
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: 5USC3395]

 
             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. 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 subsection, 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 Service 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 reassigned to any Senior Executive Service 
position only if the career appointee receives written notice of the 
reassignment at least 15 days before the effective date of such 
reassignment.
    (B)(i) A career appointee may not be reassigned to a Senior 
Executive Service position outside the career appointee's commuting area 
unless--
        (I) before providing notice under subclause (II) of this clause 
    (or seeking or obtaining the consent of the career appointee under 
    clause (ii) of this subparagraph to waive such notice), the agency 
    consults with the career appointee on the reasons for, and the 
    appointee's preferences with respect to, the proposed reassignment; 
    and
        (II) the career appointee receives written notice of the 
    reassignment, including a statement of the reasons for the 
    reassignment, at least 60 days before the effective date of the 
    reassignment.

    (ii) Notice of reassignment under clause (i)(II) of this 
subparagraph may be waived with the written consent of the career 
appointee involved.
    (b)(1) Notwithstanding section 3394(b) of this title, a limited 
emergency appointee may be reassigned to another Senior Executive 
Service position in the same agency established to meet a bona fide, 
unanticipated, urgent need, except that the appointee may not serve in 
one or more positions in such agency under such appointment in excess of 
18 months.
    (2) Notwithstanding section 3394(b) of this title, a limited term 
appointee may be reassigned to another Senior Executive Service position 
in the same agency the duties of which will expire at the end of a term 
of 3 years or less, except that the appointee may not serve in one or 
more positions in the agency under such appointment in excess of 3 
years.
    (c) A limited term appointee or a limited emergency appointee may 
not be appointed to, or continue to hold, a position under such an 
appointment if, within the preceding 48 months, the individual has 
served more than 36 months, in the aggregate, under any combination of 
such types of appointment.
    (d) A noncareer appointee in an agency--
        (1) may be reassigned to any general position in the agency for 
    which the appointee is qualified; and
        (2) may transfer to a general position in another agency with 
    the approval of the agency to which the appointee transfers.

    (e)(1) Except as provided in paragraph (2) of this subsection, a 
career appointee in an agency may not be involuntarily reassigned--
        (A) within 120 days after an appointment of the head of the 
    agency; or
        (B) within 120 days after the appointment in the agency of the 
    career appointee's most immediate supervisor who--
            (i) is a noncareer appointee; and
            (ii) has the authority to make an initial appraisal of the 
        career appointee's performance under subchapter II of chapter 
        43.

    (2) Paragraph (1) of this subsection does not apply with respect 
to--
        (A) any reassignment under section 4314(b)(3) of this title; or
        (B) any disciplinary action initiated before an appointment 
    referred to in paragraph (1) of this subsection.

    (3) For the purpose of applying paragraph (1) to a career appointee, 
any days (not to exceed a total of 60) during which such career 
appointee is serving pursuant to a detail or other temporary assignment 
apart from such appointee's regular position shall not be counted in 
determining the number of days that have elapsed since an appointment 
referred to in subparagraph (A) or (B) of such paragraph.

(Added Pub. L. 95-454, title IV, Sec. 403(a), Oct. 13, 1978, 92 Stat. 
1163; amended Pub. L. 98-615, title III, Sec. 304(a), Nov. 8, 1984, 98 
Stat. 3218; Pub. L. 102-175, Sec. 3, Dec. 2, 1991, 105 Stat. 1222.)


                            Prior Provisions

    A prior section 3395, added Pub. L. 95-437, Sec. 3(a), Oct. 10, 
1978, 92 Stat. 1057, which related to nonapplicability of part-time 
career employment opportunities program was renumbered as section 3405 
of this title by Pub. L. 95-454, title IX, Sec. 906(c)(1)(B), Oct. 13, 
1978, 92 Stat. 1226.


                               Amendments

    1991--Subsec. (e)(1)(B)(ii). Pub. L. 102-175, Sec. 3(1), amended cl. 
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``has the 
authority to reassign the career appointee.''
    Subsec. (e)(3). Pub. L. 102-175, Sec. 3(2), added par. (3).
    1984--Subsec. (a)(2). Pub. L. 98-615 designated existing provisions 
as subpar. (A), inserted exception relating to subpar. (B), and added 
subpar. (B).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section 307 
of Pub. L. 98-615, set out as a note under section 3393 of this title.
