5 U.S.C. § 3392 — General appointment provisions

(a) The head of each agency must establish qualification standards for every "Senior Executive Service position" in the agency. The section does not define "agency" or "Senior Executive Service position". The standards must— (1) follow requirements set by the Office of Personnel Management for standards for "career reserved positions"; and (2) be established after consulting the Office about standards for "general positions". The section does not define "career reserved positions", "general positions", or "the Office".

(b) At any time, no more than 30 percent of the Senior Executive Service positions authorized under section 3133 of this title may be filled by people who did not have 5 years of current, continuous service in the civil service immediately before their first appointment to the Senior Executive Service. This limit does not apply if the President certifies to Congress that the limit would hinder the Government's efficiency. When applying this rule, a break in service of 3 days or less must be disregarded. The section does not define "civil service" or "Government's efficiency".

(c)(1) If the President appoints a career appointee, with the Senate's advice and consent, to a civilian position in the executive branch that is not in the Senior Executive Service, and the basic-pay rate for that position is equal to or greater than the rate for level V of the Executive Schedule, the career appointee may elect to keep applying the provisions of this title about basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement as if the career appointee had stayed in the Senior Executive Service position from which the appointee was appointed. The appointee must make the election at the time and in the manner that the Office prescribes. The section does not define "career appointee", "civilian position", "executive branch", "basic pay", "Executive Schedule", or the listed benefits.

Those provisions apply instead of the provisions that would otherwise apply— (A) to the extent provided by regulations prescribed by the Office; and (B) for as long as the appointee continues to serve under that Presidential appointment.

(c)(2) A career appointee may also make an election under paragraph (1) if the appointee is appointed to a civilian position in the executive branch— (A) that is not in the Senior Executive Service; and (B) that is covered by the Executive Schedule, or for which the basic-pay rate is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule. An election under this paragraph remains effective for as long as the appointee continues to serve in the same position.

(d) The appointment or removal of a person to or from any Senior Executive Service position in an independent regulatory commission may not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President. The section does not define "independent regulatory commission" or "Executive Office of the President".