§ 3592. Removal from the Senior Executive Service

• (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,
• (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.