§ 569. — Reemployment rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC569]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 37--UNITED STATES MARSHALS SERVICE
Sec. 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, Sec. 1211(a), Oct. 12, 1984, 98 Stat.
2163, Sec. 576; renumbered Sec. 569, Pub. L. 100-690, title VII,
Sec. 7608(a)(2)(B), Nov. 18, 1988, 102 Stat. 4514.)
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, Sec. 4(c), Sept. 6, 1966,
80 Stat. 620; amended Pub. L. 95-598, title II, Sec. 221, Nov. 6, 1978,
92 Stat. 2662; Pub. L. 96-417, title V, Sec. 501(12), Oct. 10, 1980, 94
Stat. 1742; Pub. L. 99-466, Sec. 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, Sec. 7608(a)(1). See
section 566 of this title.
Amendments
1988--Pub. L. 100-690 renumbered section 576 of this title as this
section.
Effective Date
Section 1212 of subpart B (Secs. 1211, 1212) of part F of chapter
XII of title II of Pub. L. 98-473 provided that: ``The amendments made
by this subpart [enacting this section] shall take effect on October 1,
1984.''
