28 U.S.C. § 569
Section 569 · Reemployment rights
Amended 2 times on record
Applied in 31 court decisions — leading case United States v. Kartman (1969)
Most recently applied in 725 F. Supp. 923 - United States v. Pauly (August 1989)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
Effective Date
Section 1212 of subpart B (§§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.”