§569. Reemployment rights

(a) A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in section 2102 of title 5) in the United States Marshals Service and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from such office, is entitled to be reemployed in any vacant position in the competitive service in the United States Marshals Service at the same grade or pay level, or lower, as the individual's former position if-

(1) the individual is qualified for the vacant position; and

(2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.

Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under section 7701 of title 5.

(b) Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.

(Added Pub. L. 98–473, title II, §1211(a), Oct. 12, 1984, 98 Stat. 2163 , §576; renumbered §569, Pub. L. 100–690, title VII, §7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514 .)

Editorial Notes

References in Text

The effective date of this section, referred to in subsec. (b), is Oct. 1, 1984. See Effective Date note set out below.

Prior Provisions

A prior section 569, added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 620 ; amended Pub. L. 95–598, title II, §221, Nov. 6, 1978, 92 Stat. 2662 ; Pub. L. 96–417, title V, §501(12), Oct. 10, 1980, 94 Stat. 1742 ; Pub. L. 99–466, §3(a), Oct. 14, 1986, 100 Stat. 1191 , related to powers and duties generally and supervision by the Attorney General, prior to repeal by Pub. L. 100–690, §7608(a)(1). See section 566 of this title.

Amendments

1988-Pub. L. 100–690 renumbered section 576 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–473, title II, §1212, Oct. 12, 1984, 98 Stat. 2163 , provided that: "The amendments made by this subpart [subpart B (§§1211, 1212) of part F of chapter XII of title II of Pub. L. 98–473, enacting this section] shall take effect on October 1, 1984."