
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3393]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN 
                      THE SENIOR EXECUTIVE SERVICE
 
Sec. 3393. Career appointments

    (a) Each agency shall establish a recruitment program, in accordance 
with guidelines which shall be issued by the Office of Personnel 
Management, which provides for recruitment of career appointees from--
        (1) all groups of qualified individuals within the civil 
    service; or
        (2) all groups of qualified individuals whether or not within 
    the civil service.

    (b) Each agency shall establish one or more executive resources 
boards, as appropriate, the members of which shall be appointed by the 
head of the agency from among employees of the agency or commissioned 
officers of the uniformed services serving on active duty in such 
agency. The boards shall, in accordance with merit staffing requirements 
established by the Office, conduct the merit staffing process for career 
appointees, including--
        (1) reviewing the executive qualifications of each candidate for 
    a position to be filled by a career appointee; and
        (2) making written recommendations to the appropriate appointing 
    authority concerning such candidates.

    (c)(1) The Office shall establish one or more qualifications review 
boards, as appropriate. It is the function of the boards to certify the 
executive qualifications of candidates for initial appointment as career 
appointees in accordance with regulations prescribed by the Office. Of 
the members of each board more than one-half shall be appointed from 
among career appointees. Appointments to such boards shall be made on a 
non-partisan basis, the sole selection criterion being the professional 
knowledge of public management and knowledge of the appropriate 
occupational fields of the intended appointee.
    (2) The Office shall, in consultation with the various qualification 
review boards, prescribe criteria for establishing executive 
qualifications for appointment of career appointees. The criteria shall 
provide for--
        (A) consideration of demonstrated executive experience;
        (B) consideration of successful participation in a career 
    executive development program which is approved by the Office; and
        (C) sufficient flexibility to allow for the appointment of 
    individuals who have special or unique qualities which indicate a 
    likelihood of executive success and who would not otherwise be 
    eligible for appointment.

    (d) An individual's initial appointment as a career appointee shall 
become final only after the individual has served a 1-year probationary 
period as a career appointee.
    (e) Each career appointee shall meet the executive qualifications of 
the position to which appointed, as determined in writing by the 
appointing authority.
    (f) The title of each career reserved position shall be published in 
the Federal Register.
    (g) A career appointee may not be removed from the Senior Executive 
Service or civil service except in accordance with the applicable 
provisions of sections 1215, 3393a, 3592, 3595, 7532, or 7543 of this 
title.

(Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92 Stat. 
1161; amended Pub. L. 97-35, title XVII, Sec. 1704(c), Aug. 13, 1981, 95 
Stat. 758; Pub. L. 98-615, title III, Sec. 306(b)(1), Nov. 8, 1984, 98 
Stat. 3220; Pub. L. 101-12, Sec. 9(b), Apr. 10, 1989, 103 Stat. 35; Pub. 
L. 101-194, title V, Sec. 506(b)(2), Nov. 30, 1989, 103 Stat. 1758; Pub. 
L. 101-280, Sec. 6(d)(1), May 4, 1990, 104 Stat. 160.)


                            Prior Provisions

    A prior section 3393, added Pub. L. 95-437, Sec. 3(a), Oct. 10, 
1978, 92 Stat. 1057, which related to limitations concerning part-time 
career employment opportunities, was renumbered as section 3403 of this 
title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(B), Oct. 13, 1978, 92 
Stat. 1226.


                               Amendments

    1990--Subsec. (g). Pub. L. 101-280 made technical correction to 
directory language of Pub. L. 101-194, see 1989 Amendment below.
    1989--Subsec. (g). Pub. L. 101-194, as amended by Pub. L. 101-280, 
inserted ``3393a,'' after ``1215,''.
    Pub. L. 101-12 substituted ``1215'' for ``1207''.
    1984--Subsec. (b). Pub. L. 98-615 inserted provision referring to 
commissioned officers of the uniformed services serving on active duty 
in such agency in provisions preceding par. (1).
    1981--Subsec. (g). Pub. L. 97-35 added subsec. (g).


                    Effective Date of 1989 Amendments

    Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section 
506(d) of Pub. L. 101-194, set out as a note under section 3151 of this 
title.
    Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 
1989, see section 11 of Pub. L. 101-12, set out as a note under section 
1201 of this title.


                    Effective Date of 1984 Amendment

    Section 307 of title III of Pub. L. 98-615 provided that: ``The 
amendments made by this title [enacting section 3595a of this title, 
amending this section and sections 3135, 3593 to 3595, 4312, 5383, and 
5384 of this title, and enacting provisions set out as a note under 
section 3131 of this title] shall be effective following the expiration 
of the 90-day period beginning on the date of enactment of this Act 
[Nov. 8, 1984], except that the amendments made by section 304 [amending 
sections 3395, 3595, 7543, and 8336 of this title] shall be effective as 
of such date of enactment.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective June 1, 1981, with certain 
exceptions and conditions, see section 1704(e) of Pub. L. 97-35, set out 
as an Effective Date note under section 3595 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3393a, 3592, 3593, 3594, 
3595, 7541 of this title.
