
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3131]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
               SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE
 
Sec. 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, political activity, and conflicts of interest;
        (12) provide for the initial and continuing systematic 
    development of highly competent senior executives;
        (13) provide for an executive system which is guided by the 
    public interest and free from improper political interference; and
        (14) appoint career executives to fill Senior Executive Service 
    positions to the extent practicable, consistent with the effective 
    and efficient implementation of agency policies and 
    responsibilities.

(Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92 Stat. 
1154.)

                       References in Text

    The civil service laws, referred to in par. (11), are set out in 
this title. See, particularly, section 3301 et seq. of this title.


                             Effective Date

    Section 415 of title IV of Pub. L. 95-454 provided that:
    ``(a)(1) The provisions of this title, other than sections 413 and 
414(a) [enacting this subchapter and sections 2101a, 3391 to 3397, 3591 
to 3595, 4311 to 4315, 4507, 5381 to 5385, 5752, and 7541 to 7543 of 
this title, amending sections 2102, 2103, 2108, 3109, 3501, 5311, 5331, 
5504, 5541, 5595, 5723, 6304, 8336, and 8339 of this title, and enacting 
provisions set out as a note under section 5311 of this title], shall 
take effect 9 months after the date of the enactment of this Act [Oct. 
13, 1978].
    ``(2) The provisions of section 413 of this title [set out as a note 
under section 3133 of this title] shall take effect on the date of the 
enactment of this Act [Oct. 13, 1978].
    ``(3) The provisions of section 414(a) of this title [amending 
sections 3104 and 5108 of this title and enacting provisions set out as 
notes under sections 3104 and 5108 of this title] shall take effect 180 
days after the date of the enactment of this Act [Oct. 13, 1978].
    ``(b)(1) The amendments made by sections 401 through 412 of this 
title [enacting this subchapter and sections 2101a, 3391 to 3397, 3591 
to 3595, 4311 to 4315, 4507, 5381 to 5385, 5752, and 7541 to 7543 of 
this title, amending sections 2102, 2103, 2108, 3109, 3501, 5311, 5331, 
5504, 5541, 5595, 5723, 6304, 8336, and 8339 of this title] shall 
continue to have effect unless, during the first period of 60 calendar 
days of continuous session of the Congress beginning after 5 years after 
the effective date of such amendments, a concurrent resolution is 
introduced and adopted by the Congress disapproving the continuation of 
the Senior Executive Service. Such amendments shall cease to have effect 
on the first day of the first fiscal year beginning after the date of 
the adoption of such concurrent resolution.
    ``(2) The continuity of a session is broken only by an adjournment 
of the Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than 3 days to a day certain 
are excluded in the computation of the 60-day period.
    ``(3) The provisions of subsections (d), (e), (f), (g), (h), (i), 
(j), and (k) of section 5305 of title 5, United States Code, shall apply 
with respect to any concurrent resolution referred to in paragraph (1) 
of this subsection, except that for the purpose of this paragraph the 
reference in such subsection (e) to 10 calendar days shall be considered 
a reference to 30 calendar days.
    ``(4) During the 5-year period referred to in paragraph (1) of this 
subsection, the Director of the Office of Personnel Management shall 
include in each report required under section 3135 of title 5, United 
States Code (as added by this title) an evaluation of the effectiveness 
of the Senior Executive Service and the manner in which such Service is 
administered.''


   Congressional Findings Respecting Continuation of Senior Executive 
                                 Service

    Pub. L. 98-615, title III, Sec. 301, Nov. 8, 1984, 98 Stat. 3217, 
provided that: ``The Congress finds that the Senior Executive Service 
should be continued indefinitely.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 3393a of this title; 
title 10 section 1606; title 31 section 733.
