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Title 28, Judiciary and Judicial ProcedureRelease 119-110

§569 Reemployment Rights

Title 28 › PART II — DEPARTMENT OF JUSTICE › CHAPTER 37 — UNITED STATES MARSHALS SERVICE › § 569

Last updated Sep 22, 2026|Official source

Summary

If a United States marshal who was hired from the competitive service is removed from the job for reasons other than misconduct, neglect of duty, or wrongdoing, they must be given a chance to take any open competitive-service position in the U.S. Marshals Service at the same or a lower grade or pay level, if they are qualified and they apply within 90 days of removal. They must be rehired within 30 days after they apply or after removal, whichever is later. If they are denied reemployment because they are not qualified, they can appeal to the Merit Systems Protection Board under section 7701 of title 5. A marshal serving when this law takes effect will finish the rest of their appointed term unless the President removes them sooner.

Full Legal Text

Title 28, §569

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in section 2102 of title 5) in the United States Marshals Service and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual’s former position if—
(1)the individual is qualified for the vacant position; and
(2)the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.
Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under section 7701 of title 5.
(b)Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this section, referred to in subsec. (b), is Oct. 1, 1984. See

Effective Date

note set out below.

Prior Provisions

A prior section 569, added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 620; amended Pub. L. 95–598, title II, § 221, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 96–417, title V, § 501(12), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 99–466, § 3(a), Oct. 14, 1986, 100 Stat. 1191, related to powers and duties generally and supervision by the Attorney General, prior to repeal by Pub. L. 100–690, § 7608(a)(1). See section 566 of this title.

Amendments

1988—Pub. L. 100–690 renumbered section 576 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2163, provided that: “The

Amendments

made by this subpart [subpart B (§§ 1211, 1212) of part F of chapter XII of title II of Pub. L. 98–473, enacting this section] shall take effect on October 1, 1984.”

Reference

Citations & Metadata

Citation

28 U.S.C. § 569

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110