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5 U.S.C. § 3393 — Career appointments
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
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Stable record: federal_law:legal_authorities:record_usc_68fce3a207b571fce4082195
Source file: Laws/federal/codes/united-states-code/title-5/section-3393-career-appointments--49f048b1e2.md
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Source location: Title 5, Chapter 33, § 3393; chapter-033-examination-selection-and-placement.md
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**(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 appointment of career appointees. The criteria shall provide for—
(A) consideration of demonstrated executive experience;
(B) consideration of successful participation in a career executive development program which is approved by the Office; and
(C) sufficient flexibility to allow for the appointment of individuals who have special or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment.
**(d)** An individual’s initial appointment as a career appointee shall become final only after the individual has served a 1-year probationary period as a career appointee.
**(e)** Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority.
**(f)** The title of each career reserved position shall be published in the Federal Register.
**(g)** A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of sections 1215,,11 So in original. 3592, 3595, 7532, or 7543 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201
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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)** An agency shall not abolish any position occupied by an employee in order to make the duties of such position available to be performed on a part-time career employment basis.
**(b)** Any person who is employed on a full-time basis in an agency shall not be required to accept part-time employment as a condition of continued employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3403
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding subsection (f) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim), the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1599e
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall—
(1) meet the requirements set forth in section 3131 for the Senior Executive Service;
(2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2);
(3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43;
(5) provide for—
(A) removal consistent with section 3592;
(B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken;
(C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out;
(D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this section, “furlough” means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
**(b)** An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
**(c)** A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3595a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title.
**(b)**
(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim).
(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Execut
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3595
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3395
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A former career appointee may be reinstated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if—
(1) the appointee has successfully completed the probationary period established under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim); and
(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under subchapter II of chapter 43.
**(b)** A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment.
**(c)**
(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under [section 3595 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim) before October 1, 1984, due to a reduction in force in that agency;
(C) before the removal occurred, the appointee successfully completed the probationary period established under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3593
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