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5 U.S.C. § 3131 — The Senior Executive Service

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3131 — The Senior Executive Service

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

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Stable record: federal_law:legal_authorities:record_usc_32dd7b406af910f7086a8113
Source file: Laws/federal/codes/united-states-code/title-5/section-3131-the-senior-executive-service--a13d54fea2.md
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Source location: Title 5, Chapter 31, § 3131; chapter-031-authority-for-employment.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3133 — Authorization of positions; authority for appointment

**(a)** During each even-numbered calendar year, each agency shall— (1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and (2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years. **(b)** Each agency request submitted under subsection (a) of this section shall— (1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and (2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions. **(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency. Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017. **(d)** (1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe. (2) The total number of position

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3395 — Reassignment and transfer within the Senior Executive Service

**(a)** (1) A career appointee in an agency— (A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and (B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers. (2) (A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment. (B) (i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless— (I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and (II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment. (ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved. **(b)** (1) Notwithstanding [section 3394(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394/b&num=0&edition=prelim), a limited emergency appointee may be reassigned to another Senior Executive Service position in the same age

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5305 — Special pay authority

**(a)** (1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an age

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Federal law — U.S. Code and appendices · legal_authorities

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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3135 — Repealed. Pub. L. 104–66, title II, § 2181(a)(1), Dec. 21, 1995, 109 Stat. 732]

### Statutory Notes Section, added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159; amended Pub. L. 98–168, title III, § 301(b), Nov. 29, 1983, 97 Stat. 1112; Pub. L. 98–615, title III, § 306(a), Nov. 8, 1984, 98 Stat. 3219, directed Office of Personnel Management to submit reports to Congress relating to Senior Executive Service.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 413 — Special provisions concerning the Department of Justice

**(a) In General.—** (1) **Authority of attorney general over certain audits and investigations.—** — Notwithstanding the 2d sentence and last sentence of [section 403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/a&num=0&edition=prelim), the Inspector General shall be under the authority, direction, and control of the Attorney General with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— (A) ongoing civil or criminal investigations or proceedings; (B) undercover operations; (C) the identity of confidential sources, including protected witnesses; (D) intelligence or counterintelligence matters; or (E) other matters the disclosure of which would constitute a serious threat to national security. (2) **Authority of attorney general to prohibit carrying out or completing certain audits and investigations.—** — With respect to the information described under paragraph (1), the Attorney General may prohibit the Inspector General from carrying out or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Attorney General determines that such prohibition is necessary to prevent the disclosure of any information described under paragraph (1) or to prevent significant impairment to the national interests of the United States. (3) **Notification and statement of reasons for exercise of power.—** — If the Attorney General exercises any power under paragraph (1) or (2), the Attorney General shall notify the Ins

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 733 — Senior Executive Service

**(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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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2101a — The Senior Executive Service

The “Senior Executive Service” consists of Senior Executive Service positions (as defined in [section 3132(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim)).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2102 — The competitive service

**(a)** The “competitive service” consists of— (1) all civil service positions in the executive branch, except— (A) positions which are specifically excepted from the competitive service by or under statute; (B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and (C) positions in the Senior Executive Service; (2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and (3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute. **(b)** Notwithstanding subsection (a)(1)(B) of this section, the “competitive service” includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute. **(c)** As used in other Acts of Congress, “classified civil service” or “classified service” means the “competitive service”.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2103 — The excepted service

**(a)** For the purpose of this title, the “excepted service” consists of those civil service positions which are not in the competitive service or the Senior Executive Service. **(b)** As used in other Acts of Congress, “unclassified civil service” or “unclassified service” means the “excepted service”.

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