SUBCHAPTER II-EXECUTIVE SCHEDULE PAY

RATES

5311. The Executive Schedule

(a) The Executive Schedule, which is divided into five pay levels, is e basic pay schedule for positions, other than Senior Executive Serve positions, to which this subchapter applies.

((b) (1) Not later than 180 days after the date of the enactment of e Civil Service Reform Act of 1978, the Director of the Office of ersonnel Management shall determine the number and classification f executive level positions in existence in the executive branch on that ate of enactment, and shall publish the determination in the Federal egister. Effective beginning on the date of the publication, the numer of executive level positions within the executive branch may not xceed the number published under this subsection.

(2) For the purpose of this subsection, "executive level position"

eans

(A) any office or position in the civil service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions under section 5316 of this title, or

(B) any such office or position the rate of pay for which may be fixed by administrative action at a rate equal to or greater than the rate of basic pay payable for positions under section 5316 of this title;

ut does not include any Senior Executive Service position, as defined section 3132 (a) of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 58; amended, Pub. L. 95–454, Oct. 13, 1978, 92 Stat. 1173, 1178; Pub. .96–54, Aug. 14, 1979, 93 Stat. 382.)

5312. Positions at level I

Level I of the Executive Schedule applies to the following posions for which the annual rate of basic pay shall be the rate deterined with respect to such level under chapter 11 of title 2, as adjusted 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.

Special Representative for Trade Negotiations.
Secretary of Energy.

Secretary of Education.

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(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460, amended Pub. L. 89-670, § 10(d) (1), Oct. 15, 1966, 80 Stat. 948; Presidential salary recommendations, Budget, 1970, pursuant to Pub L. 90-206, § 225 (h), Dec. 16. 1967, 81 Stat. 634; Pub. L. 91-375, § 6(c) (12), Aug. 12, 1970, 84 Stat. 776; Pub. L. 93-618, § 141(b)(3)(A), Jan. 3, 1975, 88 Stat. 1999; Pub. L. 94-82, § 202 (b) (1), Aug. 9, 1975, 89 Stat. 419; Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 609; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 382: § 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.

Administrator, Agency for International Development. Administrator of the National Aeronautics and Space Administration.

Administrator of Veterans' Affairs.

Deputy Secretary of the Treasury.

Deputy Secretary of Transportation.

Chairman, Nuclear Regulatory Commission.

Chairman, Council of Economic Advisers.

Chairman, Board of Governors of the Federal Reserve System.

Director of the Bureau of the Budget.

Director of the Office of Science and Technology.

Director of the United States Arms Control and Disarma

ment Agency.

Director of the United States Information Agency.

Director of Central Intelligence.

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.

Director of the Special Action Office for Drug Abuse

Prevention.

Deputy Secretary of Energy.

Deputy Secretary of Agriculture.

Director of the Office of Personnel Management.

Ambassadors at Large.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460, amended Pub. L. 89-670 § 10 (d) (2), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90–83, § 1 (13), Sept. 11. 1967, 81 Stat. 198; Pub. L. 90-407, § 15(a) (1), July 18, 1968, 82 Stat. 366; Presidential salary recommendations, Budget, 1970, pursuant to Pub. L. 90-206, § 225 (h), Dec. 16, 1967, 81 Stat. 634; Pub. L 91-644, § 8(b), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 92-255; § 212(a). Mar. 21, 1972, 86 Stat. 69; Pub. L. 92-302, § 2(a), May 18, 1972. S Stat. 148; Pub. L. 92–352, § 104(1), July 13, 1972, 86 Stat. 490; Pub. L 92-596, 6, Oct. 27, 1972, 86 Stat. 1318; Pub. L. 93-438, § 310(1) Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-496, § 16 (c), Oct. 28, 1974 88 Stat. 1533; Pub. L. 94-82, § 202 (b) (2), Aug. 9, 1975, 89 Stat. 419: Pub. L. 94–561, Oct. 19, 1976, 90 Stat. 2643; Pub. L. 95-91, Aug. 4

977, 91 Stat. 609; Pub. L. 95-140, Oct. 21, 1977, 91 Stat. 1173; Pub. .95-454, § 201 (b), Oct. 13, 1978, 92 Stat. 1121; Pub. L. 96–54, Aug. 14, 979, 93 Stat. 382; Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2164.)

-5314. Positions at level III

Level III of the Executive Schedule applies to the following posions, for which the annual rate of basic pay shall be the rate deterined with respect to such level under chapter 11 of title 2, as adjusted y section 5318 of this title:

Solicitor General of the United States.

Under Secretary of Commerce.

Under Secretary of Education.

Under Secretary of Health and Human Services.
Under Secretary of the Interior.

Under Secretary of Labor.

Under Secretary of State for Political Affairs and Under Secretary of State for Economic Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management.

Under Secretary of the Treasury (or Counselor).
Under Secretary of the Treasury for Monetary Affairs.
Administrator of General Services.

Administrator of the Small Business Administration.

Deputy Administator of Veterans' Affairs.

Deputy Administrator, Agency for International Development.
Chairman, Civil Aeronautics Board.

Chairman of the Merit Systems Protection Board.
Chairman, Federal Communications Commission.

Chairman, Board of Directors, Federal Deposit Insurance Corporation.

Chairman of the Federal Home Loan Bank Board.
Chairman, Federal Energy Regulatory Commission.
Chairman, Federal Trade Commission.

Chairman, Interstate Commerce Commission.

Chairman, National Labor Relations Board.

Chairman, Securities and Exchange Commission.

Chairman, Board of Directors of the Tennessee Valley Au

thority.

Chairman, National Mediation Board.

Chairman, Railroad Retirement Board.

Chairman, Federal Maritime Commission.

Comptroller of the Currency.

Commissioner of Internal Revenue.

Under Secretaries of Defense (2).

Deputy Administrator of the National Aeronautics and Space Administration.

Deputy Director of the Bureau of the Budget.

Deputy Director of Central Intelligence.

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, Board of Governors of the Federal Reserve System.

Director of the Federal Bureau of Investigation, Department of Justice.

Administrator, Federal Highway 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.
Under Secretary of Housing and Urban Development.
Chairman, Postal Rate Commission.

Administrator of Law Enforcement Assistance.

Chairman, Occupational Safety and Health Review Commis

sion.

Governor of the Farm Credit Administration.
Chairman, Equal Employment Opportunity Commission.
Chairman, Consumer Product Safety Commission.
Under Secretary, Department of Energy.

Chairman, Commodity Futures Trading Commission.
Deputy Special Representatives for Trade Negotiations (2).
Chairman, United States International Trade Commission.
Director of the Office of Drug Abuse Policy.

Administrator, National Oceanic and Atmospheric Adminis

tration.

Associate Attorney General.

Chairman, Federal Mine Safety and Health Review Commis

sion.

Deputy Director of the Office of Personnel Management. Under Secretary of Agriculture for International Affairs and Commodity Programs.

Director, Institute for Scientific and Technological Cooperation.

Director, Office of Justice Assistance, Research, and Statistics. Under Secretary of Agriculture for Small Community and Rural Development.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 460, amended Pub. L. 89–670, § 10 (d) (3), (e), Oct. 15, 1966, 80 Stat. 948; Pub. L. 90-83, § 1(14). Sept. 11, 1967, 81 Stat. 198; Pub. L. 90-206, § 215 (a), Dec. 16. 1967, 81 Stat. 638; Pub. L. 90–407, § 15 (a) (2), July 18, 1968, 82 Stat. 367; Pub. L. 90-623, § 1(26), Oct. 22, 1968, 82 Stat. 1314; Presidential salary recommendations, Budget, 1970, pursuant to Pub. L. 90–206. § 225 (h), Dec. 16, 1967, 81 Stat. 634; Pub. L. 91-175, § 503 (1), Dec. 20, 1969, 83 Stat. 826; Pub. L. 91-375, § 6(c) (13), Aug. 12, 1970, 84 Stat. 776; Pub. L. 91-596, § 12 (c) (1), Dec. 29, 1970, 84 Stat. 1604; Pub. L. 91-644, §§ 7(1), 8(a), Jan. 2, 1971, 84 Stat. 1887, 1888; Pub. L. 92–181. § 5.27(a), Dec. 10, 1971, 85 Stat. 625; Pub. L. 92-226, § 403, Feb. 7. 1972, 86 Stat. 34; Pub. L. 92-261, § 9 (a), Mar. 24, 1972, 86 Stat. 110; Pub. L. 92-302, § 2(b), May 18, 1972, 86 Stat. 149; Pub. L. 92-352, 104 (2), July 13, 1972, 86 Stat. 490; Pub. L. 92-573, § 4 (h) (1), Oct. 27, 1972, 86 Stat. 1211; Pub. L. 93-83, § 2, Aug. 6, 1973, 87 Stat. 211: Pub. L. 93-438, § 310 (2), Oct. 11, 1974, 88 Stat. 1252; Pub. L. 93-463. § 102 (a), Oct. 23, 1974, 88 Stat. 1391; Pub. L. 93-618, §§ 141 (b) (3)

(B), 172 (c) (1), Jan. 3, 1975, 88 Stat. 1999, 2010; Pub. L. 94-82, § 202 (b) (3), Aug. 9, 1975, 89 Stat. 420; Pub. L. 94–183, § 2(17), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 94-237, § 209 (a), Mar. 19, 1976, 90 Stat. 243; Pub. L. 94-461, Oct. 8, 1976, 90 Stat. 1969; Pub. L. 95-88, Aug. 3, 1977, 91 Stat. 542; Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-139, Oct. 19, 1977, 91 Stat. 1171; Pub. L. 95-140, Oct. 21, 1977, 91 Stat. 1173; Pub. L. 95-164, Nov. 9, 1977, 91 Stat. 1320; Pub. L. 95-426, Oct. 7, 1978, 92 Stat. 969; Pub. L. 95-454, § 201 (b) (2), 202 (c), Oct. 13, 1978, 92 Stat. 1121 and 1131; Pub. L. 95-501, Oct. 21, 1978, 92 Stat. 1691; Pub. L. 96-53, Aug. 14, 1979, 93 Stat. 377; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 692; Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1204; Pub. L. 96-355, Sept. 24, 1980, 94 Stat. 1173.)

§ 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).

Under Secretary of the Air Force.

Under Secretary of the Army.

Under Secretary of the Navy.

Assistant Secretaries of Agriculture (5).

Assistant Secretaries of Commerce (8).

Assistant Secretaries of Defense (7).

Assistant Secretaries of the Air Force (3).

Assistant Secretaries of the Army (4).

Assistant Secretaries of the Navy (3).

Assistant Secretaries of Health and Human Services (4).

Assistant Secretaries of the Interior (6).

Assistant Attorneys General (10).

Assistant Secretaries of Labor (5).

Assistant Secretaries of State (13).

Assistant Secretaries of the Treasury (5).

Members, United States International Trade Commission (5).

Assistant Secretaries of Education (6).

General Counsel, Department of Education.

Inspector General, 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.

Deputy Director of the United States Arms Control and Disarmament Agency.

Deputy Director of the United States Information Agency.
Assistant Directors of the Bureau of the Budget (3).
General Counsel of the Department of Agriculture.