USC Subchapter II

USC Subchapter II
in effect

5 U.S.C. § 5311 The Executive Schedule

The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which this subchapter applies.

5 U.S.C. § 5312 Positions at level I

Level 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 section 5318 of this title: 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.

5 U.S.C. § 5313 Positions at level II

Level II 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 section 5318 of this title: Deputy Secretary of Defense. Deputy Secretary of State. Deputy Secretary of State for Management and Resources. Administrator, Agency for International Development. Administrator of the National Aeronautics and Space Administration. Deputy Secretary of Veterans Affairs. Deputy Secretary of Homeland Security. Under Secretary of Homeland Security for Management. Administrator of the Transportation Security Administration. Director, Cybersecurity and Infrastructure Security Agency. Deputy Secretary of the Treasury. Deputy Secretary of Transportation. Chairman, Nuclear Regulatory Commission. Chairman, Council of Economic Advisers. Director of the Office of Science and Technology. Director of the Central Intelligence Agency. Secretary of the Air Force. Secretary of the Army. Secretary of the Navy. Administrator, Federal Aviation Administration. Director of the National Science Foundation. Deputy Attorney General. Deputy Secretary of Energy. Deputy Secretary of Agriculture. Director of the Office of Personnel Management. Administrator, Federal Highway Administration. Administrator of the Environmental Protection Agency. Deputy Secretary of Labor. Deputy Director of the Office of Management and Budget. Independent Members, Thrift Depositor Protection Oversight Board. Deputy Secretary of Health and Human Services. Deputy Secretary of the Interior. Deputy Secretary of Education. Deputy Secretary of Housing and Urban Development. Deputy Director for Management, Office of Management and Budget. Director of the Federal Housing Finance Agency. Deputy Commissioner of Social Security, Social Security Administration. Administrator of the Community Development Financial Institutions Fund. Deputy Director of National Drug Control Policy. Members, Board of Governors of the Federal Reserve System. Under Secretary of Transportation for Policy. Chief Executive Officer, Millennium Challenge Corporation. Principal Deputy Director of National Intelligence. Director of the National Counterterrorism Center. Administrator of the Federal Emergency Management Agency. Federal Transit Administrator. Chief Executive Officer, United States International Development Finance Corporation.

5 U.S.C. § 5314 Positions at level III

Level III 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 section 5318 of this title: Solicitor General of the United States. Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Industry and Security, Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development. Under Secretaries of State (6). Under Secretaries of the Treasury (3). Administrator of General Services. Administrator of the Small Business Administration. Deputy Administrator, Agency for International Development. Chairman of the Merit Systems Protection Board. Chairman, Federal Communications Commission. Chairman, Board of Directors, Federal Deposit Insurance Corporation. Chairman, Federal Energy Regulatory Commission. Chairman, Federal Trade Commission. Chairman, Surface Transportation Board. Chairman, National Labor Relations Board. Chairman, Securities and Exchange Commission. Chairman, National Mediation Board. Chairman, Railroad Retirement Board. Chairman, Federal Maritime Commission. Comptroller of the Currency. Commissioner of Internal Revenue. Under Secretary of Defense for Research and Engineering. Under Secretary of Defense for Acquisition and Sustainment. Under Secretary of Defense for Policy. Under Secretary of Defense (Comptroller). Under Secretary of Defense for Personnel and Readiness. Under Secretary of Defense for Intelligence and Security. Under Secretary of the Air Force. Under Secretary of the Army. Under Secretary of the Navy. Deputy Administrator of the National Aeronautics and Space Administration. Deputy Director of the Central Intelligence Agency. Director of the Office of Emergency Planning. Director of the Peace Corps. Deputy Director, National Science Foundation. President of the Export-Import Bank of Washington. Members, Nuclear Regulatory Commission. Members, Defense Nuclear Facilities Safety Board. Director of the Federal Bureau of Investigation, Department of Justice. Administrator of the National Highway Traffic Safety Administration. Administrator of the Federal Motor Carrier Safety Administration. Administrator, Federal Railroad Administration. Chairman, National Transportation Safety Board. Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts. Chairman of the National Endowment for the Humanities. Director of the Federal Mediation and Conciliation Service. Chairman, Postal Regulatory Commission. Chairman, Occupational Safety and Health Review Commission. Governor of the Farm Credit Administration. Chairman, Equal Employment Opportunity Commission. Chairman, Consumer Product Safety Commission. Under Secretaries of Energy (3). Chairman, Commodity Futures Trading Commission. Deputy United States Trade Representatives (3). Chief Agricultural Negotiator, Office of the United States Trade Representative. Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative. Chairman, United States International Trade Commission. Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration. Under Secretary of Commerce for Standards and Technology, who also serves as Director of the National Institute of Standards and Technology. Associate Attorney General. Chairman, Federal Mine Safety and Health Review Commission. Chairman, National Credit Union Administration Board. Deputy Director of the Office of Personnel Management. Under Secretary of Agriculture for Farm Production and Conservation. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs. Under Secretary of Agriculture for Food, Nutrition, and Consumer Services. Under Secretary of Agriculture for Natural Resources and Environment. Under Secretary of Agriculture for Research, Education, and Economics. Under Secretary of Agriculture for Food Safety. Under Secretary of Agriculture for Marketing and Regulatory Programs. Director, Institute for Scientific and Technological Cooperation. Under Secretary of Agriculture for Rural Development. Administrator, Maritime Administration. Executive Director Property Review Board. Deputy Administrator of the Environmental Protection Agency. Archivist of the United States. Executive Director, Federal Retirement Thrift Investment Board. Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.11 See References in Text note below. Director, Trade and Development Agency. Under Secretary for Health, Department of Veterans Affairs. Under Secretary for Benefits, Department of Veterans Affairs. Under Secretary for Memorial Affairs, Department of Veterans Affairs. Under Secretaries, Department of Homeland Security. Director of the Bureau of Citizenship and Immigration Services. Director of the Office of Government Ethics. Administrator for Federal Procurement Policy. Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget. Director of the Office of Thrift Supervision. Chairperson of the Federal Housing Finance Board. Executive Secretary, National Space Council. Controller, Office of Federal Financial Management, Office of Management and Budget. Administrator, Office of the Assistant Secretary for Research and Technology of the Department of Transportation. 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 and Local Affairs, Office of National Drug Control Policy. Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Register of Copyrights. Commissioner of U.S. Customs and Border Protection, Department of Homeland Security. Under Secretary of Education 22 So in original. Probably should be followed by a period. Administrator of the Centers for Medicare & Medicaid Services. Administrator of the Office of Electronic Government. Administrator, Pipeline and Hazardous Materials Safety Administration. Director, Pension Benefit Guaranty Corporation. Deputy Administrators, Federal Emergency Management Agency. Deputy Administrator, Transportation Security Administration. Chief Executive Officer, International Clean Energy Foundation. Independent Member of the Financial Stability Oversight Council (1). Director of the Office of Financial Research. Director of the National Reconnaissance Office. Special Counsel of the Office of Special Counsel.

5 U.S.C. § 5315 Positions at level IV

Level IV 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 section 5318 of this title: Deputy Administrator of General Services. Associate Administrator of the National Aeronautics and Space Administration. Assistant Administrators, Agency for International Development (6). Regional Assistant Administrators, Agency for International Development (4). Assistant Secretaries of Agriculture (3). Assistant Secretaries of Commerce (11). Assistant Secretaries of Defense (20). Assistant Secretaries of the Air Force (5). Assistant Secretaries of the Army (5). Assistant Secretaries of the Navy (4). Assistant Secretaries of Health and Human Services (6). Assistant Secretaries of the Interior (6). Assistant Attorneys General (11). Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans’ Employment and Training. Administrator, Wage and Hour Division, Department of Labor. Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate. Assistant Secretaries of the Treasury (10). Members, United States International Trade Commission (5). Assistant Secretaries of Education (10). General Counsel, Department of Education. Director of Civil Defense, Department of the Army. Deputy Director of the Office of Emergency Planning. Deputy Director of the Office of Science and Technology. Deputy Director of the Peace Corps. Assistant Directors of the Office of Management and Budget (3). General Counsel of the Department of Agriculture. General Counsel of the Department of Commerce. General Counsel of the Department of Defense. General Counsel of the Department of Health and Human Services. Solicitor of the Department of the Interior. Solicitor of the Department of Labor. General Counsel of the National Labor Relations Board. General Counsel of the Department of the Treasury. First Vice President of the Export-Import Bank of Washington. Members, Council of Economic Advisers. Members, Board of Directors of the Export-Import Bank of Washington. Members, Federal Communications Commission. Member, Board of Directors of the Federal Deposit Insurance Corporation. Directors, Federal Housing Finance Board. Members, Federal Energy Regulatory Commission. Members, Federal Trade Commission. Members, Surface Transportation Board. Members, National Labor Relations Board. Members, Securities and Exchange Commission. Members, Merit Systems Protection Board. Members, Federal Maritime Commission. Members, National Mediation Board. Members, Railroad Retirement Board. Director of Selective Service. Associate Director of the Federal Bureau of Investigation, Department of Justice. Members, Equal Employment Opportunity Commission (4). Director, Community Relations Service. Members, National Transportation Safety Board. General Counsel, Department of Transportation. Deputy Administrator, Federal Aviation Administration. Assistant Secretaries of Transportation (5). Deputy Federal Highway Administrator. Administrator of the Great Lakes St. Lawrence Seaway Development Corporation. Assistant Secretary for Science, Smithsonian Institution. Assistant Secretary for History and Art, Smithsonian Institution. Deputy Administrator of the Small Business Administration. Assistant Secretaries of Housing and Urban Development (8). General Counsel of the Department of Housing and Urban Development. Commissioner of Interama. Federal Insurance Administrator, Federal Emergency Management Agency. Members, National Credit Union Administration Board (2). Members, Postal Regulatory Commission (4). Members, Occupational Safety and Health Review Commission. Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2). Members, Consumer Product Safety Commission (4). Members, Commodity Futures Trading Commission. Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission. Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission. Director of Nuclear Regulatory Research, Nuclear Regulatory Commission. Executive Director for Operations, Nuclear Regulatory Commission. President, Government National Mortgage Association, Department of Housing and Urban Development. 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, Bureau of Prisons, Department of Justice. Assistant Secretaries of Energy (8). General Counsel of the Department of Energy. Administrator, Economic Regulatory Administration, Department of Energy. Administrator, Energy Information Administration, Department of Energy. Director, Office of Indian Energy Policy and Programs, Department of Energy. Director, Office of Science, Department of Energy. Assistant Secretary of Labor for Mine Safety and Health. Members, Federal Mine Safety and Health Review Commission. President, National Consumer Cooperative Bank. Chairman, Federal Labor Relations Authority. Assistant Secretaries, Department of Homeland Security. Assistant Director for Cybersecurity, Cybersecurity and Infrastructure Security Agency. Assistant Director for Infrastructure Security, Cybersecurity and Infrastructure Security Agency. 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. Deputy Director, Institute for Scientific and Technological Cooperation. Director of the National Institute of Justice. Director of the Bureau of Justice Statistics. Chief Counsel for Advocacy, Small Business Administration. Assistant Administrator for Toxic Substances, Environmental Protection Agency. Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. Assistant Administrators, Environmental Protection Agency (8). Director of Operational Test and Evaluation, Department of Defense. Director of Cost Assessment and Program Evaluation, Department of Defense. Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State. Ambassadors at Large. Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service. Assistant Secretaries, Department of Veterans Affairs (7). General Counsel, Department of Veterans Affairs. Commissioner of Food and Drugs, Department of Health and Human Services 11 So in original. Probably should be followed by a period. Chairman, Board of Veterans’ Appeals. Administrator, Office of Juvenile Justice and Delinquency Prevention. Director, United States Marshals Service. Chairman, United States Parole Commission. Director, Bureau of the Census, Department of Commerce. Director of the Institute of Museum and Library Services. Chief Financial Officer, Department of Agriculture. Chief Financial Officer, Department of Commerce. Chief Financial Officer, Department of Education. Chief Financial Officer, Department of Energy. Chief Financial Officer, Department of Health and Human Services. Chief Financial Officer, Department of Housing and Urban Development. Chief Financial Officer, Department of the Interior. Chief Financial Officer, Department of Justice. Chief Financial Officer, Department of Labor. Chief Financial Officer, Department of State. Chief Financial Officer, Department of Transportation. Chief Financial Officer, Department of the Treasury. Chief Financial Officer, Department of Veterans Affairs. Chief Financial Officer, Environmental Protection Agency. Chief Financial Officer, National Aeronautics and Space Administration. Commissioner, Office of Navajo and Hopi Indian Relocation. Deputy Under Secretary of Defense for Research and Engineering. Deputy Under Secretary of Defense for Acquisition and Sustainment. Deputy Under Secretary of Defense for Policy. Deputy Under Secretary of Defense for Personnel and Readiness. Deputy Under Secretary of Defense (Comptroller). Deputy Under Secretary of Defense for Intelligence and Security. 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. Liaison for Community and Junior Colleges, Department of Education. Director of the Office of Educational Technology. Director of the International Broadcasting Bureau. The 22 The word “The” probably should not appear. Commissioner of Labor Statistics, Department of Labor. Chief Information Officer, Department of Agriculture. Chief Information Officer, Department of Commerce. 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). Chief Information Officer, Department of Education. Chief Information Officer, Department of Energy. Chief Information Officer, Department of Health and Human Services. Chief Information Officer, Department of Housing and Urban Development. Chief Information Officer, Department of the Interior. Chief Information Officer, Department of Justice. Chief Information Officer, Department of Labor. Chief Information Officer, Department of State. Chief Information Officer, Department of Transportation. Chief Information Officer, Department of the Treasury. Chief Information Officer, Department of Veterans Affairs. Chief Information Officer, Environmental Protection Agency. Chief Information Officer, National Aeronautics and Space Administration. Chief Information Officer, Agency for International Development. Chief Information Officer, Federal Emergency Management Agency. Chief Information Officer, General Services Administration. Chief Information Officer, National Science Foundation. Chief Information Officer, Nuclear Regulatory Agency. Chief Information Officer, Office of Personnel Management. Chief Information Officer, Small Business Administration. General Counsel of the Central Intelligence Agency. Principal Deputy Administrator, National Nuclear Security Administration. Additional Deputy Administrators of the National Nuclear Security Administration (3), but if the Deputy Administrator for Naval Reactors is an officer of the Navy on active duty, (2). Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. General Counsel of the Office of the Director of National Intelligence. Chief Medical Officer, Department of Homeland Security. Director of the National Counterintelligence and Security Center.

5 U.S.C. § 5316 Positions at level V

Level V 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 section 5318 of this title: Administrator, Bonneville Power Administration, Department of the Interior. Administrator of the National Capital Transportation Agency. Associate Administrators of the Small Business Administration (4). Associate Administrators, National Aeronautics and Space Administration (7). Associate Deputy Administrator, National Aeronautics and Space Administration. Deputy Associate Administrator, National Aeronautics and Space Administration. Archivist of the United States. Assistant Secretary of Health and Human Services for Administration. Assistant Attorney General for Administration. Assistant and Science Adviser to the Secretary of the Interior. Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice. Chairman of the Renegotiation Board. Chairman of the Subversive Activities Control Board. Chief Counsel for the Internal Revenue Service, Department of the Treasury. Commissioner, Federal Acquisition Service, General Services Administration. Director, United States Fish and Wildlife Service, Department of the Interior. Commissioner of Indian Affairs, Department of the Interior. Commissioners, Indian Claims Commission (5). Commissioner, Public Buildings Service, General Services Administration. Commissioner of Reclamation, Department of the Interior. Commissioner of Vocational Rehabilitation, Department of Health and Human Services. Commissioner of Welfare, Department of Health and Human Services. Director, Bureau of Mines, Department of the Interior. Director, Geological Survey, Department of the Interior. Deputy Commissioner of Internal Revenue, Department of the Treasury. Associate Director of the Federal Mediation and Conciliation Service. Associate Director for Volunteers, Peace Corps. Associate Director for Program Development and Operations, Peace Corps. Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2). Assistant Directors, Office of Emergency Planning (3). Fiscal Assistant Secretary of the Treasury. General Counsel of the Agency for International Development. General Counsel of the Nuclear Regulatory Commission. General Counsel of the National Aeronautics and Space Administration. Manpower Administrator, Department of Labor. Members, Renegotiation Board. Members, Subversive Activities Control Board. Assistant Administrator of General Services. Director, United States Travel Service, Department of Commerce. Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. Deputy Director, National Security Agency. Director, Bureau of Land Management, Department of the Interior. Director, National Park Service, Department of the Interior. National Export Expansion Coordinator, Department of Commerce. Staff Director, Commission on Civil Rights. Assistant Secretary for Administration, Department of Transportation. Director, United States National Museum, Smithsonian Institution. Director, Smithsonian Astrophysical Observatory, Smithsonian Institution. Administrator of the Environmental Science Services Administration. Associate Directors of the Office of Personnel Management (5). Assistant Federal Highway Administrator. Deputy Administrator of the National Highway Traffic Safety Administration. Deputy Administrator of the Federal Motor Carrier Safety Administration. Assistant Federal Motor Carrier Safety Administrator. Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice. Deputy Administrator, Federal Transit Administration, Department of Transportation. General Counsel of the Equal Employment Opportunity Commission. Executive Director, Advisory Council on Historic Preservation. Additional Officers, Department of Energy (14). Additional officers, Nuclear Regulatory Commission (5). Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration. Assistant Administrators (3), National Oceanic and Atmospheric Administration. General Counsel, National Oceanic and Atmospheric Administration. Members, Federal Labor Relations Authority (2) and its General Counsel. Additional officers, Institute for Scientific and Technological Cooperation (2). Additional officers, Office of Management and Budget (6). Chief Scientist, National Oceanic and Atmospheric Administration. Director, Indian Health Service, Department of Health and Human Services. Commissioners, United States Parole Commission (8). Commissioner, Administration on Children, Youth, and Families. Chairman of the Advisory Council on Historic Preservation.

5 U.S.C. § 5317 Presidential authority to place positions at levels IV and V

In addition to the positions listed in sections 5315 and 5316 of this title, the President, from time to time, may place in levels IV and V of the Executive Schedule positions held by not to exceed 34 individuals when he considers that action necessary to reflect changes in organization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appointment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this section shall be published in the Federal Register, except when the President determines that the publication would be contrary to the interest of 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 August 14, 1964.

5 U.S.C. § 5318 Adjustments in rates of pay

(a) Subject to subsection (b), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of this title in the rates of pay under the General Schedule, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount, rounded to the nearest multiple of $100 (or if midway between multiples of $100, to the next higher multiple of $100), equal to the percentage of such annual rate of pay which corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect. (b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.

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