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5 U.S.C. § 3594 — Guaranteed placement in other personnel systems

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3594 — Guaranteed placement in other personnel systems

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Stable record: federal_law:legal_authorities:record_usc_013200d79a88f6b251c3641e
Source file: Laws/federal/codes/united-states-code/title-5/section-3594-guaranteed-placement-in-other-personnel-systems--83e202a671.md
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Source location: Title 5, Chapter 35, § 3594; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. **(b)** A career appointee who has completed the probationary period under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595/b&num=0&edition=prelim); shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. **(c)** (1) For purposes of subsections (a) and (b) of this section— (A) the position in which any career appointee is placed under such subsections shall be a continuing position at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the appointment held in the position from which the career appointee was appointed; (B) any career appointee placed under subsection (a) or (b) of this section shall be entitled to receive basic pay at the highest of— (i) the rate of basic pay in effect for the position in which placed; (ii) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or (iii) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and (C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee. (2) An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the employee is placed.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3131 — The Senior Executive Service

It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to— (1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives; (2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals); (3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them; (4) recognize exceptional accomplishment; (5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission; (6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons; (7) protect senior executives from arbitrary or capricious actions; (8) provide for program continuity and policy advocacy in the management of public programs; (9) maintain a merit personnel system free of prohibited personnel practices; (10) ensure accountability for honest, economical, and efficient Government; (11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3131

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3393 — Career appointments

**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from— (1) all groups of qualified individuals within the civil service; or (2) all groups of qualified individuals whether or not within the civil service. **(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including— (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and (2) making written recommendations to the appropriate appointing authority concerning such candidates. **(c)** (1) 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. (2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3151 — The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service

**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall— (1) meet the requirements set forth in section 3131 for the Senior Executive Service; (2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2); (3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; (4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43; (5) provide for— (A) removal consistent with section 3592; (B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken; (C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out; (D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5301 — Policy

It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— (1) there be equal pay for substantially equal work within each local pay area; (2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; (3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and (4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3594 — Guaranteed placement in other personnel

Page 458 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3594 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. § 3594. Guaranteed placement in other personnel systems (a) A career appointee who was appointed from a civil service position held under a career or ca- reer-conditional appointment (or an appoint- ment 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 Ex- ecutive Service during the probationary period under section 3393(d) of this title, shall be enti- tled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. (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. (c)(1) For purposes of subsections (a) and (b) of this section— (A) the position in which any career ap- pointee is placed under such subsections shall be a continuing position at GS–15 of the Gen- eral Schedule or classified above GS–15 pursu- ant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3594

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