Page:United States Statutes at Large Volume 92 Part 1.djvu/1217

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1163

"§ 3395. Reassignment and transfer within the Senior Executive 5 USC 3395. Service " (a)(l) A career appointee in an agency— "(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Exe<jutiv6 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 career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives a written notice of the reassignment at least 15 days in advance of such reassignment. "(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 b(ma 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 reassign the career appointee. "(2) Paragraph (1) of this subsection does not apply with respect to— "(A) any reassignment under section 4314(b)(3) of this title; Post, p. 1169. or "(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection. "§ 3396. Development for and within the Senior Executive Service 5 USC 3396. "(a) The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive j Service and for the continuing development of senior executives, or requiio agoncios to establish such programs which meet criteria prescribed by the Office.

9-194 O—80—pt. 1

77: QU

^

i»

�