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5 U.S.C. § 3393a — Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees.
#### Effective Date of Repeal
Repeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under [section 101 of Title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim), Domestic Security.
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Stable record: federal_law:legal_authorities:record_usc_fea233387ddd03ec7f8fe124
Source file: Laws/federal/codes/united-states-code/title-5/section-3393a-repealed-pub-l-107296-title-xiii-1321-a-1-b-nov-25-2002-116-stat-2296--17b11403bb.md
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Passage SHA-256: acc856e788caa0e74cb05f51dc25a5acf1663a12ee33c73b77060800ff9babb2
Source location: Title 5, Chapter 33, § 3393a; chapter-033-examination-selection-and-placement.md
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### Statutory Notes
Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees.
#### Effective Date of Repeal
Repeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under [section 101 of Title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim), Domestic Security.
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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) Salary class** Appointment to the Senior Foreign Service shall be to a salary class established under [section 3962 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3962&num=0&edition=prelim), and not to a position.
**(b) Limited appointment** An individual may not be given a limited appointment in the Senior Foreign Service if that appointment would cause the number of members of the Senior Foreign Service serving under limited appointments to exceed 5 percent of the total number of members of the Senior Foreign Service, except that (1) members of the Senior Foreign Service assigned to the Peace Corps shall be excluded in the calculation and application of this limitation, and (2) members of the Senior Foreign Service serving under limited appointments with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as career appointees in the Senior Executive Service shall be considered to be career members of the Senior Foreign Service for purposes of this subsection.
**(c) Appointments by Secretary of Commerce**
(1) Appointments to the Senior Foreign Service by the Secretary of Commerce shall be excluded in the calculation and application of the limitation in subsection (b).
(2) Except as provided in paragraph (3), no more than one individual (other than an individual with reemployment rights under [section 3950 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3950&num=0&edition=prelim) as a career appointee in the Senior Executive Service) may serve under a limited appointment in the Senior Foreign Service in the Department of Commerce at any time.
(3) The Secretary of Commer
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3945
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 101
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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)** 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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; applicable personnel provisions**
(1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall—
(A) meet the requirements set forth in [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim) for the Senior Executive Service;
(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title;
(C) provide, without regard to section 2,11 See References in Text note below. rates of pay for the Senior Cryptologic 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 of such title, 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;
(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title;
(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee);
(F) permit the payment of performance awards to members of
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3610
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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
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3393a
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