Imágenes de páginas
PDF
EPUB

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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 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

(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 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 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 (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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1166.)

§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 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.

(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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1166.)

§ 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 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 posi tion 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. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1167.)

§3595. Regulations

The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1167.)

SUBCHAPTER VI-REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE

§ 3597. Reemployment following limited appointment in the Foreign Service

An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee's former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency. (Added Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2164.)

Subpart C-Employee Performance

Definitions.

CHAPTER 41-TRAINING

Exceptions; Presidential authority.

Establishment of training programs.

Government facilities; use of.

Non-Government facilities; use of.

Non-Government facilities; amount of training limited.
Non-Government facilities; restrictions.

Employee agreements; service after training.

Expenses of training.

Expenses of attendance at meetings.

Acceptance of contributions, awards, and other payments.
Absorption of costs within funds available.

Agency review of training needs; annual program reports.
Non-Government facilities; review of training programs.
Collection of training information.

Training program assistance.

Administration.
Regulations.

01. Definitions

or the purpose of this chapter

(1) "agency", subject to section 4102 of this title, means

(A) an Executive department;

(B) an independent establishment;

(C) a Government corporation subject to sections 846-852 or 856-859 of title 31;

(D) the Library of Congress;

(E) the Government Printing Office; and

(F) the government of the District of Columbia;

(2) "employee", subject to section 4102 of this title, means(A) an individual employed in or under an agency; and (B) a commissioned officer of the Environmental Science Services Administration;

(3) "Government" means the Government of the United States and the government of the District of Columbia;

(4) "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which are or will be directly related to the performance by the employee of official duties for the Government, in order to increase the knowledge, proficiency, ability, skill, and qualifications of the employee in the performance of official duties; (5) "Government facility" means property owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government; and

(6) "non-Government facility" means—

(A) the government of a State or of a territory or possession of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing;

(B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter; (C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization; (D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization; (E) individuals other than civilian or military personnel of the Government; and

(F) the services and property of any of the foregoing furnishing the training.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 432, amended Pub. L. 90-206, § 224 (a), Dec. 16, 1967, 81 Stat. 642.)

§ 4102. Exceptions; Presidential authority

(a) (1) This chapter does not apply to

(A) a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;

(B) the Tennessee Valley Authority; or

(C) an individual (except a commissioned officer of the National Oceanic and Atmospheric Administration) who is a member of a uniformed service during a period in which he is entitled to pay under section 204 of title 37.

(2) This chapter (except sections 4110 and 4111) does not apply to

(A) the Foreign Service of the United States; or

(B) an individual appointed by the President, unless the individual is specifically designated by the President for training under this chapter.

(b) The President, at any time in the public interest, may

(1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and

(2) withdraw an exception made under this subsection. However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 433, amended Pub. L. 90-83, § 1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 94-183, §2(11), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 382.)

§ 4103. Establishment of training programs

(a) In order to increase economy and efficiency in the operations of the agency and to raise the standards of performance by employees of

« AnteriorContinuar »