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5 U.S.C. § 3395 — Reassignment and transfer within the Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A career appointee in an agency—
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
(B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers.
(2)
(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
(B)
(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless—
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and
(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.
(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.
**(b)**
(1) Notwithstanding [section 3394(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394/b&num=0&edition=prelim), a limited emergency appointee may be reassigned to another Senior Executive Service position in the same age
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Stable record: federal_law:legal_authorities:record_usc_31b5e8fb9714b383de6f1958
Source file: Laws/federal/codes/united-states-code/title-5/section-3395-reassignment-and-transfer-within-the-senior-executive-service--b68fcce028.md
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Passage SHA-256: 0c939024e06170c33faa6fca6f0d8cbabb80a718dd7ba6d064a6a70e9e197fc5
Source location: Title 5, Chapter 33, § 3395; chapter-033-examination-selection-and-placement.md
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**(a)**
(1) A career appointee in an agency—
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
(B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers.
(2)
(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
(B)
(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless—
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and
(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.
(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.
**(b)**
(1) Notwithstanding [section 3394(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394/b&num=0&edition=prelim), a limited emergency appointee may be reassigned to another Senior Executive Service position in the same agency established to meet a bona fide, unanticipated, urgent need, except that the appointee may not serve in one or more positions in such agency under such appointment in excess of 18 months.
(2) Notwithstanding [section 3394(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3394/b&num=0&edition=prelim), a limited term appointee may be reassigned to another Senior Executive Service position in the same agency the duties of which will expire at the end of a term of 3 years or less, except that the appointee may not serve in one or more positions in the agency under such appointment in excess of 3 years.
**(c)** A limited term appointee or a limited emergency appointee may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual has served more than 36 months, in the aggregate, under any combination of such types of appointment.
**(d)** A noncareer appointee in an agency—
(1) may be reassigned to any general position in the agency for which the appointee is qualified; and
(2) may transfer to a general position in another agency with the approval of the agency to which the appointee transfers.
**(e)**
(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily reassigned—
(A) within 120 days after an appointment of the head of the agency; or
(B) within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who—
(i) is a noncareer appointee; and
(ii) has the authority to make an initial appraisal of the career appointee’s performance under subchapter II of chapter 43.
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any reassignment under [section 4314(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4314/b/3&num=0&edition=prelim); or
(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection.
(3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other temporary assignment apart from such appointee’s regular position shall not be counted in determining the number of days that have elapsed since an appointment referred to in subparagraph (A) or (B) of such paragraph.
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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)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
(1) all groups of qualified individuals within the civil service; or
(2) all groups of qualified individuals whether or not within the civil service.
**(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
**(c)**
(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If, on the date of enactment of this chapter, there is in effect with respect to positions within an agency a collective-bargaining agreement which establishes the number of hours of employment a week, then this chapter shall not apply to those positions.
**(b)** This chapter shall not require part-time career employment in positions the rate of basic pay for which is fixed at a rate equal to or greater than the minimum rate payable under section 5376.
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Federal law — U.S. Code and appendices · legal_authorities
Page 439
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3395
this section possess the necessary qualifications and
experience for the position to which appointed.
‘‘(c) LIMITATION.—The total number of appointments
made under this section in any year may not exceed 50
appointments.
‘‘(d) REPORTS.—
‘‘(1) INITIAL REPORT.—Not later than one year after
the date of the enactment of this Act [Aug. 13, 2018],
the Secretary shall submit to the committees of Con-
gress and official specified in paragraph (4) a report
on the number and type of appointments made under
this section as of the date of the report, including—
‘‘(A) a description of the qualifications of the in-
dividuals appointed; and
‘‘(B) data on the time required to appoint the in-
dividuals.
‘‘(2) FINAL REPORT.—Not later than two years after
the date of the enactment of this Act, the Secretary
shall submit to the committees of Congress and offi-
cial specified in paragraph (4) a report on the use of
the authority in this section. The report shall include
the following:
‘‘(A) The number and type of appointments made
under this section during the one-year period end-
ing on the date of the report.
‘‘(B) Data on and an assessment whether appoint-
ments under the authority in this section reduced
the time to hire when compared with the time to
hire under the current review system of the Office
of Personnel Management.
‘‘(C) An assessment of the utility of the appoint-
ment authority and process under this section.
‘‘(D) An assessment whether the appointments
made under this section resulted in higher quality
new executives for the Senior Executive Service of
the Department when compared with the executives
produced under the current review system of the
Office of Personnel Management.
‘‘(E
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