5 U.S.C. § 3393a — Untitled legal text

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) Any recommendation for the improvement of the selection and qualification process for the Sen- ior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. ‘‘(3) ADDITIONAL REPORT.—Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comp- troller General of the United States a report on the use of the authority provided in this section. The re- port shall include the following: ‘‘(A) The number and type of appointments made under this section between August 13, 2018, and the date of the report. ‘‘(B) Data on and an assessment of whether ap- pointments under the authority in this section re- duced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. ‘‘(C) An assessment of the utility of the appoint- ment authority and process under this section. ‘‘(D) An assessment of 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 in the Department under the review sys- tem in use between August 13, 2013, and August 13, 2018. ‘‘(E) Any recommendation for the improvement of the selection and qualification process for the Sen- ior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. ‘‘(4) COMMITTEES OF CONGRESS AND OFFICIAL.—The committees of Congress and official specified in this paragraph are— ‘‘(A) the Committee on Armed Services and the Committee on Homeland Security and Govern- mental Affairs of the Senate; ‘‘(B) the Committee on Armed Services and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and ‘‘(C) the Director of the Office of Personnel Man- agement. ‘‘(e) SUNSET.—Subsection (a) shall cease to be effec- tive on September 30, 2025.’’ [§ 3393a. Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296] Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of ca- reer appointees. Statutory Notes and Related Subsidiaries 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, Domestic Security. § 3394. Noncareer and limited appointments (a) Each noncareer appointee, limited term ap- pointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the ap- pointing authority. (b) An individual may not be appointed as a limited term appointee or as a limited emer- gency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management. (Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1162.) Editorial Notes PRIOR PROVISIONS A prior section 3394, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to personnel ceil- ings, was renumbered as section 3404 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. § 3395. Reassignment and transfer within the Senior Executive Service (a)(1) A career appointee in an agency— (A) may, subject to paragraph (2) of this sub- section, 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 Serv- ice 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 re- assigned to any Senior Executive Service posi- tion only if the career appointee receives writ- ten notice of the reassignment at least 15 days before the effective date of such reassignment. (B)(i) A career appointee may not be reas- signed to a Senior Executive Service position