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Title 5 — Government Organization and EmployeesRelease 119-73not60

§3593 Reinstatement in 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 › § 3593

Last updated Apr 3, 2026|Official source

Summary

Former career appointees can be returned to any Senior Executive Service (SES) job they are qualified for if they finished the probation required by section 3393(d) and left the SES for reasons other than misconduct, neglect of duty, malfeasance, or less than fully successful executive performance. This can happen even if the limits in sections 3393(b) and (c) would normally apply. A career appointee who was appointed by the President to a non‑SES civil service job and then left for the allowed reasons can be placed in the SES if they apply to the Office of Personnel Management within 90 days after leaving. Also, someone who was a career appointee on May 31, 1981 and was removed under section 3595 before October 1, 1984 because of a reduction in force may be reinstated to vacant SES jobs in their agency if they had completed probation before removal and apply within one year after OPM receives the certification required by section 3595(b)(3)(B). They may appeal a denial of qualification to the Merit Systems Protection Board under section 7701.

Full Legal Text

Title 5, §3593

Government Organization and Employees — Source: USLM XML via OLRC

(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)the appointee has successfully completed the probationary period established under section 3393(d) of this title; 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 May 31, 1981;
(B)the appointee was removed from the Senior Executive Service under section 3595 of this title before October 1, 1984, due to a reduction in force in that agency;
(C)before the removal occurred, the appointee successfully completed the probationary period established under section 3393(d) of this title; and
(D)the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to section 3595(b)(3)(B) of this title.
(2)A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a)(2). Pub. L. 107–296 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.” 1989—Subsec. (a)(2). Pub. L. 101–194 struck out “or” after “malfeasance,” and inserted “, or failure to be recertified as a senior executive under section 3393a” before period at end. 1984—Subsec. (c)(1)(B). Pub. L. 98–615 inserted “before October 1, 1984,”. 1981—Subsec. (c). Pub. L. 97–35 added subsec. (c).

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. Pub. L. 107–296, title XIII, § 1321(c), Nov. 25, 2002, 116 Stat. 2297, provided that: “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 section 3393a of title 5, United States Code.”

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

of 1984 AmendmentAmendment by Pub. L. 98–615 effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L. 98–615, set out as a note under section 3393 of this title.

Effective Date

of 1981 AmendmentAmendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an

Effective Date

note under section 3595 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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3593

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60