Page:United States Statutes at Large Volume 92 Part 1.djvu/1219

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1165

(b) The analysis for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3385 the following: "SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE "Sec.

"3391. "3392. "3393. "3394. "3395. "3396. "3397.

Definitions. General appointment provisions. Career appointments. Noncareer and limited appointments. Reassignment and transfer witliin the Senior Executive Service. Development for and within the Senior Executive Service. Regulations.". RETENTION PREFERENCE

SEC. 404. (a) Section 3501(b) of title 6, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof: "or to a member of the Senior Executive Service.". (b) Chapter 35 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter:

,

"SUBCHAPTER V—KEMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE "§ 3591. Definitions 5 USC 3591. "For the purpose of this subchapter, 'agency', 'Senior Executive Service position', 'senior executive', 'career appointee', 'limited term appointee', 'limited emergency appointee', 'noncareer appointee', and 'general position' have the meanings set forth in section 3132(a) of this title.

Ante, p. 1155.

5 USC 3592. "(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 ^»te, p. 1161. "(2) at any time for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title.
 * § 3592. Removal from the Senior Executive Service

Post, p. 1167.

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 ^»te, p- 1138. 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

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