---
kind: "section"
citation: "5 U.S.C. § 5374"
title: "5"
title_heading: "Government Organization and Employees"
number: "5374"
heading: "Miscellaneous positions in the executive branch"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5374"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter VII — Miscellaneous Provisions"
---

# §5374. Miscellaneous positions in the executive branch


The head of the [agency](/usc/5/5351.md?p=1) concerned shall fix the annual [rate of basic pay](/usc/5/5361.md?p=4) for each [position](/usc/5/5102.md?p=a-3) in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the [Government](/usc/5/4101.md?p=3) [Employees](/usc/5/5361.md?p=1) Salary Reform Act of 1964 (78 Stat. 422), or other [position](/usc/5/5102.md?p=a-3) in the executive branch for which the annual [pay](/usc/5/7511.md?p=a-4) is fixed at a rate of $18,500 or more under special provision of statute enacted before August 14, 1964, which is not placed in a level of the Executive Schedule set forth in subchapter II of this chapter, at a rate equal to the [pay](/usc/5/7511.md?p=a-4) rate of a [grade](/usc/5/5102.md?p=a-5) and step of the General Schedule set forth in [section 5332 of this title](/usc/5/5332.md). The head of the [agency](/usc/5/5351.md?p=1) concerned shall report each action taken under this section to the [Office](/usc/5/5402.md?p=3) of Personnel Management and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security.


## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, § 5364; renumbered § 5374 and amended Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1221, 1224.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 2213. | Aug. 14, 1964, Pub. L. 88–426, § 309, 78 Stat. 433. |

The word “office” is omitted as included in “position”. The words “before August 14, 1964” are substituted for “prior to the date of enactment of this Act”. The words “pursuant to section 303 of this Act” are omitted as surplusage.

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

### Editorial Notes

### References in Text

Section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of Pub. L. 88–426, Aug. 14, 1964. For complete classification of this section to the Code, see Tables.

### Amendments

1978—Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.