Title 5 — Government Organization and EmployeesRelease 119-73
§5317 Presidential authority to place positions at levels IV and V
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 53— - PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER II— - EXECUTIVE SCHEDULE PAY RATES › § 5317
Summary
President may move up to 34 positions into Executive Schedule levels IV or V when an agency’s organization, management duties, or workload change. For Senate-confirmed positions, the change only takes effect with a new appointment. Each action must be published in the Federal Register unless national security prevents publication. It cannot apply to positions with pay fixed by this subchapter or by law enacted after August 14, 1964.
Full Legal Text
Title 5, §5317
Government Organization and Employees — Source: USLM XML via OLRC
In addition to the positions listed in section 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2211(f).Aug. 14, 1964, Pub. L. 88–426, § 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 ActThe amendment to 5 U.S.C. 5317 conforms to the style of title 5.
Editorial Notes
Amendments
1966—Pub. L. 89–670 increased from thirty to thirty-four the number of additional level IV and V positions authorized when necessary.
Statutory Notes and Related Subsidiaries
Effective Date
of 1966 AmendmentAmendment 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.
Executive Documents
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 Positions1–101. 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 Provisions1–201. 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 5317
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73