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5 U.S.C. § 3392 — General appointment provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency—
(1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
(2) after consultation with the Office, with respect to standards for general positions.
**(b)** Not more than 30 percent of the Senior Executive Service positions authorized under [section 3133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3133&num=0&edition=prelim) may at any time be filled by individuals who did not have 5 years of current continuous service in the civil service immediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the limitation would hinder the efficiency of the Government. In applying the preceding sentence, any break in service of 3 days or less shall be disregarded.
**(c)**
(1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply—
(A) to the ex
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Stable record: federal_law:legal_authorities:record_usc_d7c4b9676d5b369e4c029f53
Source file: Laws/federal/codes/united-states-code/title-5/section-3392-general-appointment-provisions--f6e79b9298.md
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Source location: Title 5, Chapter 33, § 3392; chapter-033-examination-selection-and-placement.md
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**(a)** Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency—
(1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
(2) after consultation with the Office, with respect to standards for general positions.
**(b)** Not more than 30 percent of the Senior Executive Service positions authorized under [section 3133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3133&num=0&edition=prelim) may at any time be filled by individuals who did not have 5 years of current continuous service in the civil service immediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the limitation would hinder the efficiency of the Government. In applying the preceding sentence, any break in service of 3 days or less shall be disregarded.
**(c)**
(1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply—
(A) to the extent provided under regulations prescribed by the Office, and
(B) so long as the appointee continues to serve under such Presidential appointment.
(2) An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch—
(A) which is not in the Senior Executive Service; and
(B) which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule.
An election under this paragraph shall remain effective so long as the appointee continues to serve in the same position.
**(d)** Appointment or removal of a person to or from any Senior Executive Service position in an independent regulatory commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates within a range established under section 5382 shall be paid to each senior executive under such appointing authority.
**(b)** Members of the Senior Executive Service shall be subject to the limitation under section 5307.
**(c)** Except as provided in regulations prescribed by the Office under section 5385, the rate of basic pay for any senior executive may not be adjusted more than once during any 12-month period.
**(d)** The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.
**(e)**
(1) This subsection applies to—
(A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and
(B) any individual who—
(i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and
(ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.
(2)
(A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.
(B) The initial rate of pay for a career appointee following the position’s conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5383
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** During each even-numbered calendar year, each agency shall—
(1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and
(2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.
**(b)** Each agency request submitted under subsection (a) of this section shall—
(1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and
(2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions.
**(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency. Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.
**(d)**
(1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe.
(2) The total number of position
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3133
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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)**
(1) In order to promote part-time career employment opportunities in all grade levels, the head of each agency, by regulation, shall establish and maintain a program for part-time career employment within such agency. Such regulations shall provide for—
(A) the review of positions which, after such positions become vacant, may be filled on a part-time career employment basis (including the establishment of criteria to be used in identifying such positions);
(B) procedures and criteria to be used in connection with establishing or converting positions for part-time career employment, subject to the limitations of [section 3403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3403&num=0&edition=prelim);
(C) annual goals for establishing or converting positions for part-time career employment, and a timetable setting forth interim and final deadlines for achieving such goals;
(D) a continuing review and evaluation of the part-time career employment program established under such regulations; and
(E) procedures for notifying the public of vacant part-time positions in such agency, utilizing facilities and funds otherwise available to such agency for the dissemination of information.
(2) The head of each agency shall provide for communication between, and coordination of the activities of, the individuals within such agency whose responsibilities relate to the part-time career employment program established within that agency.
(3) Regulations established under paragraph (1) of this subsection may provide for such exceptions as may be necessary to carry out the mission of the agency.
**(b)**
(1) The Office of Personnel Management, by regulation, shall establish and maintain a program under which it shall, on
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3402
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certain Inspectors General.—**
(1) **In general.—** — Notwithstanding any other provision of law, the annual rate of basic pay of the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, and the Special Inspector General for Afghanistan Reconstruction shall be that of an Inspector General as defined under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim).
(2) **Prohibition of cash bonus or awards.—** — [Section 403(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/f&num=0&edition=prelim) shall apply to the Inspectors General described under paragraph (1).
**(b) Inspectors General of Designated Federal Entities.—** Notwithstanding any other provision of law, the Inspector General of each designated Federal entity (as those terms are defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim)) shall, for pay and all other purposes, be classified at a grade, level, or rank designation, as the case may be, at or above those of a majority of the senior level executives of that designated Federal entity (such as a General Counsel, Chief Information Officer, Chief Financial Officer, Chief Human Capital Officer, or Chief Acquisition Officer). The pay of an Inspector General of a designated Federal entity (as those terms are defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim)) shall be not less than the average total compensation (including bonuses) of the senior level executives of that designated Federal entity
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 423
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
**(b)**
(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall—
(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and
(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5303
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Federal law — U.S. Code and appendices · legal_authorities
Page 436
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3385
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86
Stat. 143; amended Pub. L. 96–347, § 1(b), Sept. 12,
1980, 94 Stat. 1150.)
Editorial Notes
REFERENCES IN TEXT
For definition of Secretary, referred to in text, see
section 2109 of this title.
AMENDMENTS
1980—Pub. L. 96–347 substituted ‘‘Secretary’’ for ‘‘Sec-
retary of Transportation’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–347 effective on 90th day
after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set
out as a note under section 2109 of this title.
EFFECTIVE DATE
Section effective on 90th day after May 16, 1972, see
section 10 of Pub. L. 92–297, set out as a note under sec-
tion 3381 of this title.
§ 3385. Effect on other authority
This subchapter shall not limit the authority
of the Secretary to reassign temporarily an air
traffic controller to other duties with or with-
out notice, in the interest of the safe or efficient
separation and control of air traffic or the phys-
ical or mental health of a controller; or to reas-
sign permanently or separate a controller under
any other provision of law.
(Added Pub. L. 92–297, § 3(a), May 16, 1972, 86
Stat. 143; amended Pub. L. 96–347, § 1(b), Sept. 12,
1980, 94 Stat. 1150.)
Editorial Notes
REFERENCES IN TEXT
For definition of Secretary, referred to in text, see
section 2109 of this title.
AMENDMENTS
1980—Pub. L. 96–347 substituted ‘‘Secretary’’ for ‘‘Sec-
retary of Transportation’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–347 effective on 90th day
after Sept. 12, 1980, see section 3 of Pub. L. 96–347, set
out as a note under section 2109 of this title.
EFFECTIVE
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3392
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