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§ 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.
(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.
(c)
(1)
A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—
before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and
(D)
the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title.
(2)
A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title any determination by the agency that the appointee is not qualified for a position for which the appointee applies under paragraph (1) of this subsection.
Source(Added Pub. L. 95–454, title IV, § 404(b),
Oct. 13, 1978
, 92 Stat. 1166; amended Pub. L. 97–35, title XVII, § 1704(b),
Aug. 13, 1981
, 95 Stat. 757; Pub. L. 98–615, title III, § 303(a),
Nov. 8, 1984
, 98 Stat. 3217; Pub. L. 101–194, title V, § 506(b)(4),
2002—Subsec. (a)(2). Pub. L. 107–296 added par. (2) and struck out former par. (2) which read as follows: “the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, less than fully successful executive performance as determined under subchapter II of chapter 43 of this title, or failure to be recertified as a senior executive under section 3393a.”
1989—Subsec. (a)(2). Pub. L. 101–194 struck out “or” after “malfeasance,” and inserted “, or failure to be recertified as a senior executive under section 3393a” before period at end.
1984—Subsec. (c)(1)(B). Pub. L. 98–615 inserted “before
October 1, 1984
,”.
1981—Subsec. (c). Pub. L. 97–35 added subsec. (c).
“The amendment made by subsection (a)(2)(B) [amending this section] shall not apply with respect to an individual who, before the effective date of this section [see note above], leaves the Senior Executive Service for failure to be recertified as a senior executive under section 3393a of title 5, United States Code.”
, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title.
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 a note under section 3131 of this title.