
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: 5USC5382]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                    CHAPTER 53--PAY RATES AND SYSTEMS
 
          SUBCHAPTER VIII--PAY FOR THE SENIOR EXECUTIVE SERVICE
 
Sec. 5382. Establishment and adjustment of rates of pay for the 
        Senior Executive Service
        
    (a) There shall be 5 or more rates of basic pay for the Senior 
Executive Service, and each senior executive shall be paid at one of the 
rates. The rates of basic pay shall be initially established and 
thereafter adjusted by the President subject to subsection (b) of this 
section.
    (b) In setting rates of basic pay, the lowest rate for the Senior 
Executive Service shall not be less than the minimum rate of basic pay 
payable under section 5376 and the highest rate shall not exceed the 
rate for level IV of the Executive Schedule. The payment of the rates 
shall not be subject to the pay limitation of section 5306(e) or 5373 of 
this title.
    (c) Subject to subsection (b) of this section, effective at the 
beginning of the first applicable pay period commencing on or after the 
first day of the month in which an adjustment takes effect under section 
5303 of this title in the rates of pay under the General Schedule, each 
rate of basic pay for the Senior Executive Service shall be adjusted by 
an amount determined by the President to be appropriate.
    (d) The rates of basic pay that are established and adjusted under 
this section shall be printed in the Federal Register and shall 
supersede any prior rates of basic pay for the Senior Executive Service.

(Added Pub. L. 95-454, title IV, Sec. 407(a), Oct. 13, 1978, 92 Stat. 
1171; amended Pub. L. 101-509, title V, Sec. 529 [title I, 
Sec. 101(b)(4)(B), (6)(A), (9)(I)], Nov. 5, 1990, 104 Stat. 1427, 1439, 
1440, 1442.)

                       References in Text

    Level IV of the Executive Schedule, referred to in subsec. (b), is 
set out in section 5315 of this title.
    The General Schedule, referred to in subsec. (c), is set out under 
section 5332 of this title.


                               Amendments

    1990--Subsec. (b). Pub. L. 101-509, Sec. 529 [title I, 
Sec. 101(b)(6)(A), (9)(I)], substituted ``under section 5376'' for ``for 
GS-16 of the General Schedule'' and ``5306(e)'' for ``5308''.
    Subsec. (c). Pub. L. 101-509, Sec. 529 [title I, Sec. 101(b)(4)(B)], 
substituted ``5303'' for ``5305'' and struck out at end ``The adjusted 
rates of basic pay for the Senior Executive Service shall be included in 
the report transmitted to the Congress by the President under section 
5305(a)(3) or (c)(1) of this title.''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                              Pay Increases

    2001--The President, under 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, adjusted the rates of basic pay for the Senior Executive Service 
effective on the first day of the first applicable pay period beginning 
on or after Jan. 1, 2001, as follows:

ES-1............................................                $109,100
ES-2............................................                 114,200
ES-3............................................                 119,400
ES-4............................................                 125,500
ES-5............................................                 125,700
ES-6............................................                 125,700

    2000--Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, which 
provided for adjustment of pay rates effective Jan. 1, 2000, was 
superseded 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.
    1999--Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which 
provided for adjustment of pay rates effective Jan. 1, 1999, was 
substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 
72237.
    1998--Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which 
provided for adjustment of pay rates effective Jan. 1, 1998, was 
superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
    1997--Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which 
provided for adjustment of pay rates effective Jan. 1, 1997, was 
superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
    1996--Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided 
for adjustment of pay rates effective Jan. 1, 1996, was superseded by 
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
    1995--Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which 
continued pay rates, was superseded by Ex. Ord. No. 12984, Dec. 28, 
1995, 61 F.R. 237.
    1993--Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which 
provided for adjustment of pay rates effective Jan. 1, 1993, was 
superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
    1992--Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which 
provided for adjustment of pay rates effective Jan. 1, 1992, was 
superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
    1991--Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which 
provided for adjustment of pay rates effective Jan. 1, 1991, was 
superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
    1990--Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which 
provided for adjustment of pay rates effective Jan. 1, 1990, was 
superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
    1989--Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided 
for adjustment of pay rates effective Jan. 1, 1989, was superseded by 
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
    1988--Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided 
for adjustment of pay rates effective Jan. 1, 1988, was superseded by 
Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
    1987--Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided 
for adjustment of pay rates effective Jan. 1, 1987, was superseded by 
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
    1985--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, which provided for 
adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. 
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
    1984--Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by 
Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, 
Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay 
rates effective Jan. 1, 1984, was superseded 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.
    1982--Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which 
provided for adjustment of pay rates effective Oct. 1, 1982, was 
superseded 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.
    Maximum rate payable after Dec. 17, 1982, increased from $58,500 to 
$67,200, see Pub. L. 97-377, title I, Sec. 129(b)-(d), 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 salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of 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--Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which 
provided for adjustment of pay rates effective Oct. 1, 1981, was 
superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981.
    Limitations on use of funds for fiscal year ending Sept. 30, 1982, 
appropriated by any Act to pay salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of 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--Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which 
provided for adjustment of pay rates effective Oct. 1, 1980, was 
superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921.
    Limitations on use of funds for fiscal year ending Sept. 30, 1981, 
appropriated by any Act to pay salary or pay of any individual in 
legislative, executive, or judicial branch in position equal to or above 
level V of 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--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, which provided for 
adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. 
Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199.
    Applicability to funds appropriated by any Act for fiscal year 
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on 
use of funds to pay salary or pay of any individual in legislative, 
executive, or judicial branch in position equal to or above level V of 
Executive Schedule, see section 101 of Pub. L. 96-86, set out as a note 
under section 5318 of this title.

                        Executive Order No. 12592

    Ex. Ord. No. 12592, Apr. 10, 1987, 52 F.R. 13417, as amended by Ex. 
Ord. No. 12609, Sept. 23, 1987, 52 F.R. 36211, which related to the 
establishment, functions, administration, and termination of the 
President's Commission on Compensation of Career Federal Executives, was 
revoked by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly 
set out as a note under section 14 of the Federal Advisory Committee Act 
in the Appendix to this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 3161, 3393a, 4507, 
5383, 5384 of this title; title 3 section 115; title 7 section 2009aa-1; 
title 10 section 1602; title 15 section 1511e; title 20 section 1018; 
title 22 sections 3962, 4154; title 26 section 7803; title 28 sections 
594, 995; title 29 sections 715, 772, 782, 783, 792, 794b; title 31 
sections 325, 733; title 35 section 3; title 40 App. section 106; title 
42 sections 902, 903, 1317, 14196.
