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

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

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

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Source file: Laws/federal/codes/united-states-code/title-5/section-3595-reduction-in-force-in-the-senior-executive-service--c14a7fcfb1.md
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Source location: Title 5, Chapter 35, § 3595; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md

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**(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 Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B). (5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B). **(c)** A career appointee is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim) whether the reduction in force complies with the competitive procedures required under subsection (a). **(d)** For purposes of this section, “reduction in force” includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor. **(e)** The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under [section 3503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3503&num=0&edition=prelim) in the event of such a transfer.

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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. § 7701 — Appellate procedures

**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right— (1) to a hearing for which a transcript will be kept; and (2) to be represented by an attorney or other representative. Appeals shall be processed in accordance with regulations prescribed by the Board. **(b)** (1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management. (2) (A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless— (i) the deciding official determines that the granting of such relief is not appropriate; or (ii) (I) the relief granted in the decision prov

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701

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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. § 3596 — Regulations

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. § 3503 — Transfer of functions

**(a)** When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position. **(b)** When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.

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

42 U.S.C. § 7238 — Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force

**(a) Definitions** (1) For the purposes of this section, the term “agency” means the United States Department of Energy. (2) For the purposes of this section, the term “eligible employee” means any employee of the agency who— (A) is scheduled to be separated from service due to a reduction in force under— (i) regulations prescribed under [section 3502 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or (ii) procedures established under [section 3595 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim); or (B) is separated from service due to such a reduction in force, but does not include— (i) an employee separated from service for cause on charges of misconduct or delinquency; or (ii) an employee who, at the time of separation, meets the age and service requirements for an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5. **(b) Priority placement and retraining program** Not later than 30 days after September 30, 1996, the United States Department of Energy shall establish an agency-wide priority placement and retraining program for eligible employees. **(c) Filling vacancy from outside agency** The priority placement program established under subsection (b) shall include provisions under which a vacant position shall not be filled by the appointment or transfer of any individual from outside of the agency if— (1) there is then available any eligible employee who applies for the position within 30 days of the agency issuing a job announcement and is qualified (or can be trained or retrained to become qualified within 90 days of assuming the position) for the position; and (2) the pos

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7238

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

5 U.S.C. § 3593 — Reinstatement in the Senior Executive Service

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim); 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. **(b)** A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment. **(c)** (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=gr

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3593

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

5 U.S.C. § 7542 — Actions covered

This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under [section 1215 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1215&num=0&edition=prelim), to a suspension or removal under [section 7532 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7532&num=0&edition=prelim), or to a removal under section 3592 or 3595 of this title.

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

5 U.S.C. § 7543 — Cause and procedure

**(a)** Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. **(b)** An employee against whom an action covered by this subchapter is proposed is entitled to— (1) at least 30 days’ advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action; (2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; (3) be represented by an attorney or other representative; and (4) a written decision and specific reasons therefor at the earliest practicable date. **(c)** An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section. **(d)** An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim). **(e)** Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the

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

5 U.S.C. § 3595 — Reduction in force in the Senior Execu-

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

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