5 U.S. Code § 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—
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under section 3595 of this title before October 1, 1984, due to a reduction in force in that agency;
(C) 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),Nov. 30, 1989, 103 Stat. 1758; Pub. L. 107–296, title XIII, § 1321(a)(2)(B),Nov. 25, 2002, 116 Stat. 2297.)
Amendments

2002—Subsec. (a)(2). Pub. L. 107–296added 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. 101–194struck 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. 98–615inserted “before October 1, 1984,”.
1981—Subsec. (c). Pub. L. 97–35added subsec. (c).
Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296effective 60 days after Nov. 25, 2002, see section 4 ofPub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Pub. L. 107–296, title XIII, § 1321(c),Nov. 25, 2002, 116 Stat. 2297, provided that: “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.”
Effective Date of 1989 Amendment

Amendment by Pub. L. 101–194effective Jan. 1, 1991, see section 506(d) ofPub. L. 101–194, set out as a note under section 3151 of this title.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–615effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 ofPub. L. 98–615, set out as a note under section 3393 of this title.
Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) ofPub. L. 97–35, set out as an Effective Date note under section 3595 of this title.

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

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

5 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


5 CFR - Administrative Personnel

5 CFR Part 317 - EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.