Executive Schedule

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Executive Schedule (5 U.S.C. §§ 5311–5318) refers to the system of salaries given to the highest-ranked appointed positions in the executive branch of the U.S. government. The President of the United States, an elected official, appoints incumbents to these positions, most of them with the advice and consent of the Senate. They include members of the President's Cabinet as well as other subcabinet policy makers. There are five pay rates within the Executive Schedule, usually denoted with a Roman numeral with I being the highest level and V the lowest.

Congress lists the positions eligible for the Executive Schedule and the corresponding level. Congress also gives the president the ability to grant Executive Schedule IV and V status to no more than 34 employees not listed in the law.[1]

The Executive Schedule is linked to the rates of pay for the General Schedule, Senior Executive Service, Senior Level, Senior Foreign Service, and other Federal civilian pay systems, as well as the pay of uniformed military personnel, because various federal laws establishing those pay systems normally tie the maximum amount payable to various levels of the Executive Schedule. Excluding the maximum of 34 employees not listed in the law, there are 683 positions paid under the Executive Schedule. Together, these positions cost the United States $108.1 million.

Calculation of pay rate

According to 5 U.S.C. § 5318, at the beginning of the first pay period for any position under the Executive Schedule, the amount of pay will be adjusted and rounded to the nearest multiple of US$100. If this amount is found to midway between multiples of $100, then it will be rounded to the next highest multiple of $100.

Presidential authority to place positions at levels IV and V

Per 5 U.S.C. § 5317, the President can at any time appoint no more than 34 individuals to pay rates Level IV and V, provided that they are viewed as a necessary change to organization, management responsibility, or workload within a specific agency. This figure is in addition to Level IV and V positions specifically authorized in the bill. However, Senate consent is required and the pay rate takes effect only upon a new appointment to that position. All actions taken during this process are to be published in the Federal Register, except when it is deemed that such publication would stand in conflict to national security. The President may not take action under this section with respect to a position, the pay for which is fixed at a specific rate by this subchapter, or by statute enacted after 14 August 1964.

The following positions are granted Level IV pay status of the Executive Schedule:

The following positions are granted Level V pay status:

Level I

5 U.S.C. § 5312 lists the positions that receive the amount of pay determined by Chapter 11 of Title 2. Since January 2010, the annual rate of pay for Level I is $199,700. There exist 21 positions, which are as follows:

Level II

5 U.S.C. § 5313 lists 46 positions given the rank of executive schedule II. Deputy secretaries of cabinet-level agencies usually have this rank. Since January 2010, the annual rate of pay for Level II is $178,700. The positions are:

Department of Agriculture

Department of Defense

Department of Education

Department of Energy

  • Deputy Secretary of Energy

Executive Office of the President

Department of Health and Human Services

Department of Homeland Security

Department of Housing and Urban Development

Intelligence Community

Department of the Interior

Department of Justice

Department of Labor

National Aeronautics and Space Administration

  • Administrator of the National Aeronautics and Space Administration

Department of State

Department of Transportation

Department of the Treasury

USAID

Department of Veterans Affairs

Other Independent Agencies

Boards and Commissions

Level III

5 U.S.C. § 5314 lists 127 positions granted the rank of level III. Since January 2010, the annual rate of pay for Level III is $165,300. The positions are:

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy

  • Under Secretaries of Energy (2)

Executive Office of the President

Department of Health and Human Services

Department of Homeland Security

  • Under Secretaries of Homeland Security (4)
  • Director, Bureau of Citizenship and Immigration Services
  • Commissioner, Customs and Border Protection
  • Deputy Administrators, Federal Emergency Management Agency (2)

Intelligence Community

  • Deputy Directors of Central Intelligence (2)

Department of Justice

National Aeronautics and Space Administration

  • Deputy Administrator, National Aeronautics and Space Administration

Department of State

  • Under Secretaries of State (6)

Department of Transportation

Department of the Treasury

USAID

  • Deputy Administrator, Agency for International Development

Department of Veterans Affairs

Other Independent Agencies

Boards and Commissions

Obsolete positions

Level IV

5 U.S.C. § 5315 lists 346 non-obsolete positions with the rank of executive schedule level IV. Since January 2010, the annual rate of pay for Level IV is $155,500. The positions are:

Department of Agriculture

Department of Commerce

  • Assistant Secretaries of Commerce (11)
  • General Counsel of the Department of Commerce
  • Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration
  • Director, National Institute of Standards and Technology, Department of Commerce
  • Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service
  • Inspector General, Department of Commerce
  • Director, Bureau of the Census, Department of Commerce
  • Chief Financial Officer, Department of Commerce
  • Chief Information Officer, Department of Commerce
  • Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office

Department of Defense

  • Assistant Secretaries of Defense (9)
  • Assistant Secretaries of the Air Force (4)
  • Assistant Secretaries of the Army (5)
  • Assistant Secretaries of the Navy (4)
  • Director of Civil Defense, Department of the Army
  • General Counsel of the Department of Defense
  • Inspector General, Department of Defense
  • Director, Operational Test and Evaluation, Department of Defense
  • Director of Defense Research and Engineering
  • Deputy Under Secretary of Defense for Policy
  • Deputy Under Secretary of Defense for Personnel and Readiness
  • General Counsel of the Department of the Army
  • General Counsel of the Department of the Navy
  • General Counsel of the Department of the Air Force
  • Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under section 5312, 5313, or 5314 of this title)

Department of Education

Department of Energy

Executive Office of the President

  • Deputy Director of the Office of Science and Technology
  • Assistant Directors of the Office of Management and Budget (3)
  • Members, Council of Economic Advisers

Department of Health and Human Services

  • Assistant Secretaries of Health and Human Services (6)
  • General Counsel of the Department of Health and Human Services
  • Inspector General, Department of Health and Human Services
  • Commissioner of Food and Drugs, Department of Health and Human Services
  • Chief Financial Officer, Department of Health and Human Services
  • Chief Information Officer, Department of Health and Human Services

Department of Homeland Security

  • Federal Insurance Administrator, Federal Emergency Management Agency
  • Assistant Secretaries, Department of Homeland Security
  • General Counsel, Department of Homeland Security
  • Officer for Civil Rights and Civil Liberties, Department of Homeland Security
  • Chief Financial Officer, Department of Homeland Security
  • Chief Information Officer, Department of Homeland Security
  • Inspector General, Department of Homeland Security
  • Inspector General, Federal Emergency Management Agency
  • Chief Information Officer, Federal Emergency Management Agency

Department of Housing and Urban Development

  • Assistant Secretaries of Housing and Urban Development (8)
  • General Counsel of the Department of Housing and Urban Development
  • President, Government National Mortgage Association, Department of Housing and Urban Development
  • Inspector General, Department of Housing and Urban Development
  • Chief Financial Officer, Department of Housing and Urban Development
  • Chief Information Officer, Department of Housing and Urban Development

Intelligence Community

  • General Counsel of the Central Intelligence Agency
  • General Counsel of the Office of the National Intelligence Director

Department of the Interior

  • Assistant Secretaries of the Interior (6)
  • Solicitor of the Department of the Interior
  • Inspector General, Department of the Interior
  • Chief Financial Officer, Department of the Interior
  • Chief Information Officer, Department of the Interior

Department of Justice

Department of Labor

  • Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training
  • Solicitor of the Department of Labor
  • Assistant Secretary of Labor for Mine Safety and Health
  • Inspector General, Department of Labor
  • Chief Financial Officer, Department of Labor
  • The Commissioner of Labor Statistics, Department of Labor
  • Chief Information Officer, Department of Labor

National Aeronautics and Space Administration

  • Associate Administrator of the National Aeronautics and Space Administration
  • Inspector General, National Aeronautics and Space Administration
  • Chief Financial Officer, National Aeronautics and Space Administration
  • Chief Information Officer, National Aeronautics and Space Administration

Department of State

  • Assistant Secretaries of State (24) and four other United States Department of State officials to be appointed by the President, by and with the advice and consent of the United States Senate
  • Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State
  • Inspector General, Department of State
  • Ambassadors at Large
  • Chief Financial Officer, Department of State
  • Chief Information Officer, Department of State

Department of Transportation

Department of the Treasury

United States Agency for International Development

  • Assistant Administrators, Agency for International Development
  • Regional Assistant Administrators, Agency for International Development (4)
  • Inspector General, Agency for International Development
  • Chief Information Officer, Agency for International Development

Department of Veterans Affairs

Other Independent Agencies

Boards and Commissions

Obsolete positions

  • Deputy Director of the Office of Emergency Planning
  • Commissioner of Interama

Level V

5 U.S.C. § 5316 lists the 143 positions that receive the amount of pay determined by Chapter 11 of Title 2. Since January 2010, the annual rate of pay for Level V is $145,700. The positions are as follows:

References

  1. ↑ (5 U.S.C. § 5317)
  2. ↑ The position of Administrator of the DEA was placed in Level III of the Executive Schedule under the provisions of Reorganization Plan No. 2 of 1973, dated 28 March 1973.
  3. ↑ 3.0 3.1 3.2 http://www.exim.gov/about/leadership/board.cfm
  4. ↑ The BNDD was abolished and its functions transferred to the Drug Enforcement Administration (DEA), effective 1 July 1973, under the provisions of Reorganization Plan No. 2 of 1973, dated 28 March 1973.
  5. ↑ The position of Deputy Administrator of the DEA was placed in Level V of the Executive Schedule under the provisions of Reorganization Plan No. 2 of 1973, dated 28 March 1973.

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