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5 U.S.C. § 2101a — The Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_941148449a62f593166d8e41
Source file: Laws/federal/codes/united-states-code/title-5/section-2101a-the-senior-executive-service--ffdabe9d11.md
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Passage SHA-256: 5d3f26244539d14dfbb107844172bfefbda3fd56e25f9a17dd0ad9ed17671946
Source location: Title 5, Chapter 21, § 2101a; chapter-021-definitions.md
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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
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) General Authority.—**
(1) The Secretary of Defense may—
(A) establish, as positions in the excepted service, such qualified positions in the Department of Defense as the Secretary determines necessary to carry out the responsibilities of the United States Cyber Command, including—
(i) positions held by staff of the headquarters of the United States Cyber Command;
(ii) positions held by elements of the United States Cyber Command enterprise relating to cyberspace operations, including elements assigned to the Joint Task Force-Department of Defense Information Networks;
(iii) positions held by elements of the military departments supporting the United States Cyber Command;
(iv) positions held in combatant commands, defense agencies, and field activities supporting the United States Cyber Command; and
(v) up to 500 positions not otherwise described in clauses (i) through (iv) that the Secretary determines are hard-to-fill, highly skilled positions critical to cyberspace planning and operations in defense of, and which advance, U.S. national interests in collaboration with domestic and international partners.
(B) appoint an individual to a qualified position (after taking into consideration the availability of preference eligibles for appointment to the position); and
(C) subject to the requirements of subsections (b) and (c), fix the compensation of an individual for service in a qualified position.
(2) The authority of the Secretary under this subsection applies without regard to the provisions of any other law relating to the appointment, number, classification, or compensation of employees.
**(b) Rates of Pay.—** The Secretary—
(1) consistent with paragraph (2), shall fix the rates of basic pay for employees appointed under su
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599f
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
(2) **Collective bargaining agreement** — The term “collective bargaining agreement” has the meaning given that term in [section 7103(a)(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/a/8&num=0&edition=prelim).
(3) **Excepted service** — The term “excepted service” has the meaning given that term in [section 2103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2103&num=0&edition=prelim).
(4) **Preference eligible** — The term “preference eligible” has the meaning given that term in [section 2108 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108&num=0&edition=prelim).
(5) **Qualified position** — The term “qualified position” means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity.
(6) **Senior Executive Service** — The term “Senior Executive Service” has the meaning given that term in [section 2101a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101a&num=0&edition=prelim).
**(b) General authority**
(1) **Establish positions, appoint personnel, and fix rates of pay**
(A) *General authority* — The Secretary may—
(i) establish, as positions in the excepted service, such qualified p
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 665a
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Federal law — U.S. Code and appendices · legal_authorities
Page 300
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 2101a
United States, except positions in the uni-
formed services;
(2) ‘‘armed forces’’ means the Army, Navy,
Air Force, Marine Corps, Space Force, and
Coast Guard; and
(3) ‘‘uniformed services’’ means the armed
forces, the commissioned corps of the Public
Health Service, and the commissioned corps of
the National Oceanic and Atmospheric Admin-
istration.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 408; Pub. L.
90–83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L.
96–54, § 2(a)(4), Aug. 14, 1979, 93 Stat. 381; Pub. L.
116–283, div. A, title IX, § 927(a), Jan. 1, 2021, 134
Stat. 3831.)
HISTORICAL AND REVISION NOTES
1966 ACT
The section is supplied to establish basis of reference
to employees in this title.
1967 ACT
This section amends various sections [§§ 2101, 4102,
4109, 5541, 8101] of title 5, United States Code, to reflect
1965 Reorganization Plan No. 2 (79 Stat. 1318), effective
July 13, 1965, which consolidated the Coast and Geo-
detic Survey and the Weather Bureau to form a new
agency in the Department of Commerce to be known as
the Environmental Science Services Administration.
Editorial Notes
AMENDMENTS
2021—Par. (2). Pub. L. 116–283 inserted ‘‘Space Force,’’
after ‘‘Marine Corps’’.
1979—Par. (3). Pub. L. 96–54 substituted ‘‘National
Oceanic and Atmospheric’’ for ‘‘Environmental Science
Services’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–339, § 1, Oct. 31, 1998, 112 Stat. 3182, pro-
vided that: ‘‘This Act [enacting sections 3330a to 3330c
of this title, section 13
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 2101a
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