§ 3596. Regulations

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. 1978

   Pub. L. 95–454 title IV § 404(b) · 92 Stat. 1111

   Enacted · 5 U.S.C. § 3596

   Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1167, § 3595

   Source evidence

   Code source credit
   Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1167, § 3595

   Enacted provision · exact public law section
   (b) Chapter 35 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: “SUBCHAPTER V— REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE “§3591. Definitions “For the purpose of this subchapter, ‘agency’, ‘Senior Executive Service position’, ‘senior executive’, ‘career appointee’, ‘limited term appointee’, ‘limited emergency appointee’, ‘noncareer appointee’, and ‘general position’ have the meanings set forth in section 3132 (a) of this title. Ante, p. 1155. “§3592. Removal from the Senior Executive Service “(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 Ante, p. 1161. “(2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title. Post, p. 1167. except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before 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 Ante, p. 1138. 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 immediate 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 Post, p. 1169. “(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. “§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 Ante, p. 1161. 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; 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 of this title. Post, p. 1167. “(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. “§3594. Guaranteed placement in other personnel systems “(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment 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 Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. “(b) A career appointee— “(1) who has completed the probationary period under section 3393(d) of this title; and “(2) who 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; 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 appointee is placed under such subsections shall be a continuing position at GS–15 or above of the General Schedule, or an equivalent position, and, in the case 5 USC 5332 note. 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 appointment held in the position from which the career appointee was appointed; “(B) any career appointee placed under subsection (a) or (b) of this section shall be entitled to receive basic pay at the highest of— “(i) the rate of basic pay in effect for the position in which placed; “(ii) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or “(iii) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and “(C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee. “(2) An employee who is receiving basic pay under paragraph (1) (B) (ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1) (B) (i) of this subsection for the position in which the employee is placed. “§3595. Regulations “The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.”.

2. 1981

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

   Changed · 5 U.S.C. § 3596

   Pub. L. 97–35 renumbered section 3596 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 97–35 renumbered section 3596 of this title as this section.

   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 of 2 references resolved to an enrolled provision