§ 3595. Reduction in force in the Senior Executive Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Pub. L. 97–35 title XVII § 1704(a)(1) · 95 Stat. 357

   Enacted · 5 U.S.C. § 3595

   Added Pub. L. 97–35, title XVII, § 1704(a)(1), Aug. 13, 1981, 95 Stat. 756

   Source evidence

   Code source credit
   Added Pub. L. 97–35, title XVII, § 1704(a)(1), Aug. 13, 1981, 95 Stat. 756

   Enacted provision · exact public law section
   (1) Chapter 35 of title 5, United States Code, relating to retention preference, restoration, and reemployment, is amended by redesignating section 3595 as section 3596 and by inserting after section 3594 the following new section: “§ 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 5 USC 4311. 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. “(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, is entitled to 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 and the civil service due to a reduction in force if— “(A) the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B); or “(B) subject to paragraph (5), the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 120 days after the Office receives certification regarding that appointee under paragraph (3)(B). “(5) An individual who was a career appointee on May 31, 1981, may be removed from the Senior Executive Service and the civil service due to a reduction in force after the 120-day period specified in paragraph (4)(B) only if the Director of the Office of Personnel Management certifies to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate, no later than 30 days prior to the effective date of such removal, that— “(A) the Office has taken all reasonable steps to place the career appointee in accordance with paragraph (3) of this subsection, and “(B) due to the highly specialized skills and experience of the career appointee, the Office has been unable to place the career appointee. “(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title— “(1) whether the reduction in force complies with the competitive procedures required under subsection (a), “(2) any removal under subsection (b)(4)(A), and “(3) in the event the career appointee is not placed under subsection (b)(3) of this section whether the Office of Personnel Management took all reasonable steps to achieve such placement. “(d) For purposes of this section, ‘reduction in force’ includes the “Reduction in force.” 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.”.

2. 1982

   Pub. L. 97–346 § 5(a) · 96 Stat. 1647

   1. Amended · 5 U.S.C. § 3595(b)(3)(B)

      Pub. L. 97–346, § 5(a), designated as cl. (i) existing provisions relating to placement in any agency in any vacant Executive Service position

   2. Added · 5 U.S.C. § 3595(b)(3)(B)

      Pub. L. 97–346, § 5(a), added cl. (ii)

   Source evidence

   Code amendment note
   Subsec. (b)(3)(B). Pub. L. 97–346, § 5(a), designated as cl. (i) existing provisions relating to placement in any agency in any vacant Executive Service position, and added cl. (ii).

   Enacted provision · exact public law section
   (a) Subparagraph (B) of section 3595(b)(3) of title 5, United 95 Stat. 756. States Code, is amended by inserting “(i)” after “entitled” and by inserting after “that position” the following: “or (ii) be detailed by the Office to any vacant Senior Executive Service position for which the Office deems the employee to be qualified in any agency for a period not to exceed 60 days, and be placed in such position by the Office after the period of such detail, unless the head of the agency determines that the career appointee is not qualified for such position.”.

3. 1982

   Pub. L. 97–346 § 5(b) · 96 Stat. 1647

   1. Amended · 5 U.S.C. § 3595(c)(3)

      Pub. L. 97–346, § 5(b), designated as subpar. (A) existing provisions relating to taking of all reasonable steps by Office of Personnel Management

   2. Added · 5 U.S.C. § 3595(c)(3)

      Pub. L. 97–346, § 5(b), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 97–346, § 5(b), designated as subpar. (A) existing provisions relating to taking of all reasonable steps by Office of Personnel Management, and added subpar. (B).

   Enacted provision · exact public law section
   (b) Paragraph (3) of section 3595(c) of such title is amended to read as follows: “(3) in the event the career appointee is not placed under subsection (b)(3) of this section— “(A) whether the Office of Personnel Management took all reasonable steps to achieve such placement, and “(B) the decision of an agency under subsection (b)(3)(B) of this section that the career appointee is not qualified to be placed in a position.”.

4. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 303(c)(1) · 98 Stat. 3195

   1. Struck · 5 U.S.C. § 3595(b)(3)(B)

      Pub. L. 98–615, § 303(c)(1), struck out the designation “(i)” before provisions relating to placement in any agency in any vacant Executive Service position

   2. Struck · 5 U.S.C. § 3595(b)(3)(B)

      Pub. L. 98–615, § 303(c)(1), struck out former cl. (ii), which had related to detailing by the Office of Personnel Management to any vacant Senior Executive Service position for which the Office deemed the employee to be qualified in any agency for a period not to exceed 60 days, and placement in such position by the Office after the period of such detail, unless the head of the agency determined that the career appointee was not qualified for such position

   Source evidence

   Code amendment note
   Subsec. (b)(3)(B). Pub. L. 98–615, § 303(c)(1), struck out the designation “(i)” before provisions relating to placement in any agency in any vacant Executive Service position, and struck out former cl. (ii), which had related to detailing by the Office of Personnel Management to any vacant Senior Executive Service position for which the Office deemed the employee to be qualified in any agency for a period not to exceed 60 days, and placement in such position by the Office after the period of such detail, unless the head of the agency determined that the career appointee was not qualified for such position.

   Enacted provision · exact public law section
   (1) in paragraph (3)(B), by striking out “is entitled” and all that follows thereafter through “position.” and inserting in lieu thereof “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.”; and

   Effective date note
   Amendment by section 303(c), (d) of Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, and amendment by section 304(b) of 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.

5. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 303(c)(2) · 98 Stat. 3195

   1. Struck · 5 U.S.C. § 3595(b)(4)

      Pub. L. 98–615, § 303(c)(2), struck out “and the civil service” after “removed from the Senior Executive Service”

   2. Struck · 5 U.S.C. § 3595(b)(4)

      Pub. L. 98–615, § 303(c)(2), struck out the designation “(A)” before “the career appointee declines”

   3. Redesignated · 5 U.S.C. § 3595(b)(4)

      Pub. L. 98–615, § 303(c)(2), substituted a period for the semicolon and “or” at the end thereof. Former subpar. (B) redesignated par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 98–615, § 303(c)(2), struck out “and the civil service” after “removed from the Senior Executive Service”, struck out the designation “(A)” before “the career appointee declines”, and substituted a period for the semicolon and “or” at the end thereof. Former subpar. (B) redesignated par. (5).

   Enacted provision · exact public law section
   (2) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(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).”.

   Effective date note
   Amendment by section 303(c), (d) of Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, and amendment by section 304(b) of 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.

6. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 303(c)(2) · 98 Stat. 3195

   1. Redesignated · 5 U.S.C. § 3595(b)(5)

      Pub. L. 98–615, § 303(c)(2), redesignated former par. (4)(B) as (5)

   2. Substituted · 5 U.S.C. § 3595(b)(5)

      Pub. L. 98–615, § 303(c)(2), substituted “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” for “subject to paragraph (5),”

   3. Substituted · 5 U.S.C. § 3595(b)(5)

      Pub. L. 98–615, § 303(c)(2), substituted “45 days” for “120 days”

   4. Struck · 5 U.S.C. § 3595(b)(5)

      Pub. L. 98–615, § 303(c)(2), struck out former par. (5), which had provided that persons who were career appointees as of May 31, 1981, could only be removed from the Senior Executive Service and the civil service due to a reduction in force after the 120-day period if the Director of the Office of Personnel Management certified to certain Congressional committees that the Office had taken all reasonable steps to place the appointee but had been unable to do so due to the appointee’s highly specialized skills and experience

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 98–615, § 303(c)(2), redesignated former par. (4)(B) as (5), substituted “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” for “subject to paragraph (5),”, substituted “45 days” for “120 days”, and struck out former par. (5), which had provided that persons who were career appointees as of May 31, 1981, could only be removed from the Senior Executive Service and the civil service due to a reduction in force after the 120-day period if the Director of the Office of Personnel Management certified to certain Congressional committees that the Office had taken all reasonable steps to place the appointee but had been unable to do so due to the appointee’s highly specialized skills and experience.

   Enacted provision · exact public law section
   (2) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(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).”.

   Effective date note
   Amendment by section 303(c), (d) of Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, and amendment by section 304(b) of 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.

7. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 303(d) · 98 Stat. 3195

   1. Struck · 5 U.S.C. § 3595(c)

      Pub. L. 98–615, § 303(d), struck out the designation “(1)” before “whether the reduction”

   2. Struck · 5 U.S.C. § 3595(c)

      Pub. L. 98–615, § 303(d), struck out pars. (2) and (3), which had provided, respectively, the right to appeal any removal under subsec. (b)(4)(A) and the right to appeal any nonappointment under subsec. (b)(3), and, in the event of such nonappointment, whether the Office of Personnel Management took all reasonable steps to achieve such placement and whether the agency correctly decided under subsec. (b)(3)(B) that the career appointee was not qualified for such placement

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–615, § 303(d), struck out the designation “(1)” before “whether the reduction”, and struck out pars. (2) and (3), which had provided, respectively, the right to appeal any removal under subsec. (b)(4)(A) and the right to appeal any nonappointment under subsec. (b)(3), and, in the event of such nonappointment, whether the Office of Personnel Management took all reasonable steps to achieve such placement and whether the agency correctly decided under subsec. (b)(3)(B) that the career appointee was not qualified for such placement.

   Enacted provision · exact public law section
   (d) Section 3595(c) of such title is amended to read as follows: “(c) A career appointee is entitled to appeal to the Merit Systems 5 USC 7701. Protection Board under section 7701 of this title whether the reduction in force complies with the competitive procedures required under subsection (a).”.

   Effective date note
   Amendment by section 303(c), (d) of Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, and amendment by section 304(b) of 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.

8. 1984

   Civil Service Retirement Spouse Equity Act of 1984

   Pub. L. 98–615 § 304(b) · 98 Stat. 3195

   Added · 5 U.S.C. § 3595(e)

   Pub. L. 98–615, § 304(b), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–615, § 304(b), added subsec. (e).

   Enacted provision · exact public law section
   (b) Section 3595 of such title is amended by adding at the end 5 USC 3595. thereof the following new subsection: “(e) The Office shall prescribe regulations under which the rights Regulations. 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 in the event of such a transfer.”. 5 USC 3503. 5 USC 7543.

   Effective date note
   Amendment by section 303(c), (d) of Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, and amendment by section 304(b) of 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.

17 of 17 references resolved to an enrolled provision