5 U.S.C. § 3592 — Removal from the Senior Executive Serv-

Page 456 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3591 the effort of the Federal Government to increase and improve its participation in international organiza- tions through transfers and details of well-qualified Federal employees, and shall develop policies, proce- dures, and programs consistent with this order to ad- vance and encourage such participation. SEC. 2. Federal agency cooperation. Each agency in the executive branch of the Federal Government shall to the maximum extent feasible and with due regard to its manpower requirements assist and encourage details and transfers of employees to international organiza- tions by observing the following policies and proce- dures: (1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employ- ees whose abilities and levels of responsibility in the Federal service are commensurate with those required to fill such vacancies. (2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a max- imum of three days for interview for a proposed detail or transfer at the formal request of an international or- ganization of a Federal official; an agency may approve official travel for necessary travel within the United States in connection with such an interview. (3) An agency, upon request of an appropriate author- ity, shall provide international organizations with de- tailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific posi- tions. (4) Upon return of an employee to his agency, the agency shall give due consideration to the employee’s overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed. SEC. 3. Delegations. (a) Except as otherwise provided in this order, there is hereby delegated to the Office of Personnel Management the authority vested in the President by sections 3582(b) and 3584 of title 5, United States Code. (b) The following are hereby delegated to the Sec- retary of State: (1) The authority vested in the President by sections 3343 and 3581 of title 5, United States Code, to deter- mine whether it is in the national interest to extend a detail or transfer of an employee beyond five years. (2) The authority vested in the President by section 3582(b) of title 5, United States Code, to define and specify ‘‘pay, allowances, post differential, and other monetary benefits’’ to be paid by the agency upon re- employment, disability, or death. SEC. 4. Revocation. Executive Order No. 10804 of Feb- ruary 12, 1959, is hereby revoked. SUBCHAPTER V—REMOVAL, REINSTATE- MENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE § 3591. Definitions For the purpose of this subchapter, ‘‘agency’’, ‘‘Senior Executive Service position’’, ‘‘senior ex- ecutive’’, ‘‘career appointee’’, ‘‘limited term ap- pointee’’, ‘‘limited emergency appointee’’, ‘‘non- career appointee’’, and ‘‘general position’’ have the meanings set forth in section 3132(a) of this title. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165.) Statutory Notes and Related Subsidiaries 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. § 3592. Removal from the Senior Executive Serv- ice (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 para- graph (2) of this subsection the career appointee shall, at least 15 days before the removal, be en- titled, upon request, to an informal hearing be- fore 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. (b)(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 im- mediate 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. (Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165; amended Pub. L. 101–194, title V, § 506(b)(3), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 107–296, title XIII, § 1321(a)(2)(A), Nov. 25, 2002, 116 Stat. 2297.) Editorial Notes AMENDMENTS 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 sub- section, the career appointee shall have the right to ap- peal the removal from the Senior Executive Service to the Merit Systems Protection Board under section 7701.’’ Subsec. (a)(1). Pub. L. 107–296, § 1321(a)(2)(A)(i), in- serted ‘‘or’’ at end. 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 3393a,’’. 1989—Subsec. (a). Pub. L. 101–194, § 506(b)(3)(D), in- serted at end ‘‘In the case of a removal under paragraph 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