
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5312]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
               SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
 
Sec. 5312. Positions at level I

    Level I 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:
        Secretary of State.
        Secretary of the Treasury.
        Secretary of Defense.
         Attorney General.
        Secretary of the Interior.
        Secretary of Agriculture.
        Secretary of Commerce.
        Secretary of Labor.
        Secretary of Health and Human Services.
        Secretary of Housing and Urban Development.
        Secretary of Transportation.
        United States Trade Representative.
        Secretary of Energy.
        Secretary of Education.
        Secretary of Veterans Affairs.
        Director of the Office of Management and Budget.
        Commissioner of Social Security, Social Security Administration.
        Director of National Drug Control Policy.
        Chairman, Board of Governors of the Federal Reserve System.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460; Pub. L. 89-670, 
Sec. 10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L. 91-375, 
Sec. 6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-618, title I, 
Sec. 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94-82, title II, 
Sec. 202(b)(1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95-91, title VII, 
Sec. 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96-54, 
Sec. 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-88, title V, 
Sec. 508(c), (g), Oct. 17, 1979, 93 Stat. 692; Pub. L. 97-456, 
Sec. 3(d)(1), (5), Jan. 12, 1983, 96 Stat. 2505; Pub. L. 99-198, title 
XI, Sec. 1113(d), Dec. 23, 1985, 99 Stat. 1480; Pub. L. 99-260, 
Sec. 4(c), Mar. 20, 1986, 100 Stat. 49; Pub. L. 100-527, Sec. 13(c), 
Oct. 25, 1988, 102 Stat. 2643; Pub. L. 100-679, Sec. 11(a), Nov. 17, 
1988, 102 Stat. 4070; Pub. L. 100-690, title I, Sec. 1003(a)(4)(A), Nov. 
18, 1988, 102 Stat. 4182; Pub. L. 103-296, title I, Sec. 108(e)(1), Aug. 
15, 1994, 108 Stat. 1486; Pub. L. 105-277, div. C, title VII, 
Sec. 713(a)(1), Oct. 21, 1998, 112 Stat. 2681-693; Pub. L. 106-569, 
title X, Sec. 1002(a)(1), Dec. 27, 2000, 114 Stat. 3028.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2211(a).             Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    303(a), 78 Stat.
                                                    416.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                          Codification

    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

    2000--Pub. L. 106-569 inserted item relating to Chairman, Board of 
Governors of the Federal Reserve System.
    1998--Pub. L. 105-277 inserted item relating to Director of National 
Drug Control Policy.
    1994--Pub. L. 103-296 inserted item relating to Commissioner of 
Social Security, Social Security Administration.
    1988--Pub. L. 100-690, Secs. 1003(a)(4)(A), 1009, temporarily 
inserted item relating to Director of National Drug Control Policy. See 
Effective and Termination Dates of 1988 Amendments note below.
    Pub. L. 100-679 inserted item relating to Director of Office of 
Management and Budget.
    Pub. L. 100-527 inserted item relating to Secretary of Veterans 
Affairs.
    1986--Pub. L. 99-260 struck out item relating to Special Assistant 
for Agricultural Trade and Food Aid.
    1985--Pub. L. 99-198 inserted item relating to Special Assistant for 
Agricultural Trade and Food Aid.
    1983--Pub. L. 97-456, Sec. 3(d)(5), substituted ``United States 
Trade Representative'' for ``Special Representative for Trade 
Negotiations''.
    1979--Pub. L. 96-88, Sec. 508(g), substituted ``Health and Human 
Services'' for ``Health, Education, and Welfare'' in item relating to 
the Secretary of Health and Human Services.
    Pars. (1) to (14). Pub. L. 96-54 struck out paragraph designations 
for positions listed herein.
    Par. (15). Pub. L. 96-88, Sec. 508(c), added par. (15) relating to 
Secretary of Education. See Codification note set out above.
    1977--Par. (14). Pub. L. 95-91 added par. (14) relating to Secretary 
of Energy.
    1975--Pub. L. 94-82 substituted provisions applying level I 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 I to positions for which annual rate of basic pay is $35,000.
    Par. (13). Pub. L. 93-618 added par. (13) relating to Special 
Representative for Trade Negotiations.
    1970--Par. (5). Pub. L. 91-375 struck out par. (5) relating to 
Postmaster General.
    1966--Pub. L. 89-670 added par. (11) relating to Secretary of 
Housing and Urban Development, and par. (12) relating to Secretary of 
Transportation.


                    Effective Date of 2000 Amendment

    Pub. L. 106-569, title X, Sec. 1002(b), Dec. 27, 2000, 114 Stat. 
3028, provided that: ``This section [amending this section and sections 
5313 and 5314 of this title] and the amendments made by this section 
shall take effect 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 the date of the enactment of this Act [Dec. 
27, 2000].''


           Effective and Termination Dates of 1988 Amendments

    Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and repealed 
on Sept. 30, 1997, see sections 1012 and 1009, respectively, of Pub. L. 
100-690.
    Section 11(e) of Pub. L. 100-679 provided that: ``The amendments 
made by this section [amending sections 5312 to 5315 of this title] 
shall be effective on January 20, 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 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.
    Section 2(a)(25)(B) of Pub. L. 96-54 provided that: The amendments 
made by subparagraph (A) [amending sections 5312 to 5316 of this title] 
shall take effect January 1, 1980''.


                    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 1966 Amendment

    Amendment by Pub. L. 89-670 effective 90 days after Secretary of 
Transportation first takes office, or on any earlier date after Oct. 15, 
1966, as President prescribes and publishes in Federal Register, see 
section 16(a), formerly Sec. 15(a), of Pub. L. 89-670.


                      Short Title of 1975 Amendment

    Section 201 of title II of Pub. L. 94-82 provided that: ``This title 
[enacting section 5318 of this title and section 461 of Title 28, 
Judiciary and Judicial Procedure, amending sections 5305, 5312, 5313, 
5314, 5315 and 5316 of this title, sections 31, 60a note, 136a, 136a-1 
and 356 of Title 2. The Congress, section 104 of Title 3, The President, 
section 68 of Title 11, Bankruptcy, sections 5, 44, 135, 173, 213, 252 
and 792 of Title 28, sections 42a and 51a of former Title 31, Money and 
Finance, sections 162a and 166b of Title 40, Public Buildings, Property, 
and Works, and section 303 of Title 44, Public Printing and Documents, 
and enacting provisions set out as a note under section 356 of Title 2] 
may be cited as the `Executive Salary Cost-of-Living Adjustment Act'.''


                            Salary Increases

    2001--Salaries of positions at level I increased to $161,200 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 2001, as provided by Ex. Ord. No. 13182, Dec. 23, 2000, 
65 F.R. 82879, 66 F.R. 10057, set out as a note under section 5332 of 
this title.
    2000--Salaries of positions at level I increased to $157,000 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 
64 F.R. 72237.
    1999--Salaries of positions at level I continued at $151,800 per 
annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
    1998--Salaries of positions at level I increased to $151,800 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 
62 F.R. 68521.
    1997--Salaries of positions at level I continued at $148,400 per 
annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
    1996--Salaries of positions at level I continued at $148,400 per 
annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
    1995--Salaries of positions at level I continued at $148,400 per 
annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
    1993--Salaries of positions at level I increased to $148,400 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 
57 F.R. 62909.
    1992--Salaries of positions at level I increased to $143,800 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 
56 F.R. 67453.
    1991--Salaries of positions at level I increased to $138,900 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 
55 F.R. 51385.
    1990--Salaries of positions at level I continued at $99,500 per 
annum, and increased to $107,300 per annum, effective on the first day 
of the first pay period beginning on or after Jan. 31, 1990, as provided 
by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
    1989--Salaries of positions at level I continued at $99,500 per 
annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
    1988--Salaries of positions at level I continued at $99,500 per 
annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
    1987--Salaries of positions at level I increased to $99,500 per 
annum, on recommendation of the President of the United States, see note 
set out under section 358 of Title 2, The Congress.
    Salaries of positions at level I increased to $88,800 per annum, 
effective on the first day of the first pay period beginning on or after 
Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 
505.
    1985--Salaries of positions at level I increased to $86,200 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 
50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 
577.
    1984--Salaries of positions at level I increased to $83,300 per 
annum, effective on the first day of the first pay period beginning on 
or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 
49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; 
Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
    1982--Salaries of positions at level I increased to $88,600 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 
47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to 
section 101(e) of Pub. L. 97-276 funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1982, which was 
$69,630.00.
    Maximum rate payable after Dec. 17, 1982, increased from $69,630.00 
to $80,100.00, see Pub. L. 97-377, title I, Sec. 129(b)-(d), Dec. 21, 
1982, 96 Stat. 1914, set out as a note under section 5318 of this title.
    Limitations on use of funds for fiscal year ending Sept. 30, 1983, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see section 101(e) of Pub. L. 97-276, 
as amended, set out as a note under section 5318 of this title.
    1981--Salaries of positions at level I increased to $85,200 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 
46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to 
section 101(c) of Pub. L. 97-51 funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1981, which was 
$69,630.00.
    Limitations on use of funds for fiscal year ending Sept. 30, 1982, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see sections 101(g) and 141 of Pub. 
L. 97-92, set out as a note under section 5318 of this title.
    1980--Salaries of positions at level I increased to $81,300 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 
45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to 
section 101(c) of Pub. L. 96-369, funds are not available to pay a 
salary at a rate which exceeds the rate in effect on Sept. 30, 1980, 
which was $69,630.
    Limitations on use of funds for fiscal year ending Sept. 30, 1981, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of the Executive Schedule, see section 101(c) of Pub. L. 96-536, 
as amended, set out as a note under section 5318 of this title.
    1979--Salaries of positions at level I increased to $74,500 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 
44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 
16443. Ex. Ord. No. 12165 further provided that pursuant to section 
101(c) of Pub. L. 96-86 funds appropriated for fiscal year 1980 may not 
be used to pay a salary at a rate which exceeds an increase of 5.5 
percent over the rate in effect on Sept. 30, 1978, which is a maximum 
rate payable of $69,630.
    Applicability to funds appropriated by any Act for fiscal year 
ending Sept. 3, 1980, of limitation of section 304 of Pub. L. 95-391 on 
use of funds to pay the salary or pay of any individual in legislative, 
executive, or judicial branch in position equal to or above level V of 
the Executive Schedule, see section 101 of Pub. L. 96-86, set out as a 
note under section 5318 of this title.
    1978--Salaries of positions at level I increased to $69,600 per 
annum, effective in the first pay period beginning on or after Oct. 1, 
1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. 
Ex. Ord. No. 12087, further provided that pursuant to the Legislative 
Branch Appropriation Act, 1979, funds are not available to pay a salary 
at a rate which exceeds the rate in effect on Sept. 30, 1978, which was 
$66,000.
    Limitations on use of funds for fiscal year ending Sept. 30, 1979, 
appropriated by any Act to pay the salary or pay of any individual in 
legislative, executive, or judicial branch in position equal or above 
level V of the Executive Schedule, see section 304 of Pub. L. 95-391 and 
section 613 of Pub. L. 95-429, set out as a note under section 5318 of 
this title.
    1977--Salaries of positions at level I increased to $66,000 per 
annum, on recommendation of the President of the United States, see note 
set out under section 358 of Title 2, The Congress.
    1976--Salaries of positions at level I increased to $66,000 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 
43889. Ex. Ord. No. 11941, further provided that pursuant to the 
Legislative Branch Appropriation Act, 1977, funds are not available to 
pay a salary at a rate which exceeds the rate in effect on Sept. 30, 
1976, which was $63,000.
    1975--Salaries of positions at level I increased to $63,000 per 
annum, effective on the first day of the first pay period beginning on 
or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 
47091.
    1969--Salaries of positions at level I increased from $35,000 to 
$60,000 per annum, commencing on the first day of the pay period which 
begins after February 14, 1969, on recommendation of the President of 
the United States, see note set out under section 358 of Title 2, The 
Congress.


  Compensation and Emoluments of Secretary of the Treasury at Level in 
                        Effect on January 1, 1989

    For provisions limiting compensation and emoluments of Secretary of 
the Treasury at levels in effect on Jan. 1, 1989, see section 1(a) of 
Pub. L. 103-2, set out as a note under section 301 of Title 31, Money 
and Finance.


 Compensation and Emoluments of Secretary of State; Fixing at Level in 
                        Effect on January 1, 1977

    Pub. L. 96-241, Sec. 1, May 3, 1980, 94 Stat. 343, limited the 
compensation and other emoluments attached to the office of Secretary of 
State to those in effect Jan. 1, 1977, during the period beginning May 
3, 1980, and ending on the date on which the first individual appointed 
to that office after May 3, 1980, ceases to hold that office.


  Compensation and Emoluments of Attorney General; Fixing at Level in 
                        Effect on January 1, 1969

    Provisions of Pub. L. 93-178, Sec. 1, Dec. 10, 1973, 87 Stat. 697, 
which fixed the compensation and other emoluments attached to the Office 
of Attorney General at level in effect on Jan. 1, 1969, notwithstanding 
any other provision of law enacted or becoming effective during period 
from noon, Jan. 3, 1969, through noon, Jan. 2, 1975, were repealed by 
Pub. L. 94-2, Feb. 18, 1975, 89 Stat. 4, effective as of Feb. 4, 1975.

                  Section Referred to in Other Sections

    This section is referred to in sections 5315, 5377, 5380, 8432 of 
this title; title 2 section 362; title 10 sections 973, 1603; title 12 
section 1723a; title 18 section 207; title 22 section 4606; title 26 
sections 162, 3121, 7217; title 28 section 591; title 31 section 1344; 
title 38 section 7432; title 39 section 1003; title 42 sections 410, 
7211, 7291; title 47 section 396; title 49 sections 106, 24315; title 50 
App. section 2074.
