senator may establish such titles for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate.

• 2 U.S.C. § 4575(e)(3)(B)

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  (B) Subject to adjustment as provided by law, no employee of a committee of the Senate shall be paid at a per annum gross rate in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5.

• 2 U.S.C. § 4575(f)

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  (f) No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate less than $3,293¹ or in excess of the annual rate of basic pay in effect for level II of the Executive Schedule under section 5313 of title 5, unless expressly authorized by law. The limitation on the minimum rate of gross compensation under this subsection shall not apply to any member or civilian employee of the Capitol Police whose compensation is disbursed by the Secretary of the Senate.

• 3 U.S.C. § 105(a)(2)(A)

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  (A) 25 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition

• 3 U.S.C. § 105(c)(1)

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  (1) in the case of the White House Office, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and

• 3 U.S.C. § 106(a)(1)(A)

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  (A) 5 employees at rates not to exceed the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5; and in addition

• 3 U.S.C. § 106(a)(2)

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  (2) to procure, as provided in appropriation Acts, temporary or intermittent services of experts and consultants, as described in and in accordance with the first two sentences of section 3109(b) of title 5, at respective daily rates of pay for individuals which are not more than the daily equivalent of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.

• 3 U.S.C. § 108(c)

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  (c) An individual may not be paid under the authority of this section at a rate of pay in excess of the rate of basic pay then currently paid for level II of the Executive Schedule of section 5313 of title 5.

• 5 U.S.C. § 5315

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  Level IV 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:

• 5 U.S.C. § 8432(g)(2)(A)(ii)

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  (ii) a position listed in section 5312, 5313, 5314, 5315, or 5316 of this title or a position placed in level IV or V of the Executive Schedule under section 5317 of this title; or

• 5 U.S.C. § 9807(a)(2)

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  (2) a position under the Executive Schedule under sections 5312 through 5317;

• 5 U.S.C. § 13143(a)(1)

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  (1) Except as provided by paragraph (2), a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, may not in any calendar year have outside earned income attributable to such calendar year which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year.

• 5 U.S.C. § 13143(a)(2)

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  (2) In the case of any individual who during a calendar year becomes a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, such individual may not have outside earned income attributable to the portion of that calendar year which occurs after such individual becomes a Member or such an officer or employee which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year multiplied by a fraction the numerator of which is the number of days such individual is a Member or such officer or employee during such calendar year and the denominator of which is 365.

• 5A U.S.C. Reorg. Plan No. 2 of 1978

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  43 F.R. 36037, 92 Stat. 3783

• 5A U.S.C. Reorg. Plan No. 3 of 1978

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  43 F.R. 41943, 92 Stat. 3788

• 5A U.S.C. Reorg. Plan No. 3 of 1979

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  44 F.R. 69273, 93 Stat. 1381, as amended Pub. L. 97–195, § 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, § 122, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 117–328, div. BB, title VI, § 604, Dec. 29, 2022, 136 Stat. 5566

• 6 U.S.C. § 1500(b)(3)

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  (3) The Director shall be entitled to receive the same pay and allowances as are provided for level II of the Executive Schedule under section 5313 of title 5.

• 7 U.S.C. § 6992(e)(2)(A)

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  (A) a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

• 10 U.S.C. § 973(b)(2)(A)(iii)

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  (iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5.

• 12 U.S.C. § 5491(b)(4)

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  (4) The Director shall be compensated at the rate prescribed for level II of the Executive Schedule under section 5313 of title 5.

• 18 U.S.C. § 207(d)(2)(B)

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  (B) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5.

• 20 U.S.C. § 9631(e)(3)

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  (3) In no case shall the Director or any employee of the Center receive annual compensation that exceeds an amount equal to the annual rate payable for level II of the Executive Schedule under section 5313 of title 5.

• 22 U.S.C. § 3961(a)

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  (a) Except as provided in section 3942(b) of this title, each chief of mission shall receive a salary, as determined by the President, at one of the annual rates payable for levels II through V of the Executive Schedule under sections 5313 through 5316 of title 5, except that the total compensation, exclusive of danger pay, for any chief of mission shall be subject to the limitation on certain payments under section 5307 of title 5 or the limitation under section 3962(a)(3) of this title, whichever is higher.

• 22 U.S.C. § 3973(a)

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  (a) The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under section 5313 of title 5 at the time of death, except that for employees compensated under local compensation plans established under section 3968 of this title the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source.

• 22 U.S.C. § 7703(b)(4)(A)

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  (A) The Chief Executive Officer shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5 and shall have the equivalent rank of Deputy Secretary.

• 25 U.S.C. § 4042(b)(2)

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  (2) The Special Trustee shall be paid at a rate determined by the Secretary to be appropriate for the position, but not less than the rate of basic pay payable at Level II of the Executive Schedule under section 5313 of title 5.

• 26 U.S.C. § 3121(b)(5)(D)(i)

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  (i) in a position placed in the Executive Schedule under sections 5312 through 5317 of title 5, United States Code,

• 28 U.S.C. § 591(b)(3)

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  (3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5;

• 29 U.S.C. § 3254(15)(A)

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  (A) None of the funds available under this subchapter shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5.

• 38 U.S.C. § 714(h)(5)(A)

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  (A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

• 38 U.S.C. § 7451(c)(2)(A)(iii)

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  (iii) in the case of a registered nurse, the maximum rate of basic pay established for positions in level II of the Executive Schedule under section 5313 of title 5; and

• 42 U.S.C. § 210(g)

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  (g) The Secretary is authorized to establish and fix the compensation for, within the Public Health Service, not more than one hundred and seventy-nine positions, of which not less than one hundred and fifteen shall be for the National Institutes of Health, not less than five shall be for the National Institute on Alcohol Abuse and Alcoholism for individuals engaged in research on alcohol abuse and alcoholism, not less than ten shall be for the National Center for Health Services Research, not less than twelve shall be for the National Center for Health Statistics, and not less than seven shall be for the National Center for Health Care Technology, in the professional, scientific, and executive service, each such position being established to effectuate those research and development activities of the Public Health Service which require the services of specially qualified scientific, professional and administrative personnel: Provided, That the rates of compensation for positions established pursuant to the provisions of this subsection shall not be less than the minimum rate of grade 16 of the General Schedule nor more than (1) the highest rate of grade 18 of the General Schedule, or (2) in the case of two such positions, the rate specified, at the time the service in the position is performed, for level II of the Executive Schedule (5 U.S.C. 5313); and such rates of compensation for all positions included in this proviso shall be subject to the approval of the Director of the Office of Personnel Management. Positions created pursuant to this subsection shall be included in the classified civil service of the United States, but appointments to such positions shall be made without competitive examination upon approval of the proposed appointee’s qualifications by the Director of the Office of Personnel Management or such officers or agents as it may designate for this purpose.

• 42 U.S.C. § 300hh–3(a)

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  (a) There is established in the Executive Office of the President an Office of Pandemic Preparedness and Response Policy (referred to in this section as the “Office”), which shall be headed by a Director (referred to in this section as the “Director”) appointed by the President and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5. The President is authorized to appoint not more than 2 Associate Directors, who shall be compensated at a rate not to exceed that provided for level III of the Executive Schedule in section 5314 of such title. Associate Directors shall perform such functions as the Director may prescribe.

• 42 U.S.C. § 410(a)(5)(D)(i)

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  (i) in a position placed in the Executive Schedule under sections 5312 through 5317 of title 5,

• 42 U.S.C. § 1864(a)

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  (a) The Director of the Foundation (referred to in this chapter as the “Director”) shall be appointed by the President, by and with the advice and consent of the Senate. Before any person is appointed as Director, the President shall afford the Board an opportunity to make recommendations to him with respect to such appointment. The Director shall receive basic pay at the rate provided for level II of the Executive Schedule under section 5313 of title 5, and shall serve for a term of six years unless sooner removed by the President.

• 42 U.S.C. § 4346

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  Members of the Council shall serve full time and the Chairman of the Council shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313). The other members of the Council shall be compensated at the rate provided for Level IV or¹ the Executive Schedule Pay Rates (5 U.S.C. 5315).

• 42 U.S.C. § 6612(a)

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  (a) There shall be at the head of the Office a Director who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule in section 5313 of title 5.

• 42 U.S.C. § 7132(a)

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  (a) There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5. The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.

• 42 U.S.C. § 9848(b)(1)

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  (1) Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5.

• 42 U.S.C. § 16298c(a)(1)(B)

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  (B) fix the basic pay of any employee appointed under subparagraph (A) at a rate not to exceed level II of the Executive Schedule under section 5313 of title 5; and

• 49 U.S.C. § 106(f)(5)(A)

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  (A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);

• 50 U.S.C. § 3024(r)(3)

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  (3) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level II of the Executive Schedule under section 5313 of title 5, except upon written approval of the Director of National Intelligence or as otherwise authorized by law.

• 50 U.S.C. § 3049a(b)(1)(A)

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  (A) not to exceed the rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5 if the Director certifies to the Under Secretary of Defense for Intelligence and Security, in consultation with the Under Secretary of Defense for Personnel and Readiness, that the rate of pay is for positions that perform functions that execute the cyber mission of the Agency; or