5 U.S. Code § 3395 - Reassignment and transfer within the Senior Executive Service
(1) A career appointee in an agency—
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee’s commuting area unless—
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and
(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 bona 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
(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily reassigned—
(2) Paragraph (1) of this subsection does not apply with respect to—
(3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other temporary assignment apart from such appointee’s regular position shall not be counted in determining the number of days that have elapsed since an appointment referred to in subparagraph (A) or (B) of such paragraph.
Source(Added Pub. L. 95–454, title IV, § 403(a),Oct. 13, 1978, 92 Stat. 1163; amended Pub. L. 98–615, title III, § 304(a),Nov. 8, 1984, 98 Stat. 3218; Pub. L. 102–175, § 3,Dec. 2, 1991, 105 Stat. 1222.)
A prior section 3395, added Pub. L. 95–437, § 3(a),Oct. 10, 1978, 92 Stat. 1057, which related to nonapplicability of part-time career employment opportunities program was renumbered as section 3405 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B),Oct. 13, 1978, 92 Stat. 1226.
1991—Subsec. (e)(1)(B)(ii). Pub. L. 102–175, § 3(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “has the authority to reassign the career appointee.”
Subsec. (e)(3). Pub. L. 102–175, § 3(2), added par. (3).
1984—Subsec. (a)(2). Pub. L. 98–615designated existing provisions as subpar. (A), inserted exception relating to subpar. (B), and added subpar. (B).
Effective Date of 1984 Amendment