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5 U.S.C. § 4507 — Awarding of ranks in the Senior Executive Service
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
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Stable record: federal_law:legal_authorities:record_usc_41c6600202d192121f54d172
Source file: Laws/federal/codes/united-states-code/title-5/section-4507-awarding-of-ranks-in-the-senior-executive-service--8d10f0b410.md
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Passage SHA-256: e70a377310881d8c089047d855d1892d9d7f67851c9fe315bc822b51886ffdf1
Source location: Title 5, Chapter 45, § 4507; chapter-045-incentive-awards.md
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**(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-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 5384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim).
(2) Receipt by a career appointee of the rank of Distinguished Executive entitles the individual to a lump-sum payment of an amount equal to 35 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-prelim-title5-section5382&num=0&edition=prelim) or any award paid under [section 5384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim).
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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)** 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) Establishment.—** The Secretary of Defense may establish a Defense Intelligence Senior Executive Service for defense intelligence positions established pursuant to [section 1601(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1601/a&num=0&edition=prelim) that are equivalent to Senior Executive Service positions. The number of positions in the Defense Intelligence Senior Executive Service may not exceed 594.
**(b) Regulations Consistent With Title 5 Provisions.—** The Secretary of Defense shall prescribe regulations for the Defense Intelligence Senior Executive Service which are consistent with the requirements set forth in sections 3131, 3132(a)(2), 3396(c), 3592, 3595(a), 5384, and 6304 of title 5, subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to those regulations), and subchapter II of chapter 43 of such title. To the extent that the Secretary determines it practicable to apply to members of, or applicants for, the Defense Intelligence Senior Executive Service other provisions of title 5 that apply to members of, or applicants for, the Senior Executive Service, the Secretary shall also prescribe regulations to implement those provisions with respect to the Defense Intelligence Senior Executive Service.
**(c) Award of Rank to Members of the Defense Intelligence Senior Executive Service.—** The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim) to members of the Defense Intellige
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1606
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility; additional lump sum payment; excessive compensation not precluding award** Subject to subsection (e), members of the Senior Foreign Service who are serving—
(1) under career or career candidate appointments, or
(2) under limited appointments with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as career appointees in the Senior Executive Service,
shall be eligible to compete for performance pay in accordance with this section. Performance pay shall be paid in a lump sum and shall be in addition to the basic salary prescribed under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim) and any other award. The fact that a member of the Senior Foreign Service competing for performance pay would, as a result of the payment of such performance pay, receive compensation exceeding the compensation of any other member of the Service shall not preclude the award or its payment.
**(b) Criteria; limitations** Awards of performance pay shall take into account the criteria established by the Office of Personnel Management for performance awards under [section 5384 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5384&num=0&edition=prelim) and rank awards under [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim). Awards of performance pay under this section shall be subject to the following limitations:
(1) Not more than 33 percent of the members of the Senior Foreign Service may receive performance pay in any fiscal year.
(2) Except as provided in paragraph (3),
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3965
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 733
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The annual rates or ranges of rates of basic pay for positions provided in section 11 So in original. Probably should be “sections”. 7306 and 7401(4) of this title shall be prescribed from time to time by Executive order as authorized by chapter 53 of title 5 or as otherwise authorized by law.
(B) [Section 5377 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377&num=0&edition=prelim) shall apply to a position under section 7306 or 7401(4) of this title as if such position were included in the definition of “position” in [section 5377(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377/a&num=0&edition=prelim).
(2)
(A) The pay of physicians, podiatrists, optometrists, and dentists serving in positions to which an Executive order applies under paragraph (1) shall be determined under subchapter III of this chapter instead of such Executive order.
(B) The basic pay of registered nurses and physician assistants serving in positions to which an Executive order applies under paragraph (1) may be determined under subchapter IV of this chapter instead of such Executive order. Such positions shall not otherwise be covered by such subchapter, except with respect to bonuses under section 7452 or 7458 or special pay under subsection (g) of such section 7452.
(3)
(A) The rate of basic pay for a position to which an Executive order applies under paragraph (1) and is not described by paragraph (2) shall be set in accordance with [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim) as if such position were a Senior Executive Service position (as such term is defined in [section 3132(a) of title 5](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7404
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Physicians, dentists, nurses, and other health-care professionals employed by the Administration and appointed under section 7306, 7401(1), 7405, or 7406 of this chapter are not subject to the following provisions of law:
(1) Section 413 of the Civil Service Reform Act of 1978.
(2) Subchapter II of chapter 31 of title 5.
(3) Subchapter VIII of chapter 33 of title 5.
(4) Subchapter V of chapter 35 of title 5.
(5) Subchapter II of chapter 43 of title 5.
(6) [Section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim).
(7) Subchapter VIII of chapter 53 of title 5.
(8) Subchapter V of chapter 75 of title 5.
**(b)** Except as provided in subsection (c), and notwithstanding any other provision of law, no provision of title 5 or any other law pertaining to the civil service system which is inconsistent with any provision of [section 7306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7306&num=0&edition=prelim) or this chapter shall be considered to supersede, override, or otherwise modify such provision of that section or this chapter except to the extent that such provision of title 5 or of such other law specifically provides, by specific reference to a provision of this chapter, or such provision to be superseded, overridden, or otherwise modified.
**(c)** Notwithstanding any other provision of this subchapter, the Administration shall provide to individuals appointed to any position described in section 7421(b) who are employed for compensation by the Administration, family and medical leave in the same manner and subject to the same limitations to the maximum extent practicable, as family and medical leave is provided under subchapter V of chapt
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7425
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Transportation Security Administration shall be an administration of the Department of Homeland Security.
**(b) Leadership.—**
(1) **Head of transportation security administration.—**
(A) *Appointment.—* — The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C) *Term.—* — Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
(2) **Deputy administrator.—**
(A) *Appointment.—* — There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
(B) *Vacancy.—* — The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
(C) *Qualifications.—* — The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field di
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provision of intelligence**
(1) The Director of National Intelligence shall be responsible for ensuring that national intelligence is provided—
(A) to the President;
(B) to the heads of departments and agencies of the executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
(D) to the Senate and House of Representatives and the committees thereof; and
(E) to such other persons as the Director of National Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community and other appropriate entities.
**(b) Access to intelligence** Unless otherwise directed by the President, the Director of National Intelligence shall have access to all national intelligence and intelligence related to the national security which is collected by any Federal department, agency, or other entity, except as otherwise provided by law or, as appropriate, under guidelines agreed upon by the Attorney General and the Director of National Intelligence.
**(c) Budget authorities**
(1) With respect to budget requests and appropriations for the National Intelligence Program, the Director of National Intelligence shall—
(A) based on intelligence priorities set by the President, provide to the heads of departments containing agencies or organizations within the intelligence community, and to the heads of such agencies and organizations, guidance for developing the National Intelligence Program budget pertaining to such agencies and organizations;
(B) based on budget proposals provided to the Director of National Intelligence by the heads of agencies and organizations within the intelligen
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3030
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