Cabinet of the United States

Background

There is no explicit definition of the term "Cabinet" in the United States Constitution, the United States Code, or the Code of Federal Regulations. The name comes from a 17th-century usage for a private room where advisors would meet, which developed into the modern sense of a council of advisors.

The notion of a Cabinet dates back to the first President, George Washington, who appointed a Cabinet of four men to advise him and to assist him in carrying out his duties (his cabinet also included Vice President John Adams):

In the Constitution and federal law

The term "principal Officer in each of the executive Departments" is mentioned in Article II, Section 2, Clause 1, and the term "Heads of Departments" is mentioned in Article II, Section 2, Clause 2 of the Constitution. The term "principal officers of the executive departments" is also mentioned in the Twenty-fifth Amendment, Section 4. The executive departments are listed in 5 U.S.C. § 101. Although there are occasional references to "Cabinet-level officers," which when viewed in their context do refer to these "principal officers" and "heads of departments," the terms "principal officers" and "heads of departments" are not necessarily synonymous with "Cabinet" members.

The heads of the executive departments and all other federal agency heads are nominated by the President and then presented to the Senate for confirmation or rejection by a simple majority (although, before use of the "nuclear option" during the 113th US Congress, they could have been blocked by filibuster, requiring cloture to be invoked by  ³⁄₅ supermajority to further consideration). If approved, they receive their commission scroll, are sworn in and then begin their duties.

In 3 U.S.C. § 302 with regard to delegation of authority by the President, it is provided that "nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President." This pertains directly to the heads of the executive departments as each of their offices is created and specified by statutory law (hence the presumption) and thus gives them the authority to act for the President within their areas of responsibility without any specific delegation.

Under the 1967 Federal Anti-Nepotism statute, federal officials are prohibited from appointing their immediate family members to certain governmental positions, including those in the Cabinet.

Under the Federal Vacancies Reform Act of 1998, an incoming administration may appoint acting heads of department from employees of the relevant department. These may be existing high-level career employees, from political appointees of the outgoing administration, or sometimes lower-level appointees of the incoming administration.

Salary

The heads of the executive departments and most other senior federal officers at cabinet or sub-cabinet level receive their salary under a fixed five level pay plan known as the Executive Schedule, which is codified in Title 5 of the United States Code. 21 positions, including the heads of the executive departments and others, receiving Level I pay are listed in 5 U.S.C. § 5312, and those 46 positions on Level II pay (including the number two positions of the executive departments) are listed in 5 U.S.C. § 5313. As of 2015, Level I annual pay, was set at $203,700.

The annual salary of the Vice President is $235,300. The salary level was set by the Government Salary Reform Act of 1989, which also provides an automatic cost of living adjustment for federal employees. The Vice President does not automatically receive a pension based on that office, but instead receives the same pension as other members of Congress based on his ex officio position as President of the Senate.

Current Cabinet and Cabinet-rank officials

The individuals listed below were nominated by President Donald Trump to form his Cabinet and were confirmed by the United States Senate on the date noted, or are serving as acting department heads by his request pending the confirmation of his nominees. For a full list of people nominated for Cabinet positions, see Cabinet of Donald Trump.

An elected Vice President does not require Senate confirmation, nor does the White House Chief of Staff, which is an appointed staff position of the Executive Office of the President.

Vice President and the Heads of the Executive Departments

The Cabinet includes the Vice President and the heads of 15 executive departments, listed here according to their order of succession to the Presidency. These 16 positions are the core "cabinet member" seats, as distinct from other Cabinet-level seats for other various top level White House staffers and heads of other government agencies, none of whom are in the presidential line of succession. Note that the Speaker of the House and the President pro tempore of the Senate follow the Vice President and precede the Secretary of State in the order of succession, but both are in the legislative branch and are not part of the Cabinet.

Cabinet-level officials

The following officials hold positions that are considered to be Cabinet-level positions. Cabinet-level officials attend Cabinet meetings, but are not official Cabinet Members:

Former executive and Cabinet-level departments

Renamed heads of the executive departments

Other positions no longer of Cabinet rank

Proposed Cabinet departments