5 U.S.C. § 3593 — Reinstatement in the Senior Executive Service

(a) A former career appointee may return, without applying section 3393(b) and (c), to any qualified Senior Executive Service position if (1) the appointee completed the section 3393(d) probationary period and (2) left the Service for a reason other than misconduct, neglect of duty, malfeasance, or less-than-fully-successful executive performance under chapter 43, subchapter II.

(b) A career appointee appointed by the President to a civil-service position outside the Service is entitled to be placed in the Service if the appointee leaves that position for a reason other than misconduct, neglect of duty, or malfeasance and applies to the Office of Personnel Management within 90 days after leaving the presidential appointment.

(c)(1) A former career appointee must be reinstated to a vacant, qualified Service position in an agency if (A) the person was a career appointee on May 31, 1981; (B) the person was removed before October 1, 1984, under section 3595 because of a reduction in force; (C) the person had completed the probationary period before removal; and (D) the person applies within one year after the Office receives the section 3595(b)(3)(B) certification. (2) The appointee may appeal to the Merit Systems Protection Board under section 7701 an agency finding that the appointee is not qualified.