5 USC 3592 - Removal from the Senior Executive Service

U.S Code last checked for updates: Apr 28, 2024

§ 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

(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 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.

(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, § 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.)

cite as: 5 USC 3592