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5 U.S.C. § 3593 — Reinstatement in the Senior Executive Service

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=gr

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Source file: Laws/federal/codes/united-states-code/title-5/section-3593-reinstatement-in-the-senior-executive-service--1b99d7e48f.md
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Source location: Title 5, Chapter 35, § 3593; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3131 — The Senior Executive Service

It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to— (1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives; (2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals); (3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them; (4) recognize exceptional accomplishment; (5) enable the head of an agency to reassign senior executives to best accomplish the agency’s mission; (6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons; (7) protect senior executives from arbitrary or capricious actions; (8) provide for program continuity and policy advocacy in the management of public programs; (9) maintain a merit personnel system free of prohibited personnel practices; (10) ensure accountability for honest, economical, and efficient Government; (11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7701 — Appellate procedures

**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right— (1) to a hearing for which a transcript will be kept; and (2) to be represented by an attorney or other representative. Appeals shall be processed in accordance with regulations prescribed by the Board. **(b)** (1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management. (2) (A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless— (i) the deciding official determines that the granting of such relief is not appropriate; or (ii) (I) the relief granted in the decision prov

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3393 — Career appointments

**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from— (1) all groups of qualified individuals within the civil service; or (2) all groups of qualified individuals whether or not within the civil service. **(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including— (1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and (2) making written recommendations to the appropriate appointing authority concerning such candidates. **(c)** (1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee. (2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3151 — The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service

**(a)** The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the “FBI–DEA Senior Executive Service”). The regulations establishing the FBI–DEA Senior Executive Service shall— (1) meet the requirements set forth in section 3131 for the Senior Executive Service; (2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2); (3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted; (4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43; (5) provide for— (A) removal consistent with section 3592; (B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken; (C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out; (D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to whic

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3151

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3595 — Reduction in force in the Senior Executive Service

**(a)** An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title. **(b)** (1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim). (2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency. (3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency— (A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or (B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position. The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement. (4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Execut

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3595

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3393a — Repealed. Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296]

### Statutory Notes Section, added Pub. L. 101–194, title V, § 506(a)(1), Nov. 30, 1989, 103 Stat. 1756, related to recertification of career appointees. #### Effective Date of Repeal Repeal effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under [section 101 of Title 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section101&num=0&edition=prelim), Domestic Security.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3593 — Reinstatement in the Senior Executive

Page 457 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3593 (3) of this subsection, the career appointee shall have the right to appeal the removal from the Senior Execu- tive Service to the Merit Systems Protection Board under section 7701.’’ Subsec. (a)(3). Pub. L. 101–194, § 506(b)(3)(A)–(C), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of this title. EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional 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. SAVINGS PROVISION Pub. L. 107–296, title XIII, § 1321(b), Nov. 25, 2002, 116 Stat. 2297, provided that: ‘‘Notwithstanding the amend- ments made by subsection (a)(2)(A) [amending this sec- tion], 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 Ef- fective 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.’’ § 3593. Reinstatement in the Senior Executive Service (a) A former career appointee may be rein- stated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service po- si

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3593

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