Page:United States Statutes at Large Volume 92 Part 1.djvu/1209

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1155

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) protexit senior executives from arbitrary or capricious actions; "(8) provide for program continuity and policy advocacy in the management of public programs; n,. / p/^ "(9) maintain a merit personnel system free of prohibited personnel practices: "(10) ensure accountability for honest, economical, and efficent 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 interes*^ 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. «§ 3132. Definitions and exclusions 5 USC 3132. "(a) For the purpose of this subchapter— "(1) 'agency' means an Executive agency, except a Government corporation and the General Accounting Office, but does not include— "(A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or "(B) the Federal Bureau of TnvevStigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, as determined by the President, an Executive agency, or unit thereof, whose principal function

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is the conduct of foreign intelligence or counterintelligence activities;