--- kind: "section" citation: "5 U.S.C. § 3593" title: "5" title_heading: "Government Organization and Employees" number: "3593" heading: "Reinstatement in the Senior Executive Service" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/3593" units: - "Part III — Employees" - "Subpart B — Employment and Retention" - "Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment" - "Subchapter V — Removal, Reinstatement, and Guaranteed Placement in the Senior Executive Service" --- # §3593. Reinstatement in the Senior Executive Service - (a) A former [career appointee](/usc/5/3132.md?p=a-4) may be reinstated, without regard to [section 3393(b)](/usc/5/3393.md?p=b) and (c) of this title, to any [Senior Executive Service position](/usc/5/3132.md?p=a-2) for which the appointee is qualified if— - (1) the appointee has successfully completed the probationary period established under [section 3393(d) of this title](/usc/5/3393.md?p=d); and - (2) the appointee left the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance as determined under subchapter II of chapter 43. - (b) A [career appointee](/usc/5/3132.md?p=a-4) who is appointed by the President to any civil [service](/usc/5/8401.md?p=26) [position](/usc/5/5102.md?p=a-3) outside the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) and who leaves the [position](/usc/5/5102.md?p=a-3) for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) if the appointee applies to the [Office](/usc/5/5402.md?p=3) of Personnel Management within 90 days after separation from the Presidential appointment. - (c) - (1) A former [career appointee](/usc/5/3132.md?p=a-4) shall be reinstated, without regard to [section 3393(b)](/usc/5/3393.md?p=b) and (c) of this title, to any vacant [Senior Executive Service position](/usc/5/3132.md?p=a-2) in an [agency](/usc/5/3132.md?p=a-1) for which the appointee is qualified if— - (A) the individual was a [career appointee](/usc/5/3132.md?p=a-4) on May 31, 1981; - (B) the appointee was removed from the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) under [section 3595 of this title](/usc/5/3595.md) before October 1, 1984, due to a reduction in force in that [agency](/usc/5/3132.md?p=a-1); - (C) before the removal occurred, the appointee successfully completed the probationary period established under [section 3393(d) of this title](/usc/5/3393.md?p=d); and - (D) the appointee applies for that vacant [position](/usc/5/5102.md?p=a-3) within one year after the [Office](/usc/5/5402.md?p=3) receives certification regarding that appointee pursuant to [section 3595(b)(3)(B) of this title](/usc/5/3595.md?p=b-3-B). - (2) A [career appointee](/usc/5/3132.md?p=a-4) is entitled to appeal to the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) under [section 7701 of this title](/usc/5/7701.md) any determination by the [agency](/usc/5/3132.md?p=a-1) that the appointee is not qualified for a [position](/usc/5/5102.md?p=a-3) for which the appointee applies under paragraph (1) of this subsection. ## Source credit (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.) ## Notes ### 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 determined 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 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). ### 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, Domestic 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 effective 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 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. ### Effective Date Section effective 9 months after Oct. 13, 1978, and congressional 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.