§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.

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

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 2211(a).	Aug. 14, 1964, Pub. L. 88–426, §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

1994-Pub. L. 103–296 inserted item relating to Commissioner of Social Security, Social Security Administration.

1988-Pub. L. 100–690, §§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, §3(d)(5), substituted "United States Trade Representative" for "Special Representative for Trade Negotiations".

1979-Pub. L. 96–88, §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, §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 and Termination Dates of 1988 Amendments

Amendment by Pub. L. 100–690 effective Jan. 21, 1989, and repealed on date 5 years after Nov. 18, 1988, see section 1506 of Title 21, Food and Drugs, and section 1012 of Pub. L. 100–690, set out as an Effective Date note under section 1501 of Title 21.

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 §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

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, set out as a note under section 5332 of this title.

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, §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, §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, §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 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; 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 section 24315; title 50 App. section 2074.