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5 U.S.C. § 3135 — Repealed.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

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5 U.S.C. § 3135 — Repealed.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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Source file: Laws/federal/codes/united-states-code/title-5/section-3135-repealed-pub-l-10466-title-ii-2181-a-1-dec-21-1995-109-stat-732--b76cede247.md
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Source location: Title 5, Chapter 31, § 3135; chapter-031-authority-for-employment.md

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

5 U.S.C. § 3135 — Untitled legal text

Page 354 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3134 § 3134. Limitations on noncareer and limited ap- pointments (a) During each calendar year, each agency shall— (1) examine its needs for employment of non- career appointees for the fiscal year beginning in the following year; and (2) submit to the Office of Personnel Man- agement, in accordance with regulations pre- scribed by the Office, a written request for au- thority to employ a specific number of non- career appointees for such fiscal year. (b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer ap- pointees in all agencies may not exceed 10 per- cent of the total number of Senior Executive Service positions in all agencies. (c) Subject to the 10 percent limitation of sub- section (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this sec- tion if emergency needs arise that were not an- ticipated when the original authorizations were made. (d) The number of Senior Executive Service positions in any agency which are filled by non- career appointees may not at any time exceed the greater of— (1) 25 percent of the total number of Senior Executive Service positions in the agency; or (2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by— (A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Fed- eral Regulations, as in effect on such date, or (B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the ad- vice and consent

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