§ 3592. Removal from the Senior Executive Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1978

   Pub. L. 95–454 title IV § 404(b) · 92 Stat. 1111

   Enacted · 5 U.S.C. § 3592

   Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165

   Source evidence

   Code source credit
   Added Pub. L. 95–454, title IV, § 404(b), Oct. 13, 1978, 92 Stat. 1165

   Enacted provision · exact public law section
   (b) Chapter 35 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: “SUBCHAPTER V— REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE “§3591. Definitions “For the purpose of this subchapter, ‘agency’, ‘Senior Executive Service position’, ‘senior executive’, ‘career appointee’, ‘limited term appointee’, ‘limited emergency appointee’, ‘noncareer appointee’, and ‘general position’ have the meanings set forth in section 3132 (a) of this title. Ante, p. 1155. “§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, or Ante, p. 1161. “(2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title. Post, p. 1167. 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 Ante, p. 1138. 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 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 Post, p. 1169. “(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. “§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 Ante, p. 1161. 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, or less than fully successful executive performance as determined under subchapter II of chapter 43 of this title. Post, p. 1167. “(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. “§3594. Guaranteed placement in other personnel systems “(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment 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 Executive Service during the probationary period under section 3393(d) of this title, shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency. “(b) A career appointee— “(1) who has completed the probationary period under section 3393(d) of this title; and “(2) who 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; 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 appointee is placed under such subsections shall be a continuing position at GS–15 or above of the General Schedule, or an equivalent position, and, in the case 5 USC 5332 note. 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 appointment held in the position from which the career appointee was appointed; “(B) any career appointee placed under subsection (a) or (b) of this section shall be entitled 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 immediately before being appointed to the Senior 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 section; 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 subsection 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 employee is placed. “§3595. Regulations “The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.”.

2. 1989

   Ethics Reform Act of 1989

   Pub. L. 101–194 § 506(b)(3)(D) · 103 Stat. 1716

   Inserted · 5 U.S.C. § 3592(a)

   Pub. L. 101–194, § 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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–194, § 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.”

   Enacted provision · exact public law section
   (D) by inserting at the end thereof the following: “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.”;

3. 1989

   Ethics Reform Act of 1989

   Pub. L. 101–194 § 506(b)(3)(A) · 103 Stat. 1716

   Added · 5 U.S.C. § 3592(a)(3)

   Pub. L. 101–194, § 506(b)(3)(A)–(C), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 101–194, § 506(b)(3)(A)–(C), added par. (3).

   Enacted provision · exact public law section
   (A) by striking “or” at the end of paragraph (1);

4. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1321(a)(2)(A)(iv) · 116 Stat. 2135

   Struck · 5 U.S.C. § 3592(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 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.”

   Source evidence

   Code amendment note
   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 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.”

   Enacted provision · exact public law section
   (iv) by striking the last sentence;

   Effective date note
   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, Domestic Security.

5. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1321(a)(2)(A)(i) · 116 Stat. 2135

   Inserted · 5 U.S.C. § 3592(a)(1)

   Pub. L. 107–296, § 1321(a)(2)(A)(i), inserted “or” at end

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 107–296, § 1321(a)(2)(A)(i), inserted “or” at end.

   Enacted provision · exact public law section
   (i) in paragraph (1), by inserting “or” at the end;

   Effective date note
   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, Domestic Security.

6. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1321(a)(2)(A)(ii) · 116 Stat. 2135

   Struck · 5 U.S.C. § 3592(a)(2)

   Pub. L. 107–296, § 1321(a)(2)(A)(ii), struck out “or” at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–296, § 1321(a)(2)(A)(ii), struck out “or” at end.

   Enacted provision · exact public law section
   (ii) in paragraph (2), by striking “or” at the end;

   Effective date note
   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, Domestic Security.

7. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 § 1321(a)(2)(A)(iii) · 116 Stat. 2135

   Struck · 5 U.S.C. § 3592(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (iii) by striking paragraph (3); and

   Effective date note
   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, Domestic Security.

7 of 7 references resolved to an enrolled provision