US Code

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

5 U.S.C. § 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)
section 3393(d) of this title the appointee has successfully completed the probationary period established under ; 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.
(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 ;
(B)
section 3595 of this title the appointee was removed from the Senior Executive Service under before , due to a reduction in force in that agency;
(C)
section 3393(d) of this title before the removal occurred, the appointee successfully completed the probationary period established under ; and
(D)
section 3595(b)(3)(B) of this title the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to .
(2)
section 7701 of this title A career appointee is entitled to appeal to the Merit Systems Protection Board under 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.

Pub. L. 95–454, title IV, § 404(b)92 Stat. 1166Pub. L. 97–35, title XVII, § 1704(b)95 Stat. 757Pub. L. 98–615, title III, § 303(a)98 Stat. 3217Pub. L. 101–194, title V, § 506(b)(4)103 Stat. 1758Pub. L. 107–296, title XIII, § 1321(a)(2)(B)116 Stat. 2297(Added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 107–2962002—Subsec. (a)(2). 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.”

Pub. L. 101–1941989—Subsec. (a)(2). struck out “or” after “malfeasance,” and inserted “, or failure to be recertified as a senior executive under section 3393a” before period at end.

Pub. L. 98–6151984—Subsec. (c)(1)(B). inserted “before ,”.

Pub. L. 97–351981—Subsec. (c). added subsec. (c).

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.

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

section 3393a of title 5“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 , United States Code.”
, , , provided that:

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 of 1984 Amendment

Pub. L. 98–615section 307 of Pub. L. 98–615section 3393 of this titleAmendment by effective following expiration of 90-day period beginning on , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–35section 1704(e) of Pub. L. 97–35section 3595 of this titleAmendment by effective , with certain exceptions and conditions, see , set out as an Effective Date 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 .