(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.
(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.
2002—Subsec. (a). Pub. L. 107–296, § 1321(a)(2)(A)(iv), struck out last sentence which read as follows: “In the case of a removal under paragraph (3) of this subsection, the career appointee shall have the right to appeal the removal from the Senior Executive Service to the Merit Systems Protection Board under section
Subsec. (a)(2). Pub. L. 107–296, § 1321(a)(2)(A)(ii), struck out “or” at end.
Subsec. (a)(3). Pub. L. 107–296, § 1321(a)(2)(A)(iii), struck out par. (3) which read as follows: “if the career appointee is not recertified as a senior executive under section
1989—Subsec. (a). Pub. L. 101–194, § 506(b)(3)(D), inserted at end “In the case of a removal under paragraph (3) of this subsection, the career appointee shall have the right to appeal the removal from the Senior Executive Service to the Merit Systems Protection Board under section
Pub. L. 107–296, title XIII, § 1321(b),Nov. 25, 2002, 116 Stat. 2297, provided that: “Notwithstanding the amendments made by subsection (a)(2)(A) [amending this section], an appeal under the final sentence of section
3592(a) of title
5, United States Code, that is pending on the day before the effective date of this section [see Effective Date of 2002 Amendment note above]—
“(1) shall not abate by reason of the enactment of the amendments made by subsection (a)(2)(A); and
“(2) shall continue as if such amendments had not been enacted.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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