PRIA Logo™
Title 5, Government Organization and EmployeesRelease 119-110

§3592 Removal From the Senior Executive Service

Title 5 › 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 › § 3592

Last updated Sep 22, 2026|Official source

Summary

A career Senior Executive Service (SES) employee can be moved down to a regular civil service job during the 1-year probation period or any time for performance that is not fully successful. If the move is for poor performance, the employee can ask for an informal hearing at least 15 days before the action. The hearing is before an official chosen by the Merit Systems Protection Board, and the employee may speak and present arguments. That hearing does not let the employee start a formal appeal to the Board under section 7701, and the removal does not have to wait because of the hearing. A career SES employee cannot be forced out within 120 days after the agency head is appointed or within 120 days after the appointment of the employee’s new immediate supervisor who is a noncareer appointee with removal power, unless the removal is covered by section 4314(b)(3) or the disciplinary action began before that appointment. Limited emergency, limited term, and noncareer appointees may be removed at any time.

Full Legal Text

Title 5, §3592

Government Organization and Employees, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–296, § 1321(a)(2)(A)(iv), 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.” Subsec. (a)(1). Pub. L. 107–296, § 1321(a)(2)(A)(i), inserted “or” at end. Subsec. (a)(2). Pub. L. 107–296, § 1321(a)(2)(A)(ii), struck out “or” at end. Subsec. (a)(3). Pub. L. 107–296, § 1321(a)(2)(A)(iii), struck out par. (3) which read as follows: “if the career appointee is not recertified as a senior executive under section 3393a,”. 1989—Subsec. (a). Pub. L. 101–194, § 506(b)(3)(D), 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.” Subsec. (a)(3). Pub. L. 101–194, § 506(b)(3)(A)–(C), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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.

Effective Date

of 1989 AmendmentAmendment 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

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.

Savings Provision

Pub. L. 107–296, title XIII, § 1321(b), Nov. 25, 2002, 116 Stat. 2297, provided that: “Notwithstanding the

Amendments

made by subsection (a)(2)(A) [amending this section], an appeal under the final sentence of section 3592(a) of title 5, 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.”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3592

Title 5, Government Organization and Employees

Last Updated

Sep 22, 2026

Release point: 119-110