
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3593]

 
             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. 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, 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.

    (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.

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92 Stat. 
1166; amended Pub. L. 97-35, title XVII, Sec. 1704(b), Aug. 13, 1981, 95 
Stat. 757; Pub. L. 98-615, title III, Sec. 303(a), Nov. 8, 1984, 98 
Stat. 3217; Pub. L. 101-194, title V, Sec. 506(b)(4), Nov. 30, 1989, 103 
Stat. 1758.)


                               Amendments

    1989--Subsec. (a)(2). Pub. L. 101-194 struck 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. 98-615 inserted ``before October 1, 
1984,''.
    1981--Subsec. (c). Pub. L. 97-35 added subsec. (c).


                    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 expiration of 90-day 
period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98-615, set 
out as a note under section 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.
