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5 U.S.C. § 3596 — Regulations

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

5 U.S.C. § 3596 — Regulations

The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

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Source file: Laws/federal/codes/united-states-code/title-5/section-3596-regulations--74658f66a6.md
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Source location: Title 5, Chapter 35, § 3596; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md

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The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.

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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

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

5 U.S.C. § 3595 — Reduction in force in the Senior Executive Service

**(a)** An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title. **(b)** (1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim). (2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency. (3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency— (A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or (B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position. The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement. (4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Execut

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

5 U.S.C. § 3596 — Regulations

Page 460 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3595a 1 Another section 3598 is set out after this section. ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 15, 1982]. ‘‘(2) The amendments made by this section [amending this section] shall apply to an individual who is a ca- reer appointee on or after September 30, 1982, except that any individual who is a career appointee on Sep- tember 30, 1982, and who is described in section 3595(b)(3) of title 5, United States Code, may not be re- moved before December 15, 1982, due to a reduction in force, unless the removal is under section 3595(b)(4)(A) of such title on the grounds the individual declined a reasonable placement offer.’’ EFFECTIVE DATE Pub. L. 97–35, title XVII, § 1704(e), Aug. 13, 1981, 95 Stat. 758, provided that: ‘‘(1) Subject to paragraph (2), the amendments made by this section [enacting this section, redesignating former section 3595 as section 3596 of this title, and amending sections 3393, 3593, 7542, and 7543 of this title] shall be effective as of June 1, 1981. ‘‘(2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section [Aug. 13, 1981] if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the Agency in which the appointee was em- ployed. ‘‘(B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the en- actment of this Act [Aug. 13, 1981]. ‘‘(3) The eff

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