5 U.S.C. § 5312 (United States Code, 2021 edition, GovInfo)
Summary
Section 5312 of Title 5 of the United States Code, Government Organization and Employees, in the 2021 edition published on GovInfo. Under the heading Positions at level I, the section applies level I of the Executive Schedule, with pay determined under chapter 11 of title 2 as adjusted by section 5318, to positions including the Secretary of State, Secretary of the Treasury, Attorney General, Secretary of Homeland Security and Director of National Intelligence. The amendment notes record, among others, the 2002 insertion of the Secretary of Homeland Security by Pub. L. 107–296 and the 2004 insertion of the Director of National Intelligence by Pub. L. 108–458. Statutory notes include Pub. L. 111–1, which fixes the compensation of the Secretary of the Interior at the level in effect January 1, 2005.
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“5 U.S.C. § 5312 (United States Code, 2021 edition, GovInfo).”
Original at www.govinfo.gov. Archived at Pandemic Darlings on 2026-10-02, https://pandemicdarlings.com/source-documents/5-u-s-c-5312-united-states-code-2021-edition-govinfo-8b6ad79044/
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§ 5312 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 438
that date of enactment, and shall publish the deter- Secretary of Commerce.
mination in the Federal Register. Effective beginning Secretary of Labor.
on the date of the publication, the number of executive Secretary of Health and Human Services.
level positions within the executive branch may not ex- Secretary of Housing and Urban Develop-
ceed the number published under this subsection.
‘‘(2) For the purpose of this subsection, ‘executive
ment.
level position’ means— Secretary of Transportation.
‘‘(A) any office or position in the civil service the United States Trade Representative.
rate of pay for which is equal to or greater than the Secretary of Energy.
rate of basic pay payable for positions under section Secretary of Education.
5316 of this title, or Secretary of Veterans Affairs.
‘‘(B) any such office or position the rate of pay for Secretary of Homeland Security.
which may be fixed by administrative action at a rate Director of the Office of Management and
equal to or greater than the rate of basic pay payable Budget.
for positions under section 5316 of this title;
Commissioner of Social Security, Social Se-
but does not include any Senior Executive Service posi-
tion (as defined in section 3132(a) of this title) or any curity Administration.
position in the Federal Bureau of Investigation and Director of National Drug Control Policy.
Drug Enforcement Administration Senior Executive Chairman, Board of Governors of the Federal
Service.’’ Reserve System.
1988—Subsec. (a). Pub. L. 100–325, § 2(h)(1), inserted Director of National Intelligence.
reference to positions in Federal Bureau of Investiga-
tion and Drug Enforcement Administration Senior Ex- (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 460; Pub. L.
ecutive Service. 89–670, § 10(d)(1), Oct. 15, 1966, 80 Stat. 948; Pub. L.
Subsec. (b)(2). Pub. L. 100–325, § 2(h)(2), substituted 91–375, § 6(c)(12), Aug. 12, 1970, 84 Stat. 776; Pub.
‘‘(as defined in section 3132(a) of this title) or any posi- L. 93–618, title I, § 141(b)(3)(A), Jan. 3, 1975, 88
tion in the Federal Bureau of Investigation and Drug Stat. 1999; Pub. L. 94–82, title II, § 202(b)(1), Aug.
Enforcement Administration Senior Executive Serv- 9, 1975, 89 Stat. 419; Pub. L. 95–91, title VII,
ice’’ for ‘‘, as defined in section 3132(a) of this title’’ in § 710(c), Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–54,
concluding provision.
1979—Subsec. (b)(1). Pub. L. 96–54 inserted ‘‘of the Of-
§ 2(a)(25)(A), Aug. 14, 1979, 93 Stat. 382; Pub. L.
fice of Personnel Management’’ after ‘‘Director’’. 96–88, title V, § 508(c), (g), Oct. 17, 1979, 93 Stat.
1978—Pub. L. 95–454, § 408(b)(1), inserted reference to 692; Pub. L. 97–456, § 3(d)(1), (5), Jan. 12, 1983, 96
Senior Executive Service positions. Stat. 2505; Pub. L. 99–198, title XI, § 1113(d), Dec.
Pub. L. 95–454, § 414(b)(1), designated existing provi- 23, 1985, 99 Stat. 1480; Pub. L. 99–260, § 4(c), Mar.
sions as subsec. (a) and added subsec. (b). 20, 1986, 100 Stat. 49; Pub. L. 100–527, § 13(c), Oct.
25, 1988, 102 Stat. 2643; Pub. L. 100–679, § 11(a),
Statutory Notes and Related Subsidiaries Nov. 17, 1988, 102 Stat. 4070; Pub. L. 100–690, title
EFFECTIVE DATE OF 1990 AMENDMENT I, § 1003(a)(4)(A), Nov. 18, 1988, 102 Stat. 4182; Pub.
L. 103–296, title I, § 108(e)(1), Aug. 15, 1994, 108
Amendment by Pub. L. 101–509 effective on such date
as the President shall determine, but not earlier than Stat. 1486; Pub. L. 105–277, div. C, title VII,
90 days, and not later than 180 days, after Nov. 5, 1990, § 713(a)(1), Oct. 21, 1998, 112 Stat. 2681–693; Pub. L.
see section 529 [title III, § 305] of Pub. L. 101–509, set out 106–569, title X, § 1002(a)(1), Dec. 27, 2000, 114 Stat.
as a note under section 5301 of this title. 3028; Pub. L. 107–296, title XVII, § 1702(a)(1), Nov.
25, 2002, 116 Stat. 2313; Pub. L. 108–458, title I,
EFFECTIVE DATE OF 1979 AMENDMENT
§ 1015(a), Dec. 17, 2004, 118 Stat. 3664.)
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under HISTORICAL AND REVISION NOTES
section 305 of this title.
Revised Statutes and
Derivation U.S. Code
EFFECTIVE DATE OF 1978 AMENDMENT Statutes at Large
Amendment by Pub. L. 95–454 effective 9 months after .................. 5 U.S.C. 2211(a). Aug. 14, 1964, Pub. L. 88–426,
Oct. 13, 1978, and congressional review of provisions of § 303(a), 78 Stat. 416.
sections 401 through 412 of Pub. L. 95–454, see section
415 of Pub. L. 95–454, set out as an Effective Date note Standard changes are made to conform with the defi-
under section 3131 of this title. nitions applicable and the style of this title as outlined
in the preface to the report.
PLAN FOR AUTHORIZING EXECUTIVE LEVEL POSITIONS IN
EXECUTIVE BRANCH; PRESIDENTIAL SUBMISSION TO Editorial Notes
CONGRESS
CODIFICATION
Section 414(b)(2) of Pub. L. 95–454 required President
to transmit by Jan. 1, 1980, a plan to Congress for au- Paragraph designation for the position added by Pub.
thorizing executive level positions in executive branch. L. 96–88 has been omitted in view of the deletion of all
paragraph designations in this section by Pub. L. 96–54.
§ 5312. Positions at level I
AMENDMENTS
Level I of the Executive Schedule applies to 2004—Pub. L. 108–458 inserted item relating to Direc-
the following positions for which the annual tor of National Intelligence.
rate of basic pay shall be the rate determined 2002—Pub. L. 107–296 inserted item relating to Sec-
with respect to such level under chapter 11 of retary of Homeland Security.
title 2, as adjusted by section 5318 of this title: 2000—Pub. L. 106–569 inserted item relating to Chair-
Secretary of State. man, Board of Governors of the Federal Reserve Sys-
tem.
Secretary of the Treasury. 1998—Pub. L. 105–277 inserted item relating to Direc-
Secretary of Defense. tor of National Drug Control Policy.
Attorney General. 1994—Pub. L. 103–296 inserted item relating to Com-
Secretary of the Interior. missioner of Social Security, Social Security Adminis-
Secretary of Agriculture. tration.
Page 439 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5312
1988—Pub. L. 100–690, §§ 1003(a)(4)(A), 1009, temporarily [amending sections 5312 to 5315 of this title] shall be ef-
inserted item relating to Director of National Drug fective on January 20, 1989.’’
Control Policy. See Effective and Termination Dates of Amendment by Pub. L. 100–527 effective Mar. 15, 1989,
1988 Amendments note below. see section 18(a) of Pub. L. 100–527, set out as a Depart-
Pub. L. 100–679 inserted item relating to Director of ment of Veterans Affairs Act note under section 301 of
Office of Management and Budget. Title 38, Veterans’ Benefits.
Pub. L. 100–527 inserted item relating to Secretary of
EFFECTIVE DATE OF 1979 AMENDMENTS
Veterans Affairs.
1986—Pub. L. 99–260 struck out item relating to Spe- Amendment by Pub. L. 96–88 effective May 4, 1980,
cial Assistant for Agricultural Trade and Food Aid. with specified exceptions, see section 601 of Pub. L.
1985—Pub. L. 99–198 inserted item relating to Special 96–88, set out as an Effective Date note under section
Assistant for Agricultural Trade and Food Aid. 3401 of Title 20, Education.
1983—Pub. L. 97–456, § 3(d)(5), substituted ‘‘United Pub. L. 96–54, § 2(a)(25)(B), Aug. 14, 1979, 93 Stat. 382,
States Trade Representative’’ for ‘‘Special Representa- provided that: The amendments made by subparagraph
tive for Trade Negotiations’’. (A) [amending sections 5312 to 5316 of this title] shall
1979—Pub. L. 96–88, § 508(g), substituted ‘‘Health and take effect January 1, 1980’’.
Human Services’’ for ‘‘Health, Education, and Welfare’’ EFFECTIVE DATE OF 1970 AMENDMENT
in item relating to the Secretary of Health and Human
Services. Amendment by Pub. L. 91–375 effective within 1 year
Pars. (1) to (14). Pub. L. 96–54 struck out paragraph after Aug. 12, 1970, on date established therefor by
designations for positions listed herein. Board of Governors of United States Postal Service and
Par. (15). Pub. L. 96–88, § 508(c), added par. (15) relat- published by it in Federal Register, see section 15(a) of
ing to Secretary of Education. See Codification note Pub. L. 91–375, set out as an Effective Date note pre-
set out above. ceding section 101 of Title 39, Postal Service.
1977—Par. (14). Pub. L. 95–91 added par. (14) relating to EFFECTIVE DATE OF 1966 AMENDMENT
Secretary of Energy.
1975—Pub. L. 94–82 substituted provisions applying Amendment by Pub. L. 89–670 effective 90 days after
level I of Executive Schedule to positions for which an- Secretary of Transportation first takes office, or on
nual rate of basic pay shall be rate determined with re- any earlier date after Oct. 15, 1966, as President pre-
spect to such level under chapter 11 of title 2, as ad- scribes and publishes in Federal Register, see section
justed by section 5318 of this title for provisions apply- 16(a), formerly § 15(a), of Pub. L. 89–670.
ing such level I to positions for which annual rate of SHORT TITLE OF 1975 AMENDMENT
basic pay is $35,000.
Par. (13). Pub. L. 93–618 added par. (13) relating to Pub. L. 94–82, title II, § 201, Aug. 9, 1975, 89 Stat. 419,
Special Representative for Trade Negotiations. provided that: ‘‘This title [see Tables for classification]
1970—Par. (5). Pub. L. 91–375 struck out par. (5) relat- may be cited as the ‘Executive Salary Cost-of-Living
ing to Postmaster General. Adjustment Act’.’’
1966—Pub. L. 89–670 added par. (11) relating to Sec- COMPENSATION AND EMOLUMENTS OF SECRETARY OF
retary of Housing and Urban Development, and par. (12) THE INTERIOR; FIXING AT LEVEL IN EFFECT ON JANU-
relating to Secretary of Transportation. ARY 1, 2005
Statutory Notes and Related Subsidiaries Pub. L. 111–1, § 1, Jan. 16, 2009, 123 Stat. 3, provided
that:
EFFECTIVE DATE OF 2004 AMENDMENT ‘‘(a) IN GENERAL.—The compensation and other
emoluments attached to the office of Secretary of the
For Determination by President that amendment by
Interior shall be those in effect January 1, 2005, not-
Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo-
withstanding any increase in such compensation or
randum of President of the United States, Apr. 21, 2005,
emoluments after that date under any provision of law,
70 F.R. 23925, set out as a note under section 3001 of
or provision which has the force and effect of law, that
Title 50, War and National Defense.
is enacted or becomes effective during the period begin-
Amendment by Pub. L. 108–458 effective not later
ning at noon of January 3, 2005, and ending at noon of
than six months after Dec. 17, 2004, except as otherwise
January 3, 2011.
expressly provided, see section 1097(a) of Pub. L.
‘‘(b) CIVIL ACTION AND APPEAL.—
108–458, set out as an Effective Date of 2004 Amend- ‘‘(1) JURISDICTION.—Any person aggrieved by an ac-
ment; Transition Provisions note under section 3001 of tion of the Secretary of the Interior may bring a civil
Title 50, War and National Defense. action in the United States District Court for the
EFFECTIVE DATE OF 2002 AMENDMENT District of Columbia to contest the constitutionality
of the appointment and continuance in office of the
Amendment by Pub. L. 107–296 effective 60 days after Secretary of the Interior on the ground that such ap-
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as pointment and continuance in office is in violation of
an Effective Date note under section 101 of Title 6, Do- article I, section 6, clause 2, of the Constitution. The
mestic Security. United States District Court for the District of Co-
EFFECTIVE DATE OF 2000 AMENDMENT lumbia shall have exclusive jurisdiction over such a
civil action, without regard to the sum or value of
Pub. L. 106–569, title X, § 1002(b), Dec. 27, 2000, 114 the matter in controversy.
Stat. 3028, provided that: ‘‘This section [amending this ‘‘(2) THREE JUDGE PANEL.—Any claim challenging
section and sections 5313 and 5314 of this title] and the the constitutionality of the appointment and con-
amendments made by this section shall take effect on tinuance in office of the Secretary of the Interior on
the first day of the first pay period for the Chairman the ground that such appointment and continuance
and Members of the Board of Governors of the Federal in office is in violation of article I, section 6, clause
Reserve System beginning on or after the date of the 2, of the Constitution, in an action brought under
enactment of this Act [Dec. 27, 2000].’’ paragraph (1) shall be heard and determined by a
EFFECTIVE AND TERMINATION DATES OF 1988 panel of three judges in accordance with section 2284
AMENDMENTS of title 28, United States Code. It shall be the duty of
the district court to advance on the docket and to ex-
Amendment by Pub. L. 100–690 effective Jan. 21, 1989, pedite the disposition of any matter brought under
and repealed on Sept. 30, 1997, see sections 1012 and 1009, this subsection.
respectively, of Pub. L. 100–690. ‘‘(3) APPEAL.—
Pub. L. 100–679, § 11(e), Nov. 17, 1988, 102 Stat. 4070, ‘‘(A) DIRECT APPEAL TO SUPREME COURT.—An ap-
provided that: ‘‘The amendments made by this section peal may be taken directly to the Supreme Court of
§ 5313 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 440
the United States from any interlocutory or final on Jan. 1, 1989, see section 1(a) of Pub. L. 103–2, set out
judgment, decree, or order upon the validity of the as a note under section 301 of Title 31, Money and Fi-
appointment and continuance in office of the Sec- nance.
retary of the Interior under article I, section 6,
clause 2, of the Constitution, entered in any action COMPENSATION AND EMOLUMENTS OF SECRETARY OF
brought under this subsection. Any such appeal STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1,
shall be taken by a notice of appeal filed within 20 1977
days after such judgment, decree, or order is en- Pub. L. 96–241, § 1, May 3, 1980, 94 Stat. 343, limited the
tered. compensation and other emoluments attached to the
‘‘(B) JURISDICTION.—The Supreme Court shall, if office of Secretary of State to those in effect Jan. 1,
it has not previously ruled on the question pre- 1977, during the period beginning May 3, 1980, and end-
sented by an appeal taken under subparagraph (A), ing on the date on which the first individual appointed
accept jurisdiction over the appeal, advance the ap- to that office after May 3, 1980, ceases to hold that of-
peal on the docket, and expedite the appeal. fice.
‘‘(c) EFFECTIVE DATE.—This joint resolution shall
take effect at 12:00 p.m. on January 20, 2009.’’ COMPENSATION AND EMOLUMENTS OF ATTORNEY GEN-
ERAL; FIXING AT LEVEL IN EFFECT ON JANUARY 1,
COMPENSATION AND EMOLUMENTS OF SECRETARY OF
1969
STATE; FIXING AT LEVEL IN EFFECT ON JANUARY 1,
2007 Provisions of Pub. L. 93–178, § 1, Dec. 10, 1973, 87 Stat.
Pub. L. 110–455, Dec. 19, 2008, 122 Stat. 5036, provided 697, which fixed the compensation and other emolu-
that: ments attached to the Office of Attorney General at
‘‘(a) IN GENERAL.—The compensation and other level in effect on Jan. 1, 1969, notwithstanding any
emoluments attached to the office of Secretary of other provision of law enacted or becoming effective
State shall be those in effect January 1, 2007, notwith- during period from noon, Jan. 3, 1969, through noon,
standing any increase in such compensation or emolu- Jan. 2, 1975, were repealed by Pub. L. 94–2, Feb. 18, 1975,
ments after that date under any provision of law, or 89 Stat. 4, effective as of Feb. 4, 1975.
provision which has the force and effect of law, that is SALARY INCREASES
enacted or becomes effective during the period begin-
ning at noon of January 3, 2007, and ending at noon of For adjustment of salaries under this section, see the
January 3, 2013. executive order detailing the adjustment of certain
‘‘(b) CIVIL ACTION AND APPEAL.— rates of pay set out as a note under section 5332 of this
‘‘(1) JURISDICTION.—Any person aggrieved by an ac- title.
tion of the Secretary of State may bring a civil ac- For prior year salary increases per the recommenda-
tion in the United States District Court for the Dis- tion of the President, see Prior Salary Recommenda-
trict of Columbia to contest the constitutionality of tions notes under section 358 of Title 2, The Congress.
the appointment and continuance in office of the Sec- For miscellaneous provisions dealing with adjust-
retary of State on the ground that such appointment ments of pay and limitations on use of funds to pay sal-
and continuance in office is in violation of article I, aries in prior years, see notes under section 5318 of this
section 6, clause 2, of the Constitution. The United title.
States District Court for the District of Columbia
shall have exclusive jurisdiction over such a civil ac- § 5313. Positions at level II
tion, without regard to the sum or value of the mat-
ter in controversy. Level II of the Executive Schedule applies to
‘‘(2) THREE JUDGE PANEL.—Any claim challenging the following positions, for which the annual
the constitutionality of the appointment and con- rate of basic pay shall be the rate determined
tinuance in office of the Secretary of State on the with respect to such level under chapter 11 of
ground that such appointment and continuance in of- title 2, as adjusted by section 5318 of this title:
fice is in violation of article I, section 6, clause 2, of Deputy Secretary of Defense.
the Constitution, in an action brought under para-
graph (1) shall be heard and determined by a panel of
Deputy Secretary of State.
three judges in accordance with section 2284 of title Deputy Secretary of State for Management
28, United States Code. It shall be the duty of the dis- and Resources.
trict court to advance on the docket and to expedite Administrator, Agency for International De-
the disposition of any matter brought under this sub- velopment.
section. Administrator of the National Aeronautics
‘‘(3) APPEAL.— and Space Administration.
‘‘(A) DIRECT APPEAL TO SUPREME COURT.—An ap-
peal may be taken directly to the Supreme Court of
Deputy Secretary of Veterans Affairs.
the United States from any interlocutory or final Deputy Secretary of Homeland Security.
judgment, decree, or order upon the validity of the Under Secretary of Homeland Security for
appointment and continuance in office of the Sec- Management.
retary of State under article I, section 6, clause 2, Administrator of the Transportation Secu-
of the Constitution, entered in any action brought rity Administration.
under this subsection. Any such appeal shall be Director, Cybersecurity and Infrastructure
taken by a notice of appeal filed within 20 days Security Agency.
after such judgment, decree, or order is entered.
‘‘(B) JURISDICTION.—The Supreme Court shall, if Deputy Secretary of the Treasury.
it has not previously ruled on the question pre- Deputy Secretary of Transportation.
sented by an appeal taken under subparagraph (A), Chairman, Nuclear Regulatory Commission.
accept jurisdiction over the appeal, advance the ap- Chairman, Council of Economic Advisers.
peal on the docket, and expedite the appeal. Director of the Office of Science and Tech-
‘‘(c) EFFECTIVE DATE.—This joint resolution shall nology.
take effect at 12:00 p.m. on January 20, 2009.’’ Director of the Central Intelligence Agency.
COMPENSATION AND EMOLUMENTS OF SECRETARY OF Secretary of the Air Force.
THE TREASURY AT LEVEL IN EFFECT ON JANUARY 1, Secretary of the Army.
1989 Secretary of the Navy.
For provisions limiting compensation and emolu- Administrator, Federal Aviation Adminis-
ments of Secretary of the Treasury at levels in effect tration.
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