Federal · Title 5 — Government Organization and Employees
5 U.S.C. § 3393: Career appointments
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all groups of qualified individuals within the civil service; or all groups of qualified individuals whether or not within the civil service. reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and making written recommendations to the appropriate appointing authority concerning such candidates. 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. consideration of demonstrated executive experience; consideration of successful participation in a career executive development program which is approved by the Office; and 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. 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. Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority. The title of each career reserved position shall be published in the Federal Register. 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,, 1 3592, 3595, 7532, or 7543 of this title. 1 So in original. Notwithstanding section 3393(c) of title 5 , United States Code, or any regulations implementing that section, and subject to the provisions of this section, the Secretary of Defense may appoint individuals for service in the Senior Executive Service of the Department of Defense without such individuals being subject to the certification of executive qualifications by a qualification review board of the Office of Personnel Management in connection with such appointment otherwise required by that section. The Secretary shall ensure that individuals appointed under this section possess the necessary qualifications and experience for the position to which appointed. The total number of appointments made under this section in any year may not exceed 50 appointments. a description of the qualifications of the individuals appointed; and data on the time required to appoint the individuals. The number and type of appointments made under this section during the one-year period ending on the date of the report. Data on and an assessment whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the current review system of the Office of Personnel Management. An assessment of the utility of the appointment authority and process under this section. An assessment whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced under the current review system of the Office of Personnel Management. Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. The number and type of appointments made under this section between August 13, 2018 , and the date of the report. Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. An assessment of the utility of the appointment authority and process under this section. An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013 , and August 13, 2018 . Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Armed Services and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and the Director of the Office of Personnel Management. Subsection (a) shall cease to be effective on September 30, 2025 .”
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