
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3592]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
     CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
 
 SUBCHAPTER V--REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE 
                        SENIOR EXECUTIVE SERVICE
 
Sec. 3592. Removal from the Senior Executive Service

    (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,
        (2) at any time for less than fully successful executive 
    performance as determined under subchapter II of chapter 43 of this 
    title, or
        (3) if the career appointee is not recertified as a senior 
    executive under section 3393a,

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. 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 7701.
    (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 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.

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92 Stat. 
1165; amended Pub. L. 101-194, title V, Sec. 506(b)(3), Nov. 30, 1989, 
103 Stat. 1758.)


                               Amendments

    1989--Subsec. (a). Pub. L. 101-194, Sec. 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 7701.''
    Subsec. (a)(3). Pub. L. 101-194, Sec. 506(b)(3)(A)-(C), added par. 
(3).


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3151, 3393, 3393a, 7542 of 
this title; title 10 section 1606; title 31 section 733.
