§ 3593. Reinstatement in the Senior Executive Service
(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—
(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—
(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;
(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.