5 U.S.C. § 3396 — Development for and within the Senior Executive Service
submitted 48 years ago by Pub. L. 95-454 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 633 words · no verdicts yet
The Office of Personnel Management must establish or require agencies to establish development programs for Senior Executive Service candidates and executives. It may oversee those programs and agencies may grant qualifying career appointees sabbaticals under stated conditions.
(a) The Office of Personnel Management must establish programs for systematically developing candidates for the Senior Executive Service and continuing to develop senior executives. It may instead require agencies to establish programs meeting criteria that the Office sets.
(b) The Office must help agencies establish the required programs and monitor their operation. If an agency’s program does not meet the criteria, the Office must require the agency to take the corrective action needed to comply.
(c)(1) An agency head may give a career appointee a sabbatical lasting no more than 11 months for study or unpaid work experience that will improve the appointee’s development and effectiveness. The sabbatical may not reduce the appointee’s pay, leave entitlement, service credit, or performance or efficiency rating. Under chapter 57 of this title, the agency head may authorize travel expenses, including per diem, that the head decides are essential to the study or experience. (2) A career appointee may not receive a sabbatical more than once in 10 years. The appointee must have completed 7 years of service in Senior Executive Service positions, equivalent civil-service positions, or a combination of them, and at least 2 of those years must be in the Senior Executive Service. The appointee may not receive one if eligible for voluntary retirement with an immediate annuity under section 8336 of this title. An assignment under section 3373 of this title to a State or local government does not count toward the 7 years. (3)(A) The appointee must agree to serve in the civil service for 2 consecutive years after the sabbatical. (B) The agreement must say that, unless the agency head finds a good and sufficient reason, an appointee who does not fulfill it owes the United States all sabbatical expenses, including salary. That amount is a debt to the United States.
(d)(1) The Office must encourage and help people improve their skills and contributions through service in different agencies and temporary placements with State or local governments or the private sector. (2) Consistent with the Government’s needs, the Office must provide information services and otherwise encourage career appointees to use opportunities involving (A) sabbaticals, (B) training, and (C) details or other temporary assignments with other agencies, State or local governments, or the private sector.
The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to establish such programs which meet criteria prescribed by the Office.
The Office shall assist agencies in the establishment of programs required under subsection (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency’s program under subsection (a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria.
The head of an agency may grant a sabbatical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experience which will contribute to the appointee’s development and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise entitled, credit for time or service, or performance 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 determine to be essential for the study or experience.
A sabbatical under this subsection may not be granted to any career appointee—
more than once in any 10-year period;
unless the appointee has completed 7 years of service—
in one or more positions in the Senior Executive Service;
in one or more other positions in the civil service the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or
in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Executive Service; and
if the appointee is eligible for voluntary retirement with a right to an immediate annuity 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.
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.
Each agreement required under subparagraph (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.
The Office shall encourage and assist individuals 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.
In order to promote the professional development of career appointees and to assist them in achieving their maximum levels of proficiency, the Office shall, in a manner consistent with the needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to—
sabbaticals;
training; or
details or other temporary assignments in other agencies, State or local governments, or the private sector.
Source credit: (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.)
- 1978Enacted · Pub. L. 95-454 · 92 Stat. 1163
- 1991Amended · Pub. L. 102-175 · 105 Stat. 1223
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-454 on 1978-10-13.
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