US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 5312

Positions at level I

section 5318 of this titleLevel 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 :

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.

Secretary of Homeland Security.

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.

Director of National Intelligence.

Pub. L. 89–55480 Stat. 460Pub. L. 89–670, § 10(d)(1)80 Stat. 948Pub. L. 91–375, § 6(c)(12)84 Stat. 776Pub. L. 93–618, title I, § 141(b)(3)(A)88 Stat. 1999Pub. L. 94–82, title II, § 202(b)(1)89 Stat. 419Pub. L. 95–91, title VII, § 710(c)91 Stat. 609Pub. L. 96–54, § 2(a)(25)(A)93 Stat. 382Pub. L. 96–88, title V, § 508(c)93 Stat. 692Pub. L. 97–456, § 3(d)(1)96 Stat. 2505Pub. L. 99–198, title XI, § 1113(d)99 Stat. 1480Pub. L. 99–260, § 4(c)100 Stat. 49Pub. L. 100–527, § 13(c)102 Stat. 2643Pub. L. 100–679, § 11(a)102 Stat. 4070Pub. L. 100–690, title I, § 1003(a)(4)(A)102 Stat. 4182Pub. L. 103–296, title I, § 108(e)(1)108 Stat. 1486Pub. L. 105–277, div. C, title VII, § 713(a)(1)112 Stat. 2681–693Pub. L. 106–569, title X, § 1002(a)(1)114 Stat. 3028Pub. L. 107–296, title XVII, § 1702(a)(1)116 Stat. 2313Pub. L. 108–458, title I, § 1015(a)118 Stat. 3664(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , (g), , ; , (5), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

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.

Editorial Notes

References in Text

section 225 of Pub. L. 90–206Chapter 11 of title 2, referred to in text, probably means , which is classified generally to chapter 11 (§ 351 et seq.) of Title 2, The Congress. For complete classification of section 225 to the Code, see Tables.

Codification

Pub. L. 96–88Pub. L. 96–54Paragraph designation for the position added by has been omitted in view of the deletion of all paragraph designations in this section by .

Amendments

Pub. L. 108–4582004— inserted item relating to Director of National Intelligence.

Pub. L. 107–2962002— inserted item relating to Secretary of Homeland Security.

Pub. L. 106–5692000— inserted item relating to Chairman, Board of Governors of the Federal Reserve System.

Pub. L. 105–2771998— inserted item relating to Director of National Drug Control Policy.

Pub. L. 103–2961994— inserted item relating to Commissioner of Social Security, Social Security Administration.

Pub. L. 100–6901988—, §§ 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.

Pub. L. 99–2601986— struck out item relating to Special Assistant for Agricultural Trade and Food Aid.

Pub. L. 99–1981985— inserted item relating to Special Assistant for Agricultural Trade and Food Aid.

Pub. L. 97–456, § 3(d)(5)1983—, substituted “United States Trade Representative” for “Special Representative for Trade Negotiations”.

Pub. L. 96–88, § 508(g)1979—, substituted “Health and Human Services” for “Health, Education, and Welfare” in item relating to the Secretary of Health and Human Services.

Pub. L. 96–54Pars. (1) to (14). struck out paragraph designations for positions listed herein.

Pub. L. 96–88, § 508(c)Par. (15). , added par. (15) relating to Secretary of Education. See Codification note set out above.

Pub. L. 95–911977—Par. (14). added par. (14) relating to Secretary of Energy.

Pub. L. 94–82section 5318 of this title1975— 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 for provisions applying such level I to positions for which annual rate of basic pay is $35,000.

Pub. L. 93–618Par. (13). added par. (13) relating to Special Representative for Trade Negotiations.

Pub. L. 91–3751970—Par. (5). struck out par. (5) relating to Postmaster General.

Pub. L. 89–6701966— added par. (11) relating to Secretary of Housing and Urban Development, and par. (12) relating to Secretary of Transportation.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–458section 3001 of Title 50For Determination by President that amendment by take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under , War and National Defense.

Pub. L. 108–458section 1097(a) of Pub. L. 108–458section 3001 of Title 50Amendment by effective not later than six months after , except as otherwise expressly provided, see , set out as an Effective Date of 2004 Amendment; Transition Provisions note under , War and National Defense.

Effective Date of 2002 Amendment

Pub. L. 107–296section 4 of Pub. L. 107–296section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Effective Date of 2000 Amendment

Pub. L. 106–569, title X, § 1002(b)114 Stat. 3028

“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 [].”
, , , provided that:

Effective and Termination Dates of 1988 Amendments

Pub. L. 100–690Pub. L. 100–690Amendment by effective , and repealed on , see sections 1012 and 1009, respectively, of .

Pub. L. 100–679, § 11(e)102 Stat. 4070

“The amendments made by this section [amending sections 5312 to 5315 of this title] shall be effective on .”
, , , provided that:

Pub. L. 100–527section 18(a) of Pub. L. 100–527section 301 of Title 38Amendment by effective , see , set out as a Department of Veterans Affairs Act note under , Veterans’ Benefits.

Effective Date of 1979 Amendments

Pub. L. 96–88section 601 of Pub. L. 96–88section 3401 of Title 20Amendment by effective , with specified exceptions, see , set out as an Effective Date note under , Education.

Pub. L. 96–54, § 2(a)(25)(B)93 Stat. 382, , , provided that: The amendments made by subparagraph (A) [amending sections 5312 to 5316 of this title] shall take effect ”.

Effective Date of 1970 Amendment

Pub. L. 91–375section 15(a) of Pub. L. 91–375section 101 of Title 39Amendment by effective within 1 year after , on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see , set out as an Effective Date note preceding , Postal Service.

Effective Date of 1966 Amendment

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

Short Title of 1975 Amendment

Pub. L. 94–82, title II, § 20189 Stat. 419

“This title [see Tables for classification] may be cited as the ‘Executive Salary Cost-of-Living Adjustment Act’.”
, , , provided that:

Compensation and Emoluments of Secretary of the Interior; Fixing at Level in Effect on

Pub. L. 111–1, § 1123 Stat. 3

“(a)

In General .—

The compensation and other emoluments attached to the office of Secretary of the Interior shall be those in effect , notwithstanding any increase in such compensation or emoluments after that date under any provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of , and ending at noon of .
“(b)

Civil Action and Appeal.—

“(1)

Jurisdiction .—

Any person aggrieved by an action of the Secretary of the Interior may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of the Interior on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy.
“(2)

Three judge panel .—

section 2284 of title 28Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of the Interior on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with , United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection.
“(3)

Appeal.—

“(A)

Direct appeal to supreme court .—

An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of the Interior under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered.
“(B)

Jurisdiction .—

The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal.
“(c)

Effective Date .—

This joint resolution shall take effect at 12:00 p.m. on .”
, , , provided that:

Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on

Pub. L. 110–455122 Stat. 5036

“(a)

In General .—

The compensation and other emoluments attached to the office of Secretary of State shall be those in effect , notwithstanding any increase in such compensation or emoluments after that date under any provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of , and ending at noon of .
“(b)

Civil Action and Appeal.—

“(1)

Jurisdiction .—

Any person aggrieved by an action of the Secretary of State may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy.
“(2)

Three judge panel .—

section 2284 of title 28Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of State on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with , United States Code. It shall be the duty of the district court to advance on the docket and to expedite the disposition of any matter brought under this subsection.
“(3)

Appeal.—

“(A)

Direct appeal to supreme court .—

An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of State under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered.
“(B)

Jurisdiction .—

The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken under subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal.
“(c)

Effective Date .—

This joint resolution shall take effect at 12:00 p.m. on .”
, , , provided that:

Compensation and Emoluments of Secretary of the Treasury at Level in Effect on

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

Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on

Pub. L. 96–241, § 194 Stat. 343, , , limited the compensation and other emoluments attached to the office of Secretary of State to those in effect , during the period beginning , and ending on the date on which the first individual appointed to that office after , ceases to hold that office.

Compensation and Emoluments of Attorney General; Fixing at Level in Effect on

Pub. L. 93–178, § 187 Stat. 697Pub. L. 94–289 Stat. 4Provisions of , , , which fixed the compensation and other emoluments attached to the Office of Attorney General at level in effect on , notwithstanding any other provision of law enacted or becoming effective during period from noon, , through noon, , were repealed by , , , effective as of .

Salary Increases

section 5332 of this titleFor adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under .

section 358 of Title 2For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under , The Congress.

section 5318 of this titleFor miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under .