§5312. Positions at level I — Inbound Citations

Citations to 5 U.S.C. § 5312 as a whole

• 2 U.S.C. § 362(3)(A)(ii)

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  (ii) The rates of pay recommended for the majority and minority leaders of the Senate and the House of Representatives, the President pro tempore of the Senate, and each office or position under section 5312 of title 5 (relating to level I of the Executive Schedule), respectively, shall be equal.
• 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. § 6506(b)(2)(A)

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  (A) the degree of participation by employees of each executive agency in teleworking during the period covered by the report (and for each executive agency whose head is referred to under section 5312, the degree of participation in each bureau, division, or other major administrative unit of that agency), including—

  (i) the total number of employees in the agency;

  (ii) the number and percent of employees in the agency who are eligible to telework; and

  (iii) the number and percent of eligible employees in the agency who are teleworking—

  (I) 3 or more days per pay period;

  (II) 1 or 2 days per pay period;

  (III) once per month; and

  (IV) on an occasional, episodic, or short-term basis;
• 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;
• 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. § 1599f(b)(2)

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  (2) may prescribe a rate of basic pay for such an employee so appointed at a rate not to exceed a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5.
• 12 U.S.C. § 1723a(d)(2)

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  (2) The board of directors of the corporation shall have the power to select and appoint or employ such officers, attorneys, employees, and agents, to vest them with such powers and duties, and to fix and to cause the corporation to pay such compensation to them for their services, as the board of directors determines reasonable and comparable with compensation for employment in other similar businesses (including other publicly held financial institutions or major financial services companies) involving similar duties and responsibilities, except that a significant portion of potential compensation of all executive officers (as such term is defined in paragraph (3)(C)) of the corporation shall be based on the performance of the corporation; and any such action shall be without regard to the Federal civil service and classification laws. Appointments, promotions, and separations so made shall be based on merit and efficiency, and no political tests or qualifications shall be permitted or given consideration. Each officer and employee of the corporation who is employed by the corporation prior to January 31, 1972, and who on the day previous to the beginning of such employment will have been subject to the civil service retirement law (subch. III of ch. 83 of title 5) shall, so long as the employment of such officer or employee by the corporation continues without a break in continuity of service, continue to be subject to such law; and for the purpose of such law the employment of such officer or employee by the corporation without a break in continuity of service shall be deemed to be employment by the Government of the United States. The corporation shall contribute to the Civil Service Retirement and Disability Fund a sum as provided by section 8334(a) of title 5, except that such sum shall be determined by applying to the total basic pay (as defined in section 8331(3) of title 5 and except as hereinafter provided) paid to the employees of the corporation who are covered by the civil service retirement law, the per centum rate determined annually by the Director of the Office of Personnel Management to be the excess of the total normal cost per centum rate of the civil service retirement system over the employee deduction rate specified in section 8334(a) of title 5. The corporation shall also pay into the Civil Service Retirement and Disability Fund such portion of the cost of administration of the fund as is determined by the Director of the Office of Personnel Management to be attributable to its employees. Notwithstanding the foregoing provisions, there shall not be considered for the purposes of the civil service retirement law that portion of the basic pay in any one year of any officer or employee of the corporation which exceeds the basic pay provided for positions listed in section 5312 of title 5 on the last day of such year: Provided, That with respect to any person whose employment is made subject to the civil service retirement law by section 806 of the Housing and Community Development Act of 1974, there shall not be considered for the purposes of such law that portion of the basic pay of such person in any one year which exceeds the basic pay provided for positions listed in section 5316 of such title 5 on the last day of such year. Except as provided in this subsection, the corporation shall not be subject to the provisions of title 5.
• 22 U.S.C. § 10603(c)(4)

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  (4) should not receive a salary at a rate that is greater than the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5.
• 24 U.S.C. § 415(d)(3)

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  (3) The total amount of the basic pay and bonus paid the Chief Operating Officer for a year under this section may not exceed the annual rate of basic pay payable for level I of the Executive Schedule under section 5312 of title 5.
• 26 U.S.C. § 162(e)(5)(D)(i)

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  (i) any individual serving in a position in level I of the Executive Schedule under section 5312 of title 5, United States Code, (ii) any other individual designated by the President as having Cabinet level status, and (iii) any immediate deputy of an individual described in clause (i) or (ii).
• 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,
• 26 U.S.C. § 7217(e)(2)

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  (2) any individual (other than the Attorney General of the United States) serving in a position specified in section 5312 of title 5, United States Code.
• 28 U.S.C. § 591(b)(2)

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  (2) any individual serving in a position listed in section 5312 of title 5;
• 31 U.S.C. § 1344(b)(3)(A)

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  (A) officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and
• 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)(i)

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  (i) in the case of an advanced practice nurse, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5;
• 38 U.S.C. § 7451(c)(2)(A)(ii)

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  (ii) in the case of a physician assistant, the maximum rate of basic pay established for positions in level I of the Executive Schedule under section 5312 of title 5;
• 39 U.S.C. § 1003(a)

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  (a) Except as provided under chapters 2 and 12 of this title, section 415 of title 5, or other provision of law, the Postal Service shall classify and fix the compensation and benefits of all officers and employees in the Postal Service. It shall be the policy of the Postal Service to maintain compensation and benefits for all officers and employees on a standard of comparability to the compensation and benefits paid for comparable levels of work in the private sector of the economy. No officer or employee shall be paid compensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5.
• 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. § 19116(3)(B)(ii)(I)

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  (I) in the case of employees appointed pursuant to clause (i) to any of 5 positions designated by the Foundation for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at level I of the Executive Schedule under section 5312 of title 5; and
• 47 U.S.C. § 396(e)(1)

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  (1) The Corporation shall have a President, and such other officers as may be named and appointed by the Board for terms and at rates of compensation fixed by the Board. No officer or employee of the Corporation may be compensated by the Corporation at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5. No individual other than a citizen of the United States may be an officer of the Corporation. No officer of the Corporation, other than the Chairman or a Vice Chairman, may receive any salary or other compensation (except for compensation for services on boards of directors of other organizations that do not receive funds from the Corporation, on committees of such boards, and in similar activities for such organizations) from any sources other than the Corporation for services rendered during the period of his or her employment by the Corporation. Service by any officer on boards of directors of other organizations, on committees of such boards, and in similar activities for such organizations shall be subject to annual advance approval by the Board and subject to the provisions of the Corporation’s Statement of Ethical Conduct. All officers shall serve at the pleasure of the Board.
• 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);
• 49 U.S.C. § 24315(a)(2)

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  (2) provides relevant information about a decision to pay an officer of Amtrak more than the rate for level I of the Executive Schedule under section 5312 of title 5; and
• 50 U.S.C. § 3024(r)(4)

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  (4) 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 I of the Executive Schedule under section 5312 of title 5, except upon written approval of the President in response to a request by the Director of National Intelligence or as otherwise authorized by law.
• 50 U.S.C. § 4514(b)

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  (b) No provision of this subchapter shall be exercised or interpreted to require action or compliance by any private person to assist in any way in the production of or other involvement in chemical or biological warfare capabilities, unless authorized by the President (or the President’s designee who is serving in a position at level I of the Executive Schedule in accordance with section 5312 of title 5) without further redelegation.