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Title 5 — Government Organization and EmployeesRelease 119-73

§3396 Development for and within the Senior Executive Service

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER VIII— - APPOINTMENT, RE­ASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE › § 3396

Last updated Apr 6, 2026|Official source

Summary

The Office of Personnel Management (OPM) must create programs to train people for the Senior Executive Service and to keep senior executives improving. OPM can also require agencies to run programs that meet OPM’s rules. OPM must help agencies set up these programs and watch how they are carried out. If a program does not follow the rules, OPM must make the agency fix it. OPM must also encourage and help employees get experience in other agencies, in State or local government, or in the private sector, and provide information about sabbaticals, training, and temporary assignments. An agency head can give a career appointee a sabbatical for up to 11 months for unpaid study or work that helps their job. A sabbatical must not cut pay, leave, service credit, or performance ratings. The agency may pay travel expenses under chapter 57. A sabbatical may be used only once every 10 years, only after the person has 7 years of qualifying service (at least 2 of those years must be in the Senior Executive Service), and not if the person is eligible for voluntary retirement under section 8336. The employee must agree to work in the civil service for 2 straight years after the sabbatical. If they do not, they must repay all sabbatical costs (including salary) unless the agency head finds a good reason; that repayment is a debt to the United States.

Full Legal Text

Title 5, §3396

Government Organization and Employees — Source: USLM XML via OLRC

(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.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3396, added Pub. L. 95–437, § 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, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b) of Pub. L. 95–454, set out as an

Effective Date

note under section 3131 of this title. Federal Procurement Training Pub. L. 112–239, div. A, title XVI, § 1633(a), Jan. 2, 2013, 126 Stat. 2076, provided that: “Programs established for the development of senior executives under section 3396(a) of title 5, United States Code, shall include training with respect to Federal procurement requirements, including contracting requirements under the Small Business Act (15 U.S.C. 631 et seq.).”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3396

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73