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- sition for which the appointee is qualified if— (1) the appointee has successfully completed the probationary period established under sec- tion 3393(d) of this title; and (2) the appointee left the Senior Executive Service for reasons other than misconduct, ne- glect of duty, malfeasance, or less than fully successful executive performance as deter- mined 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, ne- glect 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 rein- stated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the ap- pointee is qualified if— (A) the individual was a career appointee on May 31, 1981; (B) the appointee was removed from the Sen- ior Executive Service under section 3595 of this title before October 1, 1984, due to a reduc- tion in force in that agency; (C) before the removal occurred, the ap- pointee successfully completed the proba- tionary period established under section 3393(d) of this title; and (D) the appointee applies for that vacant po- sition within one year after the Office receives certification regarding that appointee pursu- ant to section 3595(b)(3)(B) of this title. (2) A career appointee is entitled to appeal to the Merit Systems Protection Board under sec- tion 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. (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.) Editorial Notes AMENDMENTS 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 de- termined 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 re- certified as a senior executive under section 3393a’’ be- fore 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). 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. 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 ef- fective 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. 101–194 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 OF 1984 AMENDMENT Amendment by Pub. L. 98–615 effective following ex- piration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under sec- tion 3393 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective June 1, 1981, 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 con- gressional review of provisions of sections 401 through Page 458 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3594 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. § 3594. Guaranteed placement in other personnel systems (a) A career appointee who was appointed from a civil service position held under a career or ca- reer-conditional appointment (or an appoint- ment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Ex- ecutive Service during the probationary period under section 3393(d) of this title, shall be enti- tled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. (b) A career appointee who has completed the probationary period under section 3393(d) of this title, and who— (1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or (2) is removed from the Senior Executive Service under paragraph (4) or (5) of section 3595(b) of this title; shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. (c)(1) For purposes of subsections (a) and (b) of this section— (A) the position in which any career ap- pointee is placed under such subsections shall be a continuing position at GS–15 of the Gen- eral Schedule or classified above GS–15 pursu- ant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the ap- pointment held in the position from which the career appointee was appointed; (B) any career appointee placed under sub- section (a) or (b) of this section shall be enti- tled to receive basic pay at the highest of— (i) the rate of basic pay in effect for the position in which placed; (ii) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service im- mediately before being appointed to the Sen- ior Executive Service; or (iii) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this sec- tion; and (C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee. (2) An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this sub- section is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the em- ployee is placed. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1166; amended Pub. L. 98–615, title III, § 303(b), Nov. 8, 1984, 98 Stat. 3217; Pub. L. 101–194, title V, § 506(b)(5), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(E)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 102–378, § 2(16), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 107–296, title XIII, § 1321(a)(2)(C), Nov. 25, 2002, 116 Stat. 2297.) Editorial Notes REFERENCES IN TEXT GS–15 of the General Schedule, referred to in subsec. (c)(1)(A), is set out under section 5332 of this title. AMENDMENTS 2002—Subsec. (b)(1). Pub. L. 107–296, § 1321(a)(2)(C)(i), inserted ‘‘or’’ at end. Subsec. (b)(2). Pub. L. 107–296, § 1321(a)(2)(C)(ii), struck out ‘‘or’’ at end. Subsec. (b)(3). Pub. L. 107–296, § 1321(a)(2)(C)(iii), struck out par. (3) which read as follows: ‘‘is removed from the Senior Executive Service for failure to be re- certified under section 3393a;’’. 1992—Subsec. (c)(1)(A). Pub. L. 102–378 substituted ‘‘section 5108,’’ for ‘‘section 5108,,’’. 1990—Subsec. (c)(1)(A). Pub. L. 101–509 substituted ‘‘at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108,’’ for ‘‘at GS–15 or above of the General Schedule’’. 1989—Subsec. (b)(3). Pub. L. 101–194 added par. (3). 1984—Subsec. (b). Pub. L. 98–615 inserted provision re- lating to career appointees removed from the Senior Executive Service under section 3595(b)(4) or (5) of this title. 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 1990 AMENDMENT Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. 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 OF 1984 AMENDMENT Amendment by Pub. L. 98–615 effective following ex- piration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under sec- tion 3393 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. § 3595. Reduction in force in the Senior Execu- tive Service (a) An agency shall establish competitive pro- cedures for determining who shall be removed