---
kind: "section"
citation: "5 U.S.C. § 3396"
title: "5"
title_heading: "Government Organization and Employees"
number: "3396"
heading: "Development for and within the Senior Executive Service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3396"
units:
  - "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"
---

# §3396. Development for and within the Senior Executive Service

- (a) The [Office](/usc/5/5402.md?p=3) of Personnel Management shall establish programs for the systematic development of candidates for the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) and for the continuing development of [senior executives](/usc/5/3132.md?p=a-3), or require [agencies](/usc/5/3132.md?p=a-1) to establish such programs which meet criteria prescribed by the [Office](/usc/5/5402.md?p=3).
- (b) The [Office](/usc/5/5402.md?p=3) shall assist [agencies](/usc/5/3132.md?p=a-1) in the establishment of programs required under [subsection (a)](#a) of this section and shall monitor the implementation of the programs. If the [Office](/usc/5/5402.md?p=3) finds that any [agency](/usc/5/3132.md?p=a-1)’s program under [subsection (a)](#a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the [agency](/usc/5/3132.md?p=a-1) 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](/usc/5/3132.md?p=a-1) may grant a sabbatical to any [career appointee](/usc/5/3132.md?p=a-4) 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](/usc/5/8401.md?p=18) of, or reduction in, [pay](/usc/5/7511.md?p=a-4), leave to which the [career appointee](/usc/5/3132.md?p=a-4) is otherwise entitled, credit for time or [service](/usc/5/8401.md?p=26), or performance or efficiency rating. The head of the [agency](/usc/5/3132.md?p=a-1) may authorize in accordance with [chapter 57](/usc/5/chptIII/sptD/ch57.md) of this title such travel expenses (including per diem allowances) as the head of the [agency](/usc/5/3132.md?p=a-1) may determine to be essential for the study or experience.
  - (2) A sabbatical under this subsection may not be granted to any [career appointee](/usc/5/3132.md?p=a-4)—
    - (A) more than once in any 10-year period;
    - (B) unless the appointee has completed 7 years of [service](/usc/5/8401.md?p=26)—
      - (i) in one or more [positions](/usc/5/5102.md?p=a-3) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26);
      - (ii) in one or more other [positions](/usc/5/5102.md?p=a-3) in the civil [service](/usc/5/8401.md?p=26) the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of [positions](/usc/5/5102.md?p=a-3) in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26); or
      - (iii) in any combination of such [positions](/usc/5/5102.md?p=a-3), except that not less than 2 years of such 7 years of [service](/usc/5/8401.md?p=26) must be in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26); and
    - (C) if the appointee is [eligible](/usc/5/4701.md?p=a-3) for voluntary retirement with a right to an immediate annuity under [section 8336 of this title](/usc/5/8336.md).

    Any period of assignment under [section 3373 of this title](/usc/5/3373.md), relating to assignments of [employees](/usc/5/4701.md?p=a-2) to [State](/usc/5/3371.md?p=1) and [local governments](/usc/5/3371.md?p=2), shall not be considered a period of [service](/usc/5/8401.md?p=26) for the purpose of subparagraph (B) of this paragraph.

  - (3)
    - (A) Any [career appointee](/usc/5/3132.md?p=a-4) in an [agency](/usc/5/3132.md?p=a-1) 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](/usc/5/8401.md?p=26) 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](/usc/5/3132.md?p=a-4) fails to carry out the agreement (except for good and sufficient reason as determined by the head of the [agency](/usc/5/3132.md?p=a-1) who granted the sabbatical) the appointee shall be liable to the [United States](/usc/5/7103.md?p=a-18) for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the [United States](/usc/5/7103.md?p=a-18).
- (d)
  - (1) The [Office](/usc/5/5402.md?p=3) shall encourage and assist individuals to improve their skills and increase their contribution by [service](/usc/5/8401.md?p=26) in a variety of [agencies](/usc/5/3132.md?p=a-1) as well as by accepting temporary placements in [State](/usc/5/3371.md?p=1) or [local governments](/usc/5/3371.md?p=2) or in the private sector.
  - (2) In order to promote the professional development of [career appointees](/usc/5/3132.md?p=a-4) and to assist them in achieving their maximum levels of proficiency, the [Office](/usc/5/5402.md?p=3) shall, in a manner consistent with the needs of the [Government](/usc/5/4101.md?p=3) provide appropriate informational [services](/usc/5/8401.md?p=26) and otherwise encourage [career appointees](/usc/5/3132.md?p=a-4) to take advantage of any opportunities relating to—
    - (A) sabbaticals;
    - (B) [training](/usc/5/4101.md?p=4); or
    - (C) [details](/usc/5/3701.md?p=2) or other temporary assignments in other [agencies](/usc/5/3132.md?p=a-1), [State](/usc/5/3371.md?p=1) or [local governments](/usc/5/3371.md?p=2), 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.)

## Notes

### 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.).”