US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 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)
section 3393(d) of this title during the 1-year period of probation under , or
(2)
at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title,
section 7701 of this titleexcept 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 , 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)
section 4314(b)(3) of this title any removal under ; 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.

Pub. L. 95–454, title IV, § 404(b)92 Stat. 1165Pub. L. 101–194, title V, § 506(b)(3)103 Stat. 1758Pub. L. 107–296, title XIII, § 1321(a)(2)(A)116 Stat. 2297(Added , , ; amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 107–296, § 1321(a)(2)(A)(iv)2002—Subsec. (a). , 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.”

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

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

Pub. L. 107–296, § 1321(a)(2)(A)(iii)Subsec. (a)(3). , struck out par. (3) which read as follows: “if the career appointee is not recertified as a senior executive under section 3393a,”.

Pub. L. 101–194, § 506(b)(3)(D)1989—Subsec. (a). , 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.”

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

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–296section 4 of Pub. L. 107–296section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Effective Date of 1989 Amendment

Pub. L. 101–194section 506(d) of Pub. L. 101–194section 3151 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Pub. L. 95–454Pub. L. 95–454section 3131 of this titleSection effective 9 months after , and congressional review of provisions of sections 401 through 412 of , see section 415(a)(1), (b), of , set out as a note under .

Savings Provision

Pub. L. 107–296, title XIII, § 1321(b)116 Stat. 2297

section 3592(a) of title 5“Notwithstanding the amendments made by subsection (a)(2)(A) [amending this section], an appeal under the final sentence of , United States Code, that is pending on the day before the effective date of this section [see Effective Date of 2002 Amendment note above]—
“(1)
shall not abate by reason of the enactment of the amendments made by subsection (a)(2)(A); and
“(2)
shall continue as if such amendments had not been enacted.”
, , , provided that: