PUBLIC LAW 95-454—OCT. 13, 1978 EXAMINATION, CERTIFICATION, AND
92 STAT. 1161
APPOINTMENT
SEC. 403. (a) Chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: "SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE "§3391. Definitions "For the purpose of this subchapter, 'agency', 'Senior Executive Service position', 'senior executive', 'career appointee', 'limited term appointee', 'limited emergency appointee', 'noncareer appointee', and 'general position' have the meanings set forth in section 3132(a) of this title. "§3392. General appointment provisions "(a) Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency— "(1) in accordance with requirements established 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 Executive Service positions authorized under section 3133 of this title 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. "(c) 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— " (1) to the extent provided under regulations prescribed by the Office, and "(2) so long as the appointee continues to serve under such Presidential appointment. "(d) 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. «§ 3393. Career appointments " (a) Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel
5 USC 3391.
Ante, p. 1155. 5 USC 3392. Qualification standards, establishment.
^«^e, p. 1158
5 USC 5316.
5 USC 3393. Recruitment program.
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