5 U.S.C. § 3584 — Regulations

Page 455 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3584 fer. The period of separation caused by his employment with the international organization and the period nec- essary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. On reemployment, he is entitled to be paid, under such regulations as the President may prescribe and from appropriations or funds of the agency from which transferred, an amount equal to the difference between the pay, allowances, post differential, and other monetary benefits paid by the international orga- nization and the pay, allowances, post differential, and other monetary benefits that would have been paid by the agency had he been detailed to the international organization under section 3343 of this title. Such a payment shall be made to an employee who is unable to exercise his reemployment right because of disability incurred while on transfer to an international organiza- tion under this subchapter and, in the case of any em- ployee who dies while on such a transfer or during the period after separation from the international organi- zation in which he is properly exercising or could exer- cise his reemployment right, in accordance with sub- chapter VIII of chapter 55 of this title. This subsection does not apply to a congressional employee nor may any payment provided for in the preceding two sen- tences of this subsection be based on a period of em- ployment with an international organization occurring before the first day of the first pay period which begins after December 29, 1969.’’ 1975—Subsec. (b). Pub. L. 94–183 substituted ‘‘after De- cember 29, 1969’’ for ‘‘on or after the date of enactment of the Foreign Assistance Act of 1969’’ in last sentence. 1969—Subsec. (a). Pub. L. 91–175, § 502(c), inserted pro- vision at end of cl. (1) excepting from creditable serv- ice, for the purpose of any retirement system, an agen- cy employee who transfers to an international organi- zation, if such service forms the basis for an annuity or pension under the retirement system of the inter- national organization, and, in cl. (2), inserted ref- erences to chapter 89 and Employees’ Health Benefits Fund. Subsec. (b). Pub. L. 91–175, § 502(d), struck out ‘‘, except a Congressional employee,’’ in provisions pre- ceding cl. (1), substituted ‘‘5 years or any extension thereof,’’ for ‘‘3 years’’ in cl. (1), and, in provisions fol- lowing cl. (2), inserted provision dealing with pay dif- ferentials to be received by former agency employee on reemployment with agency after service with inter- national organization. Subsec. (c). Pub. L. 91–175, § 502(e), substituted ‘‘5 years, or any extension thereof,’’ for ‘‘3 years’’. Subsec. (d). Pub. L. 91–175, § 502(f), made contributions for retirement and insurance purposes mandatory by the agency from which employee is transferred, during employee’s period of service with international organi- zation, so long as contributions are made by employee. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–277, div. G, subdiv. B, title XXV, § 2504(b), Oct. 21, 1998, 112 Stat. 2681–837, provided that: ‘‘The amendment made by subsection (a) [amending this sec- tion] shall apply with respect to transfers that take ef- fect on or after the date of enactment of this Act [Oct. 21, 1998].’’ Executive Documents DELEGATION OF AUTHORITY Authority of President under subsec. (b) of this sec- tion delegated to Office of Personnel Management, and authority to define and specify pay, allowances, etc., to be paid by the agency, delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. § 3583. Computations A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congres- sional employee, at the rate at which it would have been payable had the employee continued in the position in which he was serving at the time of transfer. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 431.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2333(c). Aug. 28, 1958, Pub. L. 85–795, § 4(c), 72 Stat. 961. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 3584. Regulations The President may prescribe regulations nec- essary to carry out this subchapter and section 3343 of this title and to protect and assure the retirement, insurance, leave, and reemployment rights and such other similar civil service em- ployment rights as he finds appropriate. The regulations may provide for the exclusion of em- ployees from the application of this subchapter and section 3343 of this title on the basis of the nature and type of employment including ex- cepted appointments of a confidential or policy- determining character, or conditions pertaining to the employment including short-term ap- pointments, seasonal or intermittent employ- ment, and part-time employment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 431.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2334. Aug. 28, 1958, Pub. L. 85–795, § 5, 72 Stat. 961. The words ‘‘civil service employment rights’’ are sub- stituted for ‘‘Federal employment rights’’. The word ‘‘including’’ is substituted for ‘‘such as, but not limited to’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Executive Documents EXECUTIVE ORDER NO. 10804 Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated to the United States Civil Service Commis- sion the authority vested in the President by section 5 of the Federal Employees International Organization Service Act (72 Stat. 961) [now this section], was re- voked by Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out below. EX. ORD. NO. 11552. PROVIDING FOR DETAILS AND TRANS- FERS OF FEDERAL EMPLOYEES TO INTERNATIONAL OR- GANIZATIONS Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 and section 3584 of title 5 [this section], United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Leadership and coordination. The Secretary of State shall provide leadership and coordination for Page 456 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3591 the effort of the Federal Government to increase and improve its participation in international organiza- tions through transfers and details of well-qualified Federal employees, and shall develop policies, proce- dures, and programs consistent with this order to ad- vance and encourage such participation. SEC. 2. Federal agency cooperation. Each agency in the executive branch of the Federal Government shall to the maximum extent feasible and with due regard to its manpower requirements assist and encourage details and transfers of employees to international organiza- tions by observing the following policies and proce- dures: (1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employ- ees whose abilities and levels of responsibility in the Federal service are commensurate with those required to fill such vacancies. (2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a max- imum of three days for interview for a proposed detail or transfer at the formal request of an international or- ganization of a Federal official; an agency may approve official travel for necessary travel within the United States in connection with such an interview. (3) An agency, upon request of an appropriate author- ity, shall provide international organizations with de- tailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific posi- tions. (4) Upon return of an employee to his agency, the agency shall give due consideration to the employee’s overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed. SEC. 3. Delegations. (a) Except as otherwise provided in this order, there is hereby delegated to the Office of Personnel Management the authority vested in the President by sections 3582(b) and 3584 of title 5, United States Code. (b) The following are hereby delegated to the Sec- retary of State: (1) The authority vested in the President by sections 3343 and 3581 of title 5, United States Code, to deter- mine whether it is in the national interest to extend a detail or transfer of an employee beyond five years. (2) The authority vested in the President by section 3582(b) of title 5, United States Code, to define and specify ‘‘pay, allowances, post differential, and other monetary benefits’’ to be paid by the agency upon re- employment, disability, or death. SEC. 4. Revocation. Executive Order No. 10804 of Feb- ruary 12, 1959, is hereby revoked. SUBCHAPTER V—REMOVAL, REINSTATE- MENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE § 3591. Definitions For the purpose of this subchapter, ‘‘agency’’, ‘‘Senior Executive Service position’’, ‘‘senior ex- ecutive’’, ‘‘career appointee’’, ‘‘limited term ap- pointee’’, ‘‘limited emergency appointee’’, ‘‘non- career appointee’’, and ‘‘general position’’ have the meanings set forth in section 3132(a) of this title. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165.) 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. § 3592. Removal from the Senior Executive Serv- ice (a) Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service— (1) during the 1-year period of probation under section 3393(d) of this title, or (2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title, except that in the case of a removal under para- graph (2) of this subsection the career appointee shall, at least 15 days before the removal, be en- titled, upon request, to an informal hearing be- fore an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under section 7701 of this title, nor need the removal action be delayed as a result of the granting of such hearing. (b)(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed— (A) within 120 days after an appointment of the head of the agency; or (B) within 120 days after the appointment in the agency of the career appointee’s most im- mediate supervisor who— (i) is a noncareer appointee; and (ii) has the authority to remove the career appointee. (2) Paragraph (1) of this subsection does not apply with respect to— (A) any removal under section 4314(b)(3) of this title; or (B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection. (c) A limited emergency appointee, limited term appointee, or noncareer appointee may be removed from the service at any time. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165; amended Pub. L. 101–194, title V, § 506(b)(3), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 107–296, title XIII, § 1321(a)(2)(A), Nov. 25, 2002, 116 Stat. 2297.) Editorial Notes AMENDMENTS 2002—Subsec. (a). Pub. L. 107–296, § 1321(a)(2)(A)(iv), struck out last sentence which read as follows: ‘‘In the case of a removal under paragraph (3) of this sub- section, the career appointee shall have the right to ap- peal the removal from the Senior Executive Service to the Merit Systems Protection Board under section 7701.’’ Subsec. (a)(1). Pub. L. 107–296, § 1321(a)(2)(A)(i), in- serted ‘‘or’’ at end. Subsec. (a)(2). Pub. L. 107–296, § 1321(a)(2)(A)(ii), struck out ‘‘or’’ at end. Subsec. (a)(3). Pub. L. 107–296, § 1321(a)(2)(A)(iii), struck out par. (3) which read as follows: ‘‘if the career appointee is not recertified as a senior executive under section 3393a,’’. 1989—Subsec. (a). Pub. L. 101–194, § 506(b)(3)(D), in- serted at end ‘‘In the case of a removal under paragraph