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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

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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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 effectiveness of the amendments made by this section shall be subject to section 415(b) of the Civil Service Reform Act of 1978 [Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1154] (5 U.S.C. 3131 note) to the same extent and manner as the amendments made by title IV of that Act.’’ § 3595a. Furlough in the Senior Executive Serv- ice (a) For the purposes of this section, ‘‘fur- lough’’ means the placement of a senior execu- tive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insuffi- cient work or funds or for other nondisciplinary reasons. (b) An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management. (c) A career appointee who is furloughed is en- titled to appeal to the Merit Systems Protection Board under section 7701 of this title. (Added Pub. L. 98–615, title III, § 306(c)(1), Nov. 8, 1984, 98 Stat. 3220.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as an Effective Date of 1984 Amendment note under section 3393 of this title. § 3596. Regulations The Office of Personnel Management shall pre- scribe regulations to carry out the purpose of this subchapter. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1167, § 3595; renumbered § 3596, Pub. L. 97–35, title XVII, § 1704(a)(1), Aug. 13, 1981, 95 Stat. 756.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 renumbered section 3596 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 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. SUBCHAPTER VI—REEMPLOYMENT FOL- LOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE § 3597. Reemployment following limited appoint- ment in the Foreign Service An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under sec- tion 309 of the Foreign Service Act of 1980 is en- titled, upon the expiration of that appointment, to be reemployed in that employee’s former po- sition or in a corresponding or higher position in that agency. Upon reemployment under this sec- tion, an employee shall be entitled to any with- in-grade increases in pay which the employee would have received if the employee had re- mained in the former position in the agency. (Added Pub. L. 96–465, title II, § 2301(a), Oct. 17, 1980, 94 Stat. 2164.) Editorial Notes REFERENCES IN TEXT Section 309 of the Foreign Service Act of 1980, re- ferred to in text, is classified to section 3949 of Title 22, Foreign Relations and Intercourse. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of Title 22, Foreign Relations and Intercourse. SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FED- ERAL BUREAU OF INVESTIGATION Editorial Notes CODIFICATION Pub. L. 108–447, div. B, title I, § 114(a), Dec. 8, 2004, 118 Stat. 2869, and Pub. L. 108–458, title II, § 2004(a), Dec. 17, 2004, 118 Stat. 3704, amended chapter identically adding subchapter VII heading. § 3598.1 Federal Bureau of Investigation Reserve Service (a) ESTABLISHMENT.—The Director of the Fed- eral Bureau of Investigation may provide for the establishment and training of a Federal Bureau

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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. § 3131 — The Senior Executive Service

Page 346 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3131 (g) REGULATIONS.—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administra- tion of this section. (h) REPORTING.— (1) IN GENERAL.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to— (A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and (B) the Director that contains data that the Director considers necessary for the Di- rector to assess the impact and effectiveness of the authority described in subparagraph (A). (2) CONTENT.—The head of an agency shall include in each report under paragraph (1)— (A) the total number of individuals ap- pointed by the agency under this section, as well as the number of such individuals who are— (i) minorities or members of other under- represented groups; or (ii) veterans; (B) recruitment sources; (C) the total number of individuals ap- pointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and (D) any additional data specified by the Director. (i) SPECIAL PROVISION REGARDING THE DEPART- MENT OF DEFENSE.— (1) AUTHORITY.—Nothing in this section shall preclude the Secretary of Defense from exer- cising any authority to appoint a post-sec- ondary student under section 1106 of the Na- tional Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any ap- plicable successor st

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3131

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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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