Executive Schedule - Presidential Authority To Place Positions At Levels IV and V

Presidential Authority To Place Positions At Levels IV and V

5 U.S.C. ยง 5317 allows the President at any time to 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:

  • Counselor to the Secretary, United States Department of the Treasury
  • Deputy Under Secretary for International Labor Affairs, United States Department of Labor
  • Administrator of the Substance Abuse and Mental Health Services Administration
  • Executive Secretary of the National Security Council
  • Administrator of the Office of Juvenile Justice and Delinquency Prevention
  • Under Secretary of Defense (Comptroller)
  • Assistant Secretary of the Air Force
  • Director of the Office for Victims of Crime
  • Director of the Bureau of Justice Assistance
  • Director of the National Institutes of Health
  • Members of the Chemical Safety and Hazard Investigation Board (5)
  • Commissioner on Aging [now Assistant Secretary for Aging, Department of Health and Human Services

The following positions are granted Level V pay status:

  • Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense
  • Counselor to the Secretary of Labor, Department of Labor
  • Deputy Under Secretary for Education, Department of Education
  • Commissioner of the Administration for Native Americans

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