§3393. Career appointments — Inbound Citations
5 U.S.C. § 3393
Cited by 11 provisions in release 119-102.
Citations to 5 U.S.C. § 3393 as a whole
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(a) There shall be an Executive Director of the Council who shall be appointed by the Chairman with the concurrence of the Council in the competitive service at a rate within the General Schedule, in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5. The Executive Director shall report directly to the Chairman and perform such functions and duties as the Chairman may prescribe.
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(c) The Executive Director of the Council may appoint and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the Council at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5. The Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed 5 employees in the competitive service at rates that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5.
Citations to §3393(b)
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(a) A former career appointee may be reinstated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if—(1) the appointee has successfully completed the probationary period established under section 3393(d) of this title; and(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under subchapter II of chapter 43.
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(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—(A) the individual was a career appointee on May 31, 1981;(B) the appointee was removed from the Senior Executive Service under section 3595 of this title before October 1, 1984, due to a reduction in force in that agency;(C) before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and(D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title.
Citations to §3393(d)
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(1) during the 1-year period of probation under section 3393(d) of this title, or
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(1) the appointee has successfully completed the probationary period established under section 3393(d) of this title; and
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(C) before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and
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(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
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(b) A career appointee who has completed the probationary period under section 3393(d) of this title, and who—(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or(2) is removed from the Senior Executive Service under paragraph (4) or (5) of section 3595(b) of this title;shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
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(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under section 3393(d) of this title.
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(A) has completed the probationary period prescribed under section 3393(d) of this title; or