Page:United States Statutes at Large Volume 98 Part 3.djvu/846

 98 STAT. 3218 5 USC 3393. 5 USC 4311. Infra. 5 USC 3595.

5 USC 7701.

PUBLIC LAW 98-615—NOV. 8, 1984

"(b) A career appointee who has completed the probationary period under section 3393(d) of this title, and who— "(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or "(2) is removed from the Senior Executive Service under paragraph (4) or (5) of section 3595(b) of this title; shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.". (^) Section 3595(b) of such title is amended— (1) in paragraph (3)(B), by striking out "is entitled" and all that follows thereafter through "position." and inserting in lieu thereof "shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position."; and (2) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: "(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B). "(5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).". (d) Section 3595(c) of such title is amended to read as follows: "(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title whether the reduction in force complies with the competitive procedures required under subsection (a).". DIRECTED REASSIGNMENT; TRANSFER OF FUNCTION

SEC. 304. (a) Section 3395(a)(2) of title 5, United States Code, is amended to read as follows: "(2)(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment. "(B)(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee's commuting area unless— "(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee's preferences with respect to, the proposed reassignment; and "(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.

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