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1972-Pub. L. 92-392, § 1(b), Aug. 19, 1972, 86 Stat. 572, substituted items 5341, 5343, 5344, and 5345 relating to "Policy", "Prevailing rate determinations; wage schedules; night differentials", "Effective date of wage increase; retroactive pay" and "Retained rate of pay on reduction in grade or reassignment", for such former items relating to "Trades and crafts", "Effective date of pay increase", "Retroactive pay" and "Position classification appeals", added items 5342, 5346, 5347, and 5349, and renumbered former item 5342 as 5348.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 700; title 18 section 3153; title 42 section 5872.

CHAPTER REFERRED TO IN D.C. CODE

This chapter is referred to in section 23-1306 of the District of Columbia Code.

SUBCHAPTER I.-PAY COMPARABILITY
SYSTEM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 29 sections 661, 676.

§ 5304. Presidential policies and regulations.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

EXECUTIVE ORDER No. 11073

Ex. Ord. No. 11073, Jan. 7, 1963, 28 F.R. 203, as amended by Ex. Ord. No. 11173, Aug. 20, 1964, 29 F.R. 11999, set out as a note under this section, which provided for federal salary administration, was superseded by Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, set out as a note under this section.

Ex. ORD. No. 11721. FEDERAL PAY ADMINISTRATION Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, provided: By virtue of the authority vested in me by sections 5303, 5304, and 5305 of title 5, United States Code, and as President of the United States, it is hereby ordered as follows: PART I-GENERAL POLICY

Section 101. Heads of agencies are directed:

(a) To make full use of the authorities in chapter 53 of title 5, United States Code [this chapter], and the statutory pay systems to which section 5301 of that chapter refers to secure and maintain the high quality of Federal personnel necessary for an effective and efficient Government service;

(b) To use these authorities to (1) motivate employees to perform continuously at their full capacity, and (2) provide fair treatment in pay matters of all employees subject to the statutory pay systems; and

(c) To take appropriate measures to ensure that the Government receives full value for its expenditures for salaries and that every employee is paid no more than is warranted by the nature of his assignments and the degree of competence with which he performs them.

Sec. 102. As used in this order, the term "agency" has the meaning given to it by section 5102(a) of title 5, United States Code.

PART II-ANNUAL PAY REVIEW

Section 201. The Director, Office of Management and Budget, and the Chairman, United States Civil Service Commission, are hereby designated as the President's agent under section 5305 of title 5, United States Code.

Sec. 202. The head of each agency employing personnel under the statutory pay systems (as defined in section 5301(c) of title 5, United States Code) shall provide such information and technical assistance with respect to the statutory pay systems applicable to his agency as may be requested by the President's agent in carrying out the provisions of section 5305 of title 5, United States Code.

Sec. 203. The following agencies are designated under section 5305 (q) of title 5, United States Code, to prescribe the rules necessary to convert the rates of basic pay or salaries of officers and employees to the new pay rates as adjusted for each statutory pay system under section 5305 of title 5, United States Code:

(i) General Schedule-the Civil Service Commission; (ii) Foreign Service schedules-the Department of State;

(iii) Schedules for the Department of Medicine and Surgery of the Veterans Administration-the Veterans Administration.

PART III SPECIAL RATES FOR RECRUITMENT AND RETENTION

Section 301 (a). The Civil Service Commission is hereby designated to exercise

(1) the authority of the President under section 5303 (a) and (b) of title 5, United States Code, to establish or revise higher minimum rates of pay, and

(2) the authority of the President under section 5303 (d) of title 5, United States Code, to prescribe conversion rules for adjusting an employee's pay.

(b) Before exercising these functions for positions compensated under the Foreign Service schedules or under the schedules for physicians, dentists, and nurses in the Department of Medicine and Surgery of the Veterans Administration, the Civil Service Commission shail consult with the head of the agency concerned.

Sec. 302(a). Before establishing higher rates of pay under section 5303 (a) of title 5, United States Code, the Civil Service Commission shall consider whether

(1) an adequate recruiting program has been implemented and that attention has been given to the improvement of working conditions and to other relevant factors; and

(2) adequate recruitment or retention cannot be achieved by alternate means such as job redesign or skills improvement training programs.

(b) The Civil Service Commission may not establish higher rates for all positions in a statutory grade or level in a given area unless the Commission determines that adequate recruitment and retention cannot be achieved by establishment of higher rates for certain occupations or groups of occupations.

Sec. 303. The Civil Service Commission shall review, at least annually, higher rates of pay established under section 5303 (a) of title 5, United States Code, and shall continue, abolish, or revise the higher rates in consideration of the facts and pertinent criteria under the law and this order.

Sec. 304. An employee's basic pay rate may not be reduced solely because of a revision to, or cancellation of, the higher rates established under section 5303 (a) of title 5, United States Code.

PART IV-GENERAL SCHEDULE SYSTEM Section 401(a). Heads of agencies shall ensure that agency managers and supervisors at all levels use the position classification plan of the General Schedule

system as a tool for effective and efficient human resources utilization.

(b) The Civil Service Commission shall revoke the position classification authority of an agency under the General Schedule whenever the Commission finds, in connection with its regular evaluation, or otherwise, that an agency has failed to classify its positions in accordance with or consistently with applicable standards.

Sec. 402. The Civil Service Commission shall issue such regulations and standards as may be necessary to ensure that only those employees whose work is of an acceptable level of competence receive periodic step-increases under the provisions of section 5335 of title 5, United States Code.

Sec. 403 (a). The Civil Service Commission shall require each agency employing personnel under the General Schedule to establish a plan for granting additional stepincreases in recognition of high quality performance under section 5336 of title 5, United States Code, and shall require that the plans (1) be as simple as practicable, (2) provide for delegation of authority to an appropriate management level, (3) seek to ensure fairess to all employees, and (4) provide for informing employees, at least annually, of the number of additional tep-increases granted in their agencies.

(b) The Civil Service Commission shall (1) establish such regulations and standards as it deems appropriate for agency plans, (2) aid and advise agencies in the formulation and administration of the plans, and (3) evaluate the plans and their operation to ensure that step-increases are granted in a manner that is fair to employees and provides motivation for high quality performance.

Sec. 404. The Civil Service Commission, in prescribing regulations for higher rates of pay under section 5333 (b) of title 5, United States Code, for employees having responsibility for supervision of prevailing-rate employees, shall give effect to the following;

(a) An irregular prevailing rate (such as the saved rate of a prevailing-rate employee not related to his current position) shall not serve to advance the pay rate of a supervisor under the General Schedule.

(b) The relative rate-range of a General Schedule supervisor and a prevailing-rate employee supervised by him shall be considered as well as the specific rate either is receiving at a given time.

(c) Due consideration shall be given to equities among General Schedule supervisors as well as those between a General Schedule supervisor and a prevailing-rate employed supervised by him.

PART V-PRIOR ORDER SUPERSEDED

Section 501. Executive Order 11073 of January 2, 1963, and Executive Order 11173 of August 20, 1964, are hereby superseded.

RICHARD NIXON.

§ 5305. Annual pay reports and adjustments. EQUITABLE WAGE ADJUSTMENTS FOR CERTAIN PREVAILING RATE EMPLOYEES

Sections 1 and 2 of Pub. L. 92-298, May 17, 1972, 86 Stat. 146, provided:

"That this Act [enacting provisions set out as notes under this section and amending notes set out under section 60a of Title 2, The Congress] may be cited as the 'Prevailing Rate Equalization Adjustment Act of 1972'.

"Sec. 2. (a) Notwithstanding any other provision of law or any provision of an Executive order or regulation, a wage schedule adjustment for employees of the Government of the United States whose pay is fixed and adjusted from time to time in accordance with prevailing rates

"(1) if based on a wage survey ordered to be made on or after August 15, 1971, but not placed into effect before November 14, 1971, by reason of the provisions of Executive Order 11615 or Executive Order 11627 [formerly set out as notes under section 1904 of Title 12]; or

"(2) if based on a wage survey which had been scheduled to be made during the period beginning on September 1, 1971, and ending on January 12, 1972, and which was ordered to be made on or after January 23, 1972;

shall be effective on the date on which such wage schedule adjustment would have been effective under section 5343 of title 5, United States (Code), had the fiscal year 1972 schedule for wage surveys for such employees been followed.

"(b) Retroactive pay made under the provisions of this section will be made in accordance with section 5344 of title 5, United States Code."

ADJUSTMENTS IN RATES OF PAY OF FEDERAL STATUTORY PAY SYSTEMS; EFFECTIVE DATE

Pub. L. 92-210, § 3, Dec. 22, 1971, 85 Stat. 753, provided that:

"Notwithstanding any provision of section 3(c) of the Federal Pay Comparability Act of 1970 (Public Law 91656), or of section 5305 of title 5, United States Code, as added by section 3 (a) of Public Law 91-656, and the provisions of the alternative plan submitted by the President to the Congress pursuant thereto on August 31, 1971, such comparability adjustments in the rates of pay of each Federal statutory pay system as may be required under such sections 5305 and 3(c), based on the 1971 Bureau of Labor Statistics survey

"(1) shall not be greater than the guidelines established for the wage and salary adjustments for the private sector that may be authorized under authority of any statute of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379; 84 Stat. 799), as amended [set out as a note under section 1904 of Title 12], and that may be in effect on December 31, 1971; and

"(2) shall be placed into effect on the first day of the first pay period that begins on or after January 1, 1972. Nothing in this section shall be construed to provide any adjustments in rates of pay of any Federal statutory pay system which are greater than the adjustments based on the 1971 Bureau of Labor Statistics survey."

Ex. ORD. No. 11639. PAY ADJUSTMENTS FOR FEDERAL PREVAILING RATE SYSTEMS

Ex. Ord. No. 11639, Jan. 11, 1972, 37 F.R. 521, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States, including the Economic Stabilization Act of 1970 (Public Law 91-379, 84 Stat. 799), as amended by the Economic Stabilization Act Amendments of 1971 (Public Law 92-210, 85 Stat. 743) [set out as a note under section 1904 of Title 12, Banks and Banking], it is hereby ordered as follows:

SECTION 1. The head of each executive agency or milltary department authorized to fix by administrative action the rate of basic pay for a position or employee under subchapter IV of chapter 53 of title 5 of the United States Code [this subchapter], shall fix any such rate in accordance with instructions issued by the United States Civil Service Commission (hereinafter referred to as the Commission) under the authority of this order.

SEC. 2. (a) The Commission is hereby authorized and directed to issue to the heads of executive agencies and military departments instructions on the fixing of rates of basic pay for positions and employees covered by section 1 of this order.

(b) In issuing instructions under this order, the Commission shall maintain consistency in each pay schedule adjustment with the fiscal and economic policies of the United States, including the policies and pay increase guidelines issued by the Pay Board established under Executive Order No. 11627 of October 15, 1971. No pay schedule adjustment shall exceed such guidelines, except where (1) a tandem relationship exists between a Federal pay schedule for a specialized employee unit and pay increases granted in a specialized activity in the private sector, (ii) the Pay Board has permitted a pay increase for the specialized activity in the private sector which is in excess of the guidelines, and (iii) it is determined that a comparable increase is essential to the continued operation of the Government service concerned.

SEC. 3. The instructions issued by the Commission under this order may (1) prescribe definitions of the terms used herein, (ii) redelegate to the head of an executive agency or military department any of the Commission's authority under this order, and (iii) contain such other provisions as the Commission determines to be necessary and appropriate to carry out the purposes of this order.

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1975-Par. (13). Pub. L. 93-618 added par. (13). COMPENSATION AND EMOLUMENTS OF ATTORNEY GENERAL; FIXING AT LEVEL IN EFFECT ON JANUARY 1, 1969

Pub. L. 93-178, § 1, Dec. 10, 1973, 87 Stat. 697, provided: "That the compensation and other emoluments attached to the Office of Attorney General shall be those which were in effect on January 1, 1969, notwithstanding the provisions of the salary recommendations for 1969 increases transmitted to the Congress on January 15, 1969 [set out as a note under section 358 of Title 2, The Congress], and notwithstanding any other provision of law, or provision which has the force and effect of law, which is enacted or becomes effective during the period from noon, January 3, 1969, through noon January 2, 1975."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1723; title 39 section 1003; title 45 sections 543, 712.

§ 5313. Positions at level II.

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $30,000:

(1) Deputy Secretaries of Defense (2).

(2) Deputy Secretary of State.

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(6) Deputy Secretary of the Treasury.

(7) Deputy Secretary of Transportation. (8) Chairman, Nuclear Regulatory Commismission.

(21) Director of the Special Action Office for Drug Abuse Prevention.

(22) Administrator of Energy Research and Development Administration.

(As amended Pub. L. 92-255, title II, § 212(a), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-302, § 2(a), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, title I, § 104(1), July 13, 1972, 86 Stat. 490; Pub. L. 92-596,

§ 6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93-438, title III, § 310(1), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-496, § 16 (c), Oct. 28, 1974, 88 Stat. 1533.)

AMENDMENTS

1974-Par. (7). Pub. L. 93-496 substituted "Deputy Secretary of Transportation" for "Under Secretary for Transportation".

Par. (8). Pub. L. 93-438 substituted "Chairman, Nuclear Regulatory Commission" for "Chairman, Atomic Energy Commission".

Par. (22). Pub. L. 93-438 added par. (22).

1972-Par. (1). Pub. L. 92-596 substituted "Deputy Secretaries of Defense (2)" for "Deputy Secretary of Defense".

Par. (2). Pub. L. 92-352 substituted "Deputy Secretary of State" for "Under Secretary of State".

Par. (6). Pub. L. 92-302 added par. (6), "Deputy Secretary of the Treasury." A prior par. (6), "Administrator of the Housing and Home Finance Agency," was repealed by Pub. L. 90-83, § 1(13), Sept. 11, 1967, 81 Stat. 198. Par. (21). Pub. L. 92-255 added par. (21).

EFFECTIVE DATE OF 1974 AMENDMENT Amendment of Pub. L. 93-438 effective 120 days after Oct. 11, 1974, or on such earlier date as the President may prescribe and publish in the Federal Register, except that officers provided for in sections 5811-5820 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 a note under section 5801 of Title 42.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of Title 31, Money and Finance.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

PAY INCREASE; EFFECTIVE DATE

Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92-302, not eligible to an increase on basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92-302, set out as a note under section 1004 of Title 31, Money and Finance.

OFFICE OF SCIENCE AND TECHNOLOGY

The office of Director of the Office of Science and Technology was abolished and all functions vested by law in such office were transferred to the Director of the National Science Foundation by sections 2 and 3(a) (5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix of this title.

SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION, DIRECTOR OF OFFICE; REPEAL OF AUTHORITY FOR OFFICE Par. (21) of this section establishing level II position for Director of the Special Action Office for Drug Abuse Prevention, repealed effective June 30, 1975, see section 104 of Pub. L. 92-255, classified to section 1104 of Title 21, Food and Drugs.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8704 of this title; title 15 section 763; title 22 sections 866, 2847; title 23 section 303; title 42 sections 210, 1864, 5871, 5872.

§ 5314. Positions at level III.

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $29,500:

(9) Under Secretary of State for Political Affairs and Under Secretary of State for Economic Affairs and an Under Secretary of State for Coordinating Security Assistance Programs.

(10) Under Secretary of the Treasury (or Counselor).

(42) Members, Nuclear Regulatory Commission.

(55) Administrator of Law Enforcement Assistance.

(58) Governor of the Farm Credit Administration.

(58) Chairman, Equal Employment Opportunity Commission.

(59) Chairman, Consumer Product Safety Commission.

(60) Deputy Administrator, Energy Research and Development Administration.

(60) Chairman, Commodity Futures Trading Commission.

(60) Deputy Special Representatives for Trade Negotiations (2).

(61) Chairman, United States International Trade Commission.

(As amended Pub. L. 92-181, title V, § 5.27(a), Dec. 10, 1971, 85 Stat. 625; 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. 9383, § 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.)

AMENDMENTS

1975-Par. (60). Pub. L. 93-618, § 141(b) (3) (B), added par. (60), relating to Deputy Special Representatives for Trade Negotiations.

Par. (61). Pub. L. 93-618, § 172(c) (1), added par. (61). 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. Par. (60). 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), Administrator of Law Enforcement Assistance.

1972-Par. (9). Pub. L. 92-352 substituted "and" for "or", following "Political Affairs."

Par (9). 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). 1971-Par. (58). Pub. L. 92-181 added par. (58) relating to the Governor of the Farm Credit Administration. 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 the President may prescribe and publish in the Federal Register, except that officers provided for in sections 5811-5820 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 a note under section 5801 of Title 42.

EFFECTIVE DATE OF 1973 AMENDMENT

Offices and salaries modified under amendment of this section by Pub. L. 93-83 prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of Title 31, Money and Finance.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget. See Office of Management and Budget note set out under this section in the main volume.

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, set out as a note under section 1004 of Title 31, Money and Finance.

OFFICE OF EMERGENCY PREPAREDNESS

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 282b, 474, 601; title 15 section 763; title 22 section 866; title 42 sections 1864a, 5041, 5871, 5872; title 50 App. section 2169.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in sections 1-161, 9-146 of the District of Columbia Code.

§ 5315. Positions at level IV.

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay is $28,750:

(10) Deputy Under Secretary of State. (11) Assistant Secretaries of Agriculture (4).

(13) Assistant Secretaries of Defense (9).

(18) Assistant Secretaries of the Interior (6).

(23) Assistant Secretaries of the Treasury (5). (24) Members, United States International Trade Commission.

(50) Repealed, Pub. L. 93-438, title III, § 310 (3), Oct. 11, 1974, 88 Stat. 1253.

(51) Repealed. Pub. L. 92-181, title V, § 5.27(a), Dec. 10, 1971, 85 Stat. 625.

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(72) Members, Equal Employment Opportunity Commission (4).

(87) Assistant Secretaries of Housing and Urban Development (8).

(90) Deputy Administrator for Policy Development of the Law Enforcement Assistance Administration.

(95) Deputy Director of the Special Action Office for Drug Abuse Prevention.

(96) Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). (97) Members, Consumer Product Safety Commission (4).

(97) Commissioner of Social Security, Department of Health, Education, and Welfare.

(99) Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.

(100) Administrator for Federal Procurement Policy.

(100) Assistant Administrators, Energy Research and Development Administration (6). (100) Members, Commodity Futures Trading Commission.

(101) Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission.

(102) Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission.

(103) Director of Nuclear Regulatory Research, Nuclear Regulatory Commission.

(104) Executive Director for Operations, Nuclear Regulatory Commission.

(As amended Pub. L. 92-22, § 2, June 1, 1971, 85 Stat. 76; Pub. L. 92-181, title V, § 5.27(a), Dec. 10, 1971, 85 Stat. 625; Pub. L. 92-215, § 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 92-255, title II, § 212(b), Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-261, § 9(b), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302, § 2(c), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, title I, § 104(3), July 13, 1972, 86 Stat. 490; Pub. L. 92-419, title VI, § 604(b), Aug. 30, 1972, 86 Stat. 676; Pub. L. 92-573, § 4(h) (2), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 92603, title IV, § 404(b), Oct. 30, 1972, 86 Stat. 1488; Pub. L. 90-351, title I, § 506(a), as added Pub. L. 9383, § 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93-126, § 9 (b), as added Pub. L. 93-312, § 9, June 8, 1974, 88 Stat. 238; Pub. L. 93-383, title VIII, § 818 (c), Aug. 22, 1974, 88 Stat. 740; Pub. L. 93-400, § 13, Aug. 30, 1974, 88 Stat. 799; Pub. L. 93-438, title III, § 310 (3), Oct. 11, 1974, 88 Stat. 1253; Pub. L. 93-463, title I, § 102 (b), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, title I, § 172(c) (2), Jan. 3, 1975, 88 Stat. 2010.)

AMENDMENTS

1975-Par. (24). Pub. L. 93-618 substituted "Members, United States International Trade Commission" for "Chairman of the United States Tariff Commission". 1974-Par. (50). Pub. L. 93-438 struck out par. (50) "General Manager of the Atomic Energy Commission". See pars. (100)-(104) of this section.

Par. (87). Pub. L. 93-383 increased number of Assistant Secretaries from 6 to 8.

Par. (99). Pub. L. 93-126, § 9(b), as added by Pub. L. 93-312, added par. (99).

Par. (100). Pub. L. 93-463 added par. (100), relating to Members, Commodity Futures Trading Commission. Par. (100) Pub. L. 93-438 added par. (100), relating to Assistant Administrators, Energy Research and Development Administration.

Par. (100). Pub. L. 93-400 added par. (100), relating to Administrator for Federal Procurement Policy.

Pars. (101)-(104). Pub. L. 93-438 added pars. (101)(104).

1973-Par. (90). Pub. L. 93-83 substituted "Deputy Administrator for Policy Development of the Law Enforcement Assistance Administration" for "Associate Administrator of Law Enforcement Assistance (2)".

1972-Par. (10). Pub. L. 92-352 substituted "Secretary of State" for "Secretaries of State (2)".

Par. (11). Pub. L. 92-419 increased from three to four the number of authorized Assistant Secretaries of Agriculture.

Par. (23). Pub. L. 92-302, § 2(c) (1), increased the number of Assistant Secretaries of the Treasury from 4 to 5. Par. (72). Pub. L. 92-261 substituted "Members, Equal Employment Opportunity Commission (4)" for "Chairman, Equal Employment Opportunity Commission". Par. (95). Pub. L. 92-255 added par. (95).

Par. (96). Pub. L. 92-302, § 2(c) (2), added par. (96). Par. (97). Pub. L. 92-603 added par. (97), relating to Commissioner of Social Security, Department of Health, Education, and Welfare.

Par. (97). Pub. L. 92-573 added par. (97) relating to Members, Consumer Product Safety Commission (4). 1971-Par. (13). Pub. L. 92-215 increased the number of Assistant Secretaries of Defense from 8 to 9.

Par. (18). Pub. L. 92-22 increased from five to six the number of authorized Assistant Secretaries of the Interior. Par. (51). Pub. L. 92-181 struck out provision for the Governor of the Farm Credit Administration.

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 the President may prescribe and publish in the Federal Register, except that officers provided for in sections 5811-5820 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 a note under section 5801 of Title 42.

EFFECTIVE DATE OF 1973 AMENDMENT

Offices and salaries modified under amendment of this section by Pub. L. 93-83 prospectively only, effective on and after Aug. 6, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1972 AMENDMENTS

Section 404 (c) of Pub. L. 92-603 provided that: "The amendments made by the preceding provisions of this section [amending this section and section 5316 of this title] shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted [Oct. 30, 1972]."

Amendment by Pub. L. 92-302 effective May 18, 1972, see section 3 of Pub. L. 92-302, set out as a note under section 1004 of Title 31, Money and Finance.

TRANSFER OF FUNCTIONS

All functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget were transferred to the President of the United States by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085. Section 102 of 1970 Reorg. Plan No. 2, redesignated the Bureau of the Budget as the Office of Management and Budget.

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