Executive Schedule

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Executive Schedule (5 U.S.C. §§ 53115318) is the system of salaries given to the incumbents of the highest-ranked appointed positions in the executive branch of the U.S. government. The President of the United States appoints incumbents to these positions, most with the advice and consent of the United States 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. Federal law lists the positions eligible for the Executive Schedule and the corresponding level. The law also gives the president the ability to grant Executive Schedule IV and V status to no more than 34 employees not listed.[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. Because of these pay caps and freezes to the Executive Schedule, federal workers at the top of their pay bands are often unable to receive pay increases, resulting in salary compression.[2][3]

Contents

Calculation of pay rate[edit]

(Effective on the first day of the first applicable pay period beginning on or after January 1, 2018)[4]
Level I $210,700
Level II $189,600
Level III $174,500
Level IV $164,200
Level V $153,800

However, many political appointees have had their pay rate frozen at lower levels.[5] 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 be midway between multiples of $100, then it will be rounded to the next highest multiple of $100.

Section 738 of division E of the Consolidated Appropriations Act, 2018 (Public Law 115-141, March 23, 2018), continued the freeze on the payable pay rates for certain senior political officials at 2013 levels through January 5, 2019. The failure to enact new appropriations legislation may allow the freeze to expire. However, the officially established and posted pay rates (or pay ranges) for 2018 are in effect and used for determining pay for other employees. For more information, please see Compensation Policy Memorandum 2018-08 at https://chcoc.gov/content/continued-pay-freeze-certain-senior-political-officials-2.

Presidential authority to place positions at levels IV and V[edit]

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[edit]

5 U.S.C. § 5312 lists the positions that receive the amount of pay determined by Chapter 11 of Title 2. Since January 2018, the annual rate of pay for Level I is $210,700. There exist 21 positions, which are as follows:

Level II[edit]

5 U.S.C. § 5313 lists positions given the rank of executive schedule II. Deputy secretaries of cabinet-level agencies usually have this rank. Since January 2018, the annual rate of pay for Level II is $189,600. While not listed, the Deputy Secretary of Commerce is also at Level II of the Executive Schedule.[7] The 56 positions are:

Department of Agriculture[edit]

Department of Defense[edit]

Department of Education[edit]

Department of Energy[edit]

Executive Office of the President[edit]

Department of Health and Human Services[edit]

Department of Homeland Security[edit]

Department of Housing and Urban Development[edit]

Intelligence Community[edit]

Department of the Interior[edit]

Department of Justice[edit]

Department of Labor[edit]

National Aeronautics and Space Administration[edit]

Department of State[edit]

Department of Transportation[edit]

Department of the Treasury[edit]

USAID[edit]

Department of Veterans Affairs[edit]

Other Independent Agencies[edit]

Boards and Commissions[edit]

Level III[edit]

5 U.S.C. § 5314 lists 125 positions granted the rank of level III. Since January 2018, the annual rate of pay for Level III is $174,500. The positions are:

Department of Agriculture[edit]

Department of Commerce[edit]

Department of Defense[edit]

Department of Education[edit]

Department of Energy[edit]

Executive Office of the President[edit]

  • Three Deputy Trade Representatives within the Office of the United States Trade Representative, currently:
    • Deputy United States Trade Representative for Europe, The Middle East, and Industrial Competitiveness, with the rank of Ambassador, in Washington, D.C.
    • Deputy United States Trade Representative for Investment, Services, Labor, Environment, Africa, China, and the Western Hemisphere, with the rank of Ambassador, in Washington, D.C.
    • Deputy United States Trade Representative and Permanent Representative of the United States of America to the World Trade Organization in Geneva, Switzerland
  • Chief Agricultural Negotiator, with the rank of Ambassador, Office of the United States Trade Representative
  • Chief Innovation and Intellectual Property Negotiator, with the rank of Ambassador, Office of the United States Trade Representative
  • Administrator for Federal Procurement Policy
  • Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget
  • Administrator of the Office of Electronic Government and Federal Chief Information Officer of the United States
  • Controller of the Office of Federal Financial Management, Office of Management and Budget
  • Deputy Director for Demand Reduction, Office of National Drug Control Policy
  • Deputy Director for Supply Reduction, Office of National Drug Control Policy
  • Deputy Director for State, Local, and Tribal Affairs, Office of National Drug Control Policy
  • Executive Secretary, National Space Council

Department of Health and Human Services[edit]

Department of Homeland Security[edit]

  • Under Secretary of Homeland Security for Strategy, Policy, and Plans
  • Under Secretary of Homeland Security for Science and Technology
  • Under Secretary of Homeland Security for Intelligence and Analysis and Chief Intelligence Officer
  • Director of United States Citizenship and Immigration Services
  • Commissioner of United States Customs and Border Protection
  • Deputy Administrator of the Federal Emergency Management Agency
  • Deputy Administrator for Resilience of the Federal Emergency Management Agency

Intelligence Community[edit]

  • Deputy Director of the Central Intelligence Agency

Department of Justice[edit]

National Aeronautics and Space Administration[edit]

Department of State[edit]

(1) Under Secretary of State for Political Affairs; (2) Under Secretary of State for Management; (3) Under Secretary of State for Public Diplomacy and Public Affairs; (4) Under Secretary of State for Economic Growth, Energy and the Environment; (5) Under Secretary of State for Arms Control and International Security; (6) Under Secretary of State for Civilian Security, Democracy and Human Rights

Department of Transportation[edit]

Department of the Treasury[edit]

Note: The Director of the Office of Thrift Supervision was level III before that office was abolished by the Dodd-Frank Act of 2010.

USAID[edit]

Department of Veterans Affairs[edit]

Other Independent Agencies[edit]

Boards and Commissions[edit]

Obsolete positions[edit]

Level IV[edit]

5 U.S.C. § 5315 lists 346 non-obsolete positions with the rank of executive schedule level IV. Since January 2018, the annual rate of pay for Level IV is $164,200. The positions are:

Department of Agriculture[edit]

Department of Commerce[edit]

  • Chief Financial Officer and Assistant Secretary of Commerce for Administration
  • Assistant Secretary of Commerce for Legislative and Intergovernmental Affairs
  • Assistant Secretary of Commerce for Communications and Information and Administrator of the National Telecommunications and Information Administration
  • Assistant Secretary of Commerce for Export Enforcement
  • Assistant Secretary of Commerce for Export Administration
  • Assistant Secretary of Commerce for Economic Development
  • Assistant Secretary of Commerce for Enforcement and Compliance
  • Assistant Secretary of Commerce for Industry and Analysis
  • Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy Administrator of the National Oceanic and Atmospheric Administration
  • Assistant Secretary of Commerce for Environmental Observation and Prediction
  • Director General of the United States and Foreign Commercial Service and Assistant Secretary of Commerce for Global Markets
  • General Counsel of the Department of Commerce
  • Inspector General of the Department of Commerce
  • Director of the Bureau of the Census
  • Chief Financial Officer of the Department of Commerce
  • Chief Information Officer of the 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[edit]

Department of Education[edit]

Department of Energy[edit]

Executive Office of the President[edit]

Department of Health and Human Services[edit]

Department of Homeland Security[edit]

Department of Housing and Urban Development[edit]

Intelligence Community[edit]

Department of the Interior[edit]

Department of Justice[edit]

Department of Labor[edit]

National Aeronautics and Space Administration[edit]

Department of State[edit]

Department of Transportation[edit]

Department of the Treasury[edit]

United States Agency for International Development[edit]

  • Assistant Administrator for the Bureau for Democracy, Conflict and Humanitarian Assistance
  • Assistant Administrator for the Bureau for Economic Growth, Education and Environment
  • Assistant Administrator for the Bureau for Global Health
  • Assistant Administrator for the Bureau for Legislative and Public Affairs
  • Assistant Administrator for the Bureau for Management
  • Assistant Administrator for the Bureau for Africa
  • Assistant Administrator for the Bureau for Asia
  • Assistant Administrator for the Bureau for Europe and Eurasia
  • Assistant Administrator for the Bureau for Latin America and the Caribbean
  • Assistant Administrator for the Bureau for the Middle East
  • Chief Information Officer, Agency for International Development

Department of Veterans Affairs[edit]

Other Independent Agencies[edit]

Boards and Commissions[edit]

Obsolete positions[edit]

Level V[edit]

5 U.S.C. § 5316 lists the 143 positions that receive the amount of pay determined by Chapter 11 of Title 2. Since January 2018, the annual rate of pay for Level V is $153,800. The positions are as follows:

References[edit]

  1. ^ (5 U.S.C. § 5317)
  2. ^ Thornton, David (23 January 2017). "Some feds miss out on pay raise as salary compression worsens". Federal News Network. Retrieved 5 January 2009.
  3. ^ Curtis W. Copeland (23 October 2008). The Executive Schedule IV Pay Cap on General Schedule Compensation (Report). Congressional Research Service. Retrieved 5 January 2009.
  4. ^ Trump, Donald (2017-12-22). "ADJUSTMENTS OF CERTAIN RATES OF PAY" (PDF). EXECUTIVE ORDER 13819. OPM. Retrieved 2019-01-05.
  5. ^ "Rates of Pay for the Executive Schedule" (PDF). 2016 Executive & Senior Level Employee Pay Tables. OPM.
  6. ^ https://www.senate.gov/reference/resources/pdf/98-249.pdf
  7. ^ http://www.osec.doc.gov/opog/dmp/doos/doo5_1.html
  8. ^ "5 U.S. Code § 5313. Positions at level II". Legal Information Institute. Retrieved June 4, 2019.
  9. ^ "5 U.S. Code § 5313. Positions at level II". Legal Information Institute. Retrieved June 4, 2019.
  10. ^ 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.
  11. ^ a b c "Archived copy". Archived from the original on 2008-02-23. Retrieved 2008-02-21.CS1 maint: Archived copy as title (link)
  12. ^ 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.
  13. ^ 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.

External links[edit]