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5 U.S.C. § 9806 — Term appointments

submitted 22 years ago by Pub. L. 108-201 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 308 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administrator may make term appointments in the Administration lasting from 1 to 6 years. Under specified conditions, the Administrator may convert a term employee to a permanent competitive-service appointment, either without another competition or through internal competitive promotion procedures.

(a) The Administrator may authorize term appointments within the Administration under subchapter I of chapter 33. Each appointment must last at least 1 year and no more than 6 years. (b) Despite chapter 33 or any other law about examining, certifying, and appointing people in the competitive service, the Administrator may convert a term employee to a permanent competitive-service appointment within the Administration without another competition if—(1) the person was appointed to the term position through an open, competitive examination under subchapter I of chapter 33; (2) the announcement for the term appointment said that it might later be converted to a career-conditional or career appointment; (3) the employee has completed at least 2 years of current, continuous service under a competitive-service term appointment; (4) the employee’s performance under that appointment was at least fully successful or equivalent; and (5) the new position is in the same occupational series, the same geographic location, and has no greater promotion potential than the term position for which the competitive examination was held. (c) Despite chapter 33 or any other law about examining, certifying, and appointing people in the competitive service, the Administrator may convert a term employee to a permanent competitive-service appointment through internal competitive promotion procedures if the conditions in paragraphs (1) through (4) of subsection (b) are met. (d) An employee converted under this section becomes a career-conditional employee unless the employee has already completed the service requirements for career tenure. (e) An employee converted to career or career-conditional employment under this section obtains competitive status when converted.

the actual law source: uscode.house.gov ↗public domain
(a)

The Administrator may authorize term appointments within the Administration under subchapter I of chapter 33, for a period of not less than 1 year and not more than 6 years.

(b)

Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if—

(1)

such individual was appointed under open, competitive examination under subchapter I of chapter 33 to the term position;

(2)

the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment;

(3)

the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service;

(4)

the employee’s performance under such term appointment was at least fully successful or equivalent; and

(5)

the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted.

(c)

Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under paragraphs (1) through (4) of subsection (b) are met.

(d)

An employee converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure.

(e)

An employee converted to career or career-conditional employment under this section acquires competitive status upon conversion.

Source credit: (Added Pub. L. 108–201, § 3(a), Feb. 24, 2004, 118 Stat. 466.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-201 · 118 Stat. 466

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-201 on 2004-02-24.

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