5 U.S.C. § 3396 — Development for and within the Senior

Page 440 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3396 outside the career appointee’s commuting area unless— (I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee’s pref- erences with respect to, the proposed reassign- ment; and (II) the career appointee receives written no- tice of the reassignment, including a state- ment of the reasons for the reassignment, at least 60 days before the effective date of the reassignment. (ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee in- volved. (b)(1) Notwithstanding section 3394(b) of this title, a limited emergency appointee may be re- assigned to another Senior Executive Service position in the same agency established to meet a bona fide, unanticipated, urgent need, except that the appointee may not serve in one or more positions in such agency under such appoint- ment in excess of 18 months. (2) Notwithstanding section 3394(b) of this title, a limited term appointee may be reas- signed to another Senior Executive Service posi- tion in the same agency the duties of which will expire at the end of a term of 3 years or less, ex- cept that the appointee may not serve in one or more positions in the agency under such ap- pointment in excess of 3 years. (c) A limited term appointee or a limited emergency appointee may not be appointed to, or continue to hold, a position under such an ap- pointment if, within the preceding 48 months, the individual has served more than 36 months, in the aggregate, under any combination of such types of appointment. (d) A noncareer appointee in an agency— (1) may be reassigned to any general posi- tion in the agency for which the appointee is qualified; and (2) may transfer to a general position in an- other agency with the approval of the agency to which the appointee transfers. (e)(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily reassigned— (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 make an initial appraisal of the career appointee’s perform- ance under subchapter II of chapter 43. (2) Paragraph (1) of this subsection does not apply with respect to— (A) any reassignment 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. (3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other tem- porary assignment apart from such appointee’s regular position shall not be counted in deter- mining the number of days that have elapsed since an appointment referred to in subpara- graph (A) or (B) of such paragraph. (Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1163; amended Pub. L. 98–615, title III, § 304(a), Nov. 8, 1984, 98 Stat. 3218; Pub. L. 102–175, § 3, Dec. 2, 1991, 105 Stat. 1222.) Editorial Notes PRIOR PROVISIONS A prior section 3395, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to nonapplicability of part-time career employment opportunities program was renumbered as section 3405 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. AMENDMENTS 1991—Subsec. (e)(1)(B)(ii). Pub. L. 102–175, § 3(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘has the authority to reassign the ca- reer appointee.’’ Subsec. (e)(3). Pub. L. 102–175, § 3(2), added par. (3). 1984—Subsec. (a)(2). Pub. L. 98–615 designated existing provisions as subpar. (A), inserted exception relating to subpar. (B), and added subpar. (B). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–615 effective Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title. 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 an Effective Date note under section 3131 of this title. § 3396. Development for and within the Senior Executive Service (a) The Office of Personnel Management shall establish programs for the systematic develop- ment of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to estab- lish such programs which meet criteria pre- scribed by the Office. (b) The Office shall assist agencies in the es- tablishment of programs required under sub- section (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency’s program under sub- section (a) of this section is not in compliance with the criteria prescribed under such sub- section, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria. (c)(1) The head of an agency may grant a sab- batical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experi- ence which will contribute to the appointee’s de- velopment and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise enti- tled, credit for time or service, or performance Page 441 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3397 or efficiency rating. The head of the agency may authorize in accordance with chapter 57 of this title such travel expenses (including per diem allowances) as the head of the agency may de- termine to be essential for the study or experi- ence. (2) A sabbatical under this subsection may not be granted to any career appointee— (A) more than once in any 10-year period; (B) unless the appointee has completed 7 years of service— (i) in one or more positions in the Senior Executive Service; (ii) in one or more other positions in the civil service the level of duties and respon- sibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or (iii) in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Exec- utive Service; and (C) if the appointee is eligible for voluntary retirement with a right to an immediate annu- ity under section 8336 of this title. Any period of assignment under section 3373 of this title, relating to assignments of employees to State and local governments, shall not be considered a period of service for the purpose of subparagraph (B) of this paragraph. (3)(A) Any career appointee in an agency may be granted a sabbatical under this subsection only if the appointee agrees, as a condition of accepting the sabbatical, to serve in the civil service upon the completion of the sabbatical for a period of 2 consecutive years. (B) Each agreement required under subpara- graph (A) of this paragraph shall provide that in the event the career appointee fails to carry out the agreement (except for good and sufficient reason as determined by the head of the agency who granted the sabbatical) the appointee shall be liable to the United States for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the United States. (d)(1) The Office shall encourage and assist in- dividuals to improve their skills and increase their contribution by service in a variety of agencies as well as by accepting temporary placements in State or local governments or in the private sector. (2) In order to promote the professional devel- opment of career appointees and to assist them in achieving their maximum levels of pro- ficiency, the Office shall, in a manner consistent with the needs of the Government provide ap- propriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to— (A) sabbaticals; (B) training; or (C) details or other temporary assignments in other agencies, State or local governments, or the private sector. (Added Pub. L. 95–454, title IV, § 403(a), Oct. 13, 1978, 92 Stat. 1163; amended Pub. L. 102–175, § 4, Dec. 2, 1991, 105 Stat. 1223.) Editorial Notes PRIOR PROVISIONS A prior section 3396, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, which related to issuance of regu- lations, was renumbered as section 3406 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. AMENDMENTS 1991—Subsec. (d). Pub. L. 102–175 designated existing provisions as par. (1) and added par. (2). 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 an Effective Date note under section 3131 of this title. FEDERAL PROCUREMENT TRAINING Pub. L. 112–239, div. A, title XVI, § 1633(a), Jan. 2, 2013, 126 Stat. 2076, provided that: ‘‘Programs established for the development of senior executives under section 3396(a) of title 5, United States Code, shall include training with respect to Federal procurement require- ments, including contracting requirements under the Small Business Act (15 U.S.C. 631 et seq.).’’ § 3397. 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, § 403(a), Oct. 13, 1978, 92 Stat. 1164.) Editorial Notes PRIOR PROVISIONS A prior section 3397, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, which related to reports, was re- numbered as section 3407 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. A prior section 3398, added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1058, which related to representation by employee organizations of employees employed on a part-time career employment basis, was renumbered as section 3408 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226. 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 an Effective Date note under section 3131 of this title. CHAPTER 34—PART-TIME CAREER EMPLOYMENT OPPORTUNITIES Sec. 3401. Definitions. 3402. Establishment of part-time career employ- ment programs. 3403. Limitations. 3404. Personnel ceilings. 3405. Nonapplicability. 3406. Regulations. [3407. Repealed.] 3408. Employee organization representation. Editorial Notes AMENDMENTS 1995—Pub. L. 104–66, title III, § 3001(a)(2), Dec. 21, 1995, 109 Stat. 734, struck out item 3407 ‘‘Reports’’.