5 U.S.C. § 3385 — Effect on other authority

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 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. SUBCHAPTER VIII—APPOINTMENT, RE- ASSIGNMENT, TRANSFER, AND DEVELOP- MENT IN THE SENIOR EXECUTIVE SERV- ICE Editorial Notes PRIOR PROVISIONS A prior subchapter VIII, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to part-time career employment opportunities, was redesignated as chapter 34 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(A), Oct. 13, 1978, 92 Stat. 1226. § 3391. Definitions For the purpose of this subchapter, ‘‘agency’’, ‘‘Senior Executive Service position’’, ‘‘senior ex- ecutive’’, ‘‘career appointee’’, ‘‘limited term ap- pointee’’, ‘‘limited emergency appointee’’, ‘‘non- career appointee’’, and ‘‘general position’’ have the meanings set forth in section 3132(a) of this title. (Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1161.) Editorial Notes PRIOR PROVISIONS A prior section 3391, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1056, which related to definitions for part-time career employment opportunities, was re- numbered as section 3401 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. § 3392. General appointment provisions (a) Qualification standards shall be established by the head of each agency for each Senior Exec- utive Service position in the agency— (1) in accordance with requirements estab- lished 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 Ex- ecutive Service positions authorized under sec- tion 3133 of this title may at any time be filled by individuals who did not have 5 years of cur- rent continuous service in the civil service im- mediately preceding their initial appointment to the Senior Executive Service, unless the President certifies to the Congress that the lim- itation would hinder the efficiency of the Gov- ernment. 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 execu- tive 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 pay- able 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 con- tinue 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