
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3396]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
SUBCHAPTER VIII--APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN 
                      THE SENIOR EXECUTIVE SERVICE
 
Sec. 3396. Development for and within the Senior Executive 
        Service
        
    (a) 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.
    (b) 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.
    (c)(1) 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.
    (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 responsibilities 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 Executive Service; and

        (C) 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.
    (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 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.
    (d)(1) 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.
    (2) 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--
        (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, Sec. 403(a), Oct. 13, 1978, 92 Stat. 
1163; amended Pub. L. 102-175, Sec. 4, Dec. 2, 1991, 105 Stat. 1223.)


                            Prior Provisions

    A prior section 3396, added Pub. L. 95-437, Sec. 3(a), Oct. 10, 
1978, 92 Stat. 1057, which related to issuance of regulations, was 
renumbered as section 3406 of this title by Pub. L. 95-454, title IX, 
Sec. 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).

                  Section Referred to in Other Sections

    This section is referred to in section 3151 of this title; title 10 
section 1606; title 22 section 3984.
