Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency—
in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
after consultation with the Office, with respect to standards for general positions.
section 3133 of this title Not more than 30 percent of the Senior Executive Service positions authorized under 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.
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—
to the extent provided under regulations prescribed by the Office, and
so long as the appointee continues to serve under such Presidential appointment.
An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch—
which is not in the Senior Executive Service; and
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.
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.
Pub. L. 95–454, title IV, § 403(a)92 Stat. 1161Pub. L. 101–335, § 7(a)104 Stat. 325(Added , , ; amended , , .)
Editorial Notes
References in Text
The Executive Schedule, referred to in subsec. (c), is set out as section 5311 et seq. of this title.
Prior Provisions
Pub. L. 95–437, § 3(a)92 Stat. 1056section 3402 of this titlePub. L. 95–454, title IX, § 906(c)(1)(B)92 Stat. 1226A prior section 3392, added , , , which related to the establishment of part-time career employment programs, was renumbered as by , , .
Amendments
Pub. L. 101–3351990—Subsec. (c). designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–335, § 7(b)(1)104 Stat. 325
“The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [].”
, , , provided that:
Effective Date
Pub. L. 95–454Pub. L. 95–454section 3131 of this titleSection effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see section 415(a)(1), (b) of , set out as an Effective Date note under .
Election by Persons Previously Appointed; Retroactive Performance Awards
Pub. L. 101–335, § 7(b)(2)104 Stat. 325Pub. L. 102–378, § 7(a)106 Stat. 1359
Election by persons previously appointed .—
section 3392(c)(2) of title 5The Office of Personnel Management shall prescribe regulations (including procedures and deadlines) under which an election under , United States Code (as amended by this section) may be made by any individual who—
on the date of enactment of this Act [], is serving in a civilian position in the executive branch which—
is not in the Senior Executive Service; and
satisfies section 3392(c)(2)(B) of such title 5 (as so amended);
was appointed to that position on or after , and has served continuously in such position since then;
was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and
was not, based on such individual’s appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect).
An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A).
Retroactive performance awards .—
section 5383 of title 5If an individual elects under paragraph (2) to continue to be subject to performance awards, the head of the agency in which such individual is serving shall determine whether to grant retroactive performance awards for any fiscal years prior to fiscal year 1991 to such individual, and the amount of any such awards, without regard to the provisions of subsection (b) of , United States Code, and subsections (b) and (c) of section 5384 of such title. Before granting an award, the head of the agency shall make a written determination that the individual’s performance during the fiscal year for which the award is given was at least fully successful, and shall consider the recommendation of the agency’s performance review board with respect to the award. No such award for performance during any fiscal year may be less than 5 percent nor more than 15 percent of the individual’s rate of basic pay as of the end of such fiscal year.”
Pub. L. 102–378, § 7(b)106 Stat. 1359
section 7(b)(3) of Pub. L. 101–335Pub. L. 101–335“The amendment made by subsection (a) [enacting , set out above] shall be effective as if enacted as a part of section 7 of the Thrift Savings Plan Technical Amendments Act of 1990 [].”
[, , , provided that:
]