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31 U.S.C. § 733 — Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General may establish a General Accounting Office Senior Executive Service 11 See Change of Name note below. —
(1) meeting the requirements of [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim);
(2) providing requirements for positions consistent with [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim);
(3) providing rates of basic pay—
(A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim); and
(B) adjusted annually by the Comptroller General after taking into consideration the factors listed under [section 732(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/c/3&num=0&edition=prelim), except that an adjustment under this subparagraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;
(4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5;
(5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim);
(6) providing for removal consistent with [section 3592 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592&num=0&edition=prelim), and for re
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Stable record: federal_law:legal_authorities:record_usc_0cd9a5348ffb8c81afe797cb
Source file: Laws/federal/codes/united-states-code/title-31/section-733-senior-executive-service--35a3767ec5.md
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Passage SHA-256: dd92dae3642a24f5c9318c77cabd98d11afdd4c2575fc4f60e1ea9f86ba9d291
Source location: Title 31, Chapter 7, § 733; chapter-007-government-accountability-office.md
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**(a)** The Comptroller General may establish a General Accounting Office Senior Executive Service 11 See Change of Name note below. —
(1) meeting the requirements of [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim);
(2) providing requirements for positions consistent with [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim);
(3) providing rates of basic pay—
(A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim); and
(B) adjusted annually by the Comptroller General after taking into consideration the factors listed under [section 732(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/c/3&num=0&edition=prelim), except that an adjustment under this subparagraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;
(4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5;
(5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim);
(6) providing for removal consistent with [section 3592 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592&num=0&edition=prelim), and for removal or suspension consistent with [section 7543 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7543&num=0&edition=prelim);
(7) allowing the Comptroller General to reassign an officer or employee in the Office Senior Executive Service to any senior-level position established under [section 732a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732a&num=0&edition=prelim), as the Comptroller General determines necessary and appropriate; and
(8) allowing the Comptroller General to pay performance awards to officers and employees of the Office Senior Executive Service consistent with [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim).
**(b)** Except as provided in subsection (a), the Comptroller General may apply any part of title 5 that applies to an applicant for or officer or employee in the Senior Executive Service under title 5 to the Office Senior Executive Service.
**(c)** The Office Senior Executive Service may include positions referred to in section 731(c), (e)(1), or (e)(2) of this title.
**(d)** Section 732(b)(6), (c), (d)(1)–(4), and (e) of this title does not apply to the Office Senior Executive Service.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General may establish senior-level positions to meet critical scientific, technical or professional needs of the Government Accountability Office. An individual serving in such a position shall—
(1) be subject to the laws and regulations applicable to the General Accounting Office Senior Executive Service 11 See Change of Name note below. under [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733&num=0&edition=prelim), with respect to rates of basic pay, performance awards, ranks, carry over of annual leave, benefits, performance appraisals, removal or suspension, and reductions in force;
(2) have the same rights of appeal to the General Accounting Office Personnel Appeals Board 1 as are provided to the Office Senior Executive Service;
(3) be exempt from the same provisions of law as are made inapplicable to the Office Senior Executive Service under [section 733(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733/d&num=0&edition=prelim), except for [section 732(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/e&num=0&edition=prelim);
(4) be entitled to discontinued service retirement under chapter 83 or 84 of title 5 as if a member of the Office Senior Executive Service; and
(5) be subject to reassignment by the Comptroller General to any position in the Office Senior Executive Service under [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733&num=0&edition=prelim), as the Comptroller General determines necessary and appropriate.
**(b)** Senior-level positions under this section may include positions referred to in paragraph (1) or (2) of
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 732a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments.
**(b)** The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States.
**(c)** The Comptroller General may adopt a seal for the Office.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 702
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section, “agency”, “senior executive”, and “career appointee” have the meanings set forth in [section 3132(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a&num=0&edition=prelim).
**(b)** Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual’s performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank.
**(c)** During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—
(1) Meritorious Executive, for sustained accomplishment, or
(2) Distinguished Executive, for sustained extraordinary accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years.
**(d)** During any fiscal year—
(1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and
(2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service.
**(e)**
(1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4507
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
**(b)** An employee against whom an action covered by this subchapter is proposed is entitled to—
(1) at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action;
(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and specific reasons therefor at the earliest practicable date.
**(c)** An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
**(d)** An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
**(e)** Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7543
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the Office of Personnel Management, there shall be established a range of rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates within the range, based on individual performance, contribution to the agency’s performance, or both, as determined under a rigorous performance management system. The lowest rate of the range shall not be less than the minimum rate of basic pay payable under section 5376, and the highest rate, for any position under this system or an equivalent system as determined by the President’s Pay Agent designated under section 5304(d), shall not exceed the rate for level III of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of section 5306(e) or 5373.
**(b)** Notwithstanding the provisions of subsection (a), the applicable maximum shall be level II of the Executive Schedule for any agency that is certified under section 5307 as having a performance appraisal system which, as designed and applied, makes meaningful distinctions based on relative performance.
**(c)** No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under subsection (b) to an agency with an applicable maximum rate of pay prescribed under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5382
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section.
(2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under [section 5382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 4507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
**(b)**
(1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee’s most recent performance appraisal and rating under subchapter II of chapter 43 of this title.
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee’s rate of basic pay.
(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of—
(A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or
(B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
**(c)**
(1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under [section 4314 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5384
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the Comptroller General decides are necessary to carry out the duties and powers of the Government Accountability Office.
**(b)** The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with [section 5401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5401&num=0&edition=prelim), as in effect on October 31, 1993.
**(c)** The annual rate of basic pay of the General Counsel of the Government Accountability Office is equal to the rate for level IV of the Executive Schedule.
**(d)** Repealed. Pub. L. 110–323, § 9(a)(1), Sept. 22, 2008, 122 Stat. 3548.]
**(e)** The Comptroller General may procure the services of experts and consultants under [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) at rates not in excess of the daily rate for level IV of the Executive Schedule, except that the services of not more than 20 experts and consultants may be procured for terms of not more than 3 years, but which shall be renewable.
**(f)** The Comptroller General shall prescribe regulations under which officers and employees of the Office may, in appropriate circumstances, be reimbursed for any relocation expenses under subchapter II of chapter 57 of title 5 for which they would not otherwise be eligible, but only if the Comptroller General determines that the transfer giving rise to such relocation is of sufficient benefit or value to the Office to justify such reimbursement.
**(g)** The Comptroller General shall prescribe regulations under which key officers and employees of the Office
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 731
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service—
(1) during the 1-year period of probation under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), or
(2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title,
except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim), nor need the removal action be delayed as a result of the granting of such hearing.
**(b)**
(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed—
(A) within 120 days after an appointment of the head of the agency; or
(B) within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who—
(i) is a noncareer appointee; and
(ii) has the authority to remove the career appointee.
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any removal under [section 4314(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3592
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the Government Accountability Office because of comments on a proposed regulation about the system.
**(b)** The personnel management system shall—
(1) include the principles of [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim);
(2) prohibit personnel practices prohibited under [section 2302(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b&num=0&edition=prelim);
(3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5;
(4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service;
(5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and
(6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with [section 5301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5301&num=0&edition=prelim), except as provided under subsection (c)(3) of this section and [section 733(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-s
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 732
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