-CITE-

5 USC CHAPTER 75 - ADVERSE ACTIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

.

-HEAD-

CHAPTER 75 - ADVERSE ACTIONS

-MISC1-

SUBCHAPTER I - SUSPENSION OF (FOOTNOTE 1) 14 DAYS OR LESS

Sec.

7501. Definitions.

(FOOTNOTE 1) So in original. Does not conform to subchapter

heading.

7502. Actions covered.

7503. Cause and procedure.

7504. Regulations.

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

7511. Definitions; application.

7512. Actions covered.

7513. Cause and procedure.

7514. Regulations.

SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES

7521. Actions against administrative law judges.

SUBCHAPTER IV - NATIONAL SECURITY

7531. Definitions.

7532. Suspension and removal.

7533. Effect on other statutes.

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

7541. Definitions.

7542. Actions covered.

7543. Cause and procedure.

AMENDMENTS

1978 - Pub. L. 95-454, title II, Sec. 204(b), title IV, Sec.

411(1), Oct. 13, 1978, 92 Stat. 1137, 1173, substituted

''SUSPENSION OF 14 DAYS OR LESS'' for ''COMPETITIVE SERVICE'' in

subchapter I heading, substituted ''Definitions'' for ''Cause;

procedure; exception'' in item 7501, added items 7502 to 7504,

substituted ''REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION

IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS'' for ''PREFERENCE

ELIGIBLES'' in subchapter II heading, inserted ''; application'' in

item 7511, substituted ''Actions covered'' for ''Cause; procedure;

exception'' in item 7512, added items 7513 and 7514, substituted

''ADMINISTRATIVE LAW JUDGES'' for ''HEARING EXAMINERS'' in

subchapter III heading, substituted ''Actions against

administrative law judges'' for ''Removal'' in item 7521, and added

subchapter V heading and items 7541 to 7543.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2108, 2302, 3382, 9508 of

this title; title 6 section 293; title 7 section 7657; title 10

section 1612; title 29 section 783; title 31 section 732; title 39

section 1005; title 41 section 423; title 42 section 237.

-CITE-

5 USC SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

.

-HEAD-

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1134, substituted ''SUSPENSION FOR 14 DAYS OR LESS'' for

''COMPETITIVE SERVICE'' in subchapter heading.

-CITE-

5 USC Sec. 7501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

-HEAD-

Sec. 7501. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''employee'' means an individual in the competitive service

who is not serving a probationary or trial period under an

initial appointment or who has completed 1 year of current

continuous employment in the same or similar positions under

other than a temporary appointment limited to 1 year or less; and

(2) ''suspension'' means the placing of an employee, for

disciplinary reasons, in a temporary status without duties and

pay.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1134.)

-MISC1-

PRIOR PROVISIONS

A prior section 7501, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

527, related to removal or suspension without pay of an individual

in the competitive service and procedures applicable to such

removal or suspension, prior to repeal by Pub. L. 95-454, Sec.

204(a).

EFFECTIVE DATE

Subchapter effective 90 days after Oct. 13, 1978, see section 907

of Pub. L. 95-454, set out as an Effective Date of 1978 Amendment

note under section 1101 of this title.

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-376, Sec. 1, Aug. 17, 1990, 104 Stat. 461, provided

that: ''This Act (amending sections 4303, 7511, and 7701 of this

title and enacting provisions set out as notes under section 4303

of this title) may be cited as the 'Civil Service Due Process

Amendments'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7511, 7541 of this title.

-CITE-

5 USC Sec. 7502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

-HEAD-

Sec. 7502. Actions covered

-STATUTE-

This subchapter applies to a suspension for 14 days or less, but

does not apply to a suspension under section 7521 or 7532 of this

title or any action initiated under section 1215 of this title.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1135; amended Pub. L. 101-12, Sec. 9(a)(2), Apr. 10, 1989,

103 Stat. 35.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-12 substituted ''1215'' for ''1206''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,

1989, see section 11 of Pub. L. 101-12, set out as a note under

section 1201 of this title.

-CITE-

5 USC Sec. 7503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

-HEAD-

Sec. 7503. Cause and procedure

-STATUTE-

(a) Under regulations prescribed by the Office of Personnel

Management, an employee may be suspended for 14 days or less for

such cause as will promote the efficiency of the service (including

discourteous conduct to the public confirmed by an immediate

supervisor's report of four such instances within any one-year

period or any other pattern of discourteous conduct).

(b) An employee against whom a suspension for 14 days or less is

proposed is entitled to -

(1) an advance written notice stating the specific reasons for

the proposed action;

(2) a reasonable time to answer orally and in writing and to

furnish affidavits and other documentary evidence in support of

the answer;

(3) be represented by an attorney or other representative; and

(4) a written decision and the specific reasons therefor at the

earliest practicable date.

(c) Copies of the notice of proposed action, the answer of the

employee if written, a summary thereof if made orally, the notice

of decision and reasons therefor, and any order effecting (FOOTNOTE

1) the suspension, together with any supporting material, shall be

maintained by the agency and shall be furnished to the Merit

Systems Protection Board upon its request and to the employee

affected upon the employee's request.

(FOOTNOTE 1) So in original. Probably should be ''affecting''.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1135.)

-CITE-

5 USC Sec. 7504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS

-HEAD-

Sec. 7504. Regulations

-STATUTE-

The Office of Personnel Management may prescribe regulations to

carry out the purpose of this subchapter.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1135.)

-CITE-

5 USC SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN

14 DAYS, REDUCTION IN GRADE OR PAY, OR

FURLOUGH FOR 30 DAYS OR LESS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

.

-HEAD-

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1135, substituted ''REMOVAL, SUSPENSION FOR MORE THAN 14

DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS''

for ''PREFERENCE ELIGIBLES'' in subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2302, 4303, 7541,

7701, 9503 of this title; title 6 section 293; title 22 section

3701; title 39 section 1005.

-CITE-

5 USC Sec. 7511 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

-HEAD-

Sec. 7511. Definitions; application

-STATUTE-

(a) For the purpose of this subchapter -

(1) ''employee'' means -

(A) an individual in the competitive service -

(i) who is not serving a probationary or trial period under

an initial appointment; or

(ii) who has completed 1 year of current continuous service

under other than a temporary appointment limited to 1 year or

less;

(B) a preference eligible in the excepted service who has

completed 1 year of current continuous service in the same or

similar positions -

(i) in an Executive agency; or

(ii) in the United States Postal Service or Postal Rate

Commission; and

(C) an individual in the excepted service (other than a

preference eligible) -

(i) who is not serving a probationary or trial period under

an initial appointment pending conversion to the competitive

service; or

(ii) who has completed 2 years of current continuous

service in the same or similar positions in an Executive

agency under other than a temporary appointment limited to 2

years or less;

(2) ''suspension'' has the same meaning as set forth in section

7501(2) of this title;

(3) ''grade'' means a level of classification under a position

classification system;

(4) ''pay'' means the rate of basic pay fixed by law or

administrative action for the position held by an employee; and

(5) ''furlough'' means the placing of an employee in a

temporary status without duties and pay because of lack of work

or funds or other nondisciplinary reasons.

(b) This subchapter does not apply to an employee -

(1) whose appointment is made by and with the advice and

consent of the Senate;

(2) whose position has been determined to be of a confidential,

policy-determining, policy-making or policy-advocating character

by -

(A) the President for a position that the President has

excepted from the competitive service;

(B) the Office of Personnel Management for a position that

the Office has excepted from the competitive service; or

(C) the President or the head of an agency for a position

excepted from the competitive service by statute;

(3) whose appointment is made by the President;

(4) who is receiving an annuity from the Civil Service

Retirement and Disability Fund, or the Foreign Service Retirement

and Disability Fund, based on the service of such employee;

(5) who is described in section 8337(h)(1), relating to

technicians in the National Guard;

(6) who is a member of the Foreign Service, as described in

section 103 of the Foreign Service Act of 1980;

(7) whose position is within the Central Intelligence Agency or

the General Accounting Office;

(8) whose position is within the United States Postal Service,

the Postal Rate Commission, the Panama Canal Commission, the

Tennessee Valley Authority, the Federal Bureau of Investigation,

an intelligence component of the Department of Defense (as

defined in section 1614 of title 10), or an intelligence activity

of a military department covered under subchapter I of chapter 83

of title 10, unless subsection (a)(1)(B) of this section or

section 1005(a) of title 39 is the basis for this subchapter's

applicability;

(9) who is described in section 5102(c)(11) of this title; or

(10) who holds a position within the Veterans Health

Administration which has been excluded from the competitive

service by or under a provision of title 38, unless such employee

was appointed to such position under section 7401(3) of such

title.

(c) The Office may provide for the application of this subchapter

to any position or group of positions excepted from the competitive

service by regulation of the Office which is not otherwise covered

by this subchapter.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1135; amended Pub. L. 101-376, Sec. 2(a), Aug. 17, 1990, 104

Stat. 461; Pub. L. 102-378, Sec. 6(a), Oct. 2, 1992, 106 Stat.

1358; Pub. L. 103-359, title V, Sec. 501(l), Oct. 14, 1994, 108

Stat. 3430; Pub. L. 104-201, div. A, title XVI, Sec. 1634(b),

Sept. 23, 1996, 110 Stat. 2752.)

-REFTEXT-

REFERENCES IN TEXT

Section 103 of the Foreign Service Act of 1980, referred to in

subsec. (b)(6), is classified to section 3903 of Title 22, Foreign

Relations and Intercourse.

-MISC2-

PRIOR PROVISIONS

A prior section 7511, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

528; Pub. L. 94-183, Sec. 2(30), Dec. 31, 1975, 89 Stat. 1058,

defined ''preference eligible employee'' and ''adverse action'' for

purposes of this subchapter, prior to repeal by Pub. L. 95-454,

Sec. 204(a).

AMENDMENTS

1996 - Subsec. (b)(8). Pub. L. 104-201 substituted ''an

intelligence component of the Department of Defense (as defined in

section 1614 of title 10), or an intelligence activity of a

military department covered under subchapter I of chapter 83 of

title 10'' for ''the National Security Agency, the Defense

Intelligence Agency, the Central Imagery Office, or an intelligence

activity of a military department covered under section 1590 of

title 10''.

1994 - Subsec. (b)(8). Pub. L. 103-359 inserted ''the Central

Imagery Office,'' after ''Defense Intelligence Agency,''.

1992 - Subsec. (b)(7). Pub. L. 102-378, Sec. 6(a)(1), amended

par. (7) generally. Prior to amendment, par. (7) read as follows:

''whose position is with the Central Intelligence Agency, the

General Accounting Office, or the Veterans Health Services and

Research Administration;''.

Subsec. (b)(10). Pub. L. 102-378, Sec. 6(a)(2)-(4), added par.

(10).

1990 - Pub. L. 101-376 amended section generally. Prior to

amendment, section read as follows:

''(a) For the purpose of this subchapter -

''(1) 'employee' means -

''(A) an individual in the competitive service who is not

serving a probationary or trial period under an initial

appointment or who has completed 1 year of current continuous

employment under other than a temporary appointment limited to

1 year or less; and

''(B) a preference eligible in an Executive agency in the

excepted service, and a preference eligible in the United

States Postal Service or the Postal Rate Commission, who has

completed 1 year of current continuous service in the same or

similar positions;

''(2) 'suspension' has the meaning as set forth in section

7501(2) of this title;

''(3) 'grade' means a level of classification under a position

classification system;

''(4) 'pay' means the rate of basic pay fixed by law or

administrative action for the position held by an employee; and

''(5) 'furlough' means the placing of an employee in a

temporary status without duties and pay because of lack of work

or funds or other nondisciplinary reasons.

''(b) This subchapter does not apply to an employee -

''(1) whose appointment is made by and with the advice and

consent of the Senate;

''(2) whose position has been determined to be of a

confidential, policy-determining, policy-making or

policy-advocating character by -

''(A) the Office of Personnel Management for a position that

it has excepted from the competitive service; or

''(B) the President or the head of an agency for a position

which is excepted from the competitive service by statute.

''(c) The Office may provide for the application of this

subchapter to any position or group of positions excepted from the

competitive service by regulation of the Office.''

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1635 of Pub. L. 104-201, set out as a note under section 1593 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 6(b) of Pub. L. 102-378 provided that:

''(1) The amendments made by subsection (a) (amending this

section) shall apply with respect to any personnel action taking

effect on or after the date of enactment of this Act (Oct. 2,

1992).

''(2) In the case of an employee or former employee of the

Veterans Health Administration (or predecessor agency in name) -

''(A) against whom an adverse personnel action was taken before

the date of enactment of this Act,

''(B) who, as a result of the enactment of the Civil Service

Due Process Amendments (5 U.S.C. 7501 note) (Pub. L. 101-376),

became ineligible to appeal such action to the Merit Systems

Protection Board,

''(C) as to whom that appeal right is restored as a result of

the enactment of subsection (a), or would have been restored but

for the passage of time, and

''(D) who is not precluded, by section 7121(e)(1) of title 5,

United States Code, from appealing to the Merit Systems

Protection Board,

the deadline for bringing an appeal under section 7513(d) or

section 4303(e) of such title with respect to such action shall be

the latter of -

''(i) the 60th day after the date of enactment of this Act; or

''(ii) the deadline which would otherwise apply if this

paragraph had not been enacted.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-376 applicable with respect to any

personnel action taking effect on or after Aug. 17, 1990, see

section 2(c) of Pub. L. 101-376, set out as a note under section

4303 of this title.

EFFECTIVE DATE

Subchapter effective 90 days after Oct. 13, 1978, see section 907

of Pub. L. 95-454, set out as an Effective Date of 1978 Amendment

note under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2302 of this title; title

2 section 1602; title 10 section 1610; title 22 sections 1438,

3701; title 25 section 2012; title 32 section 709; title 39 section

1005; title 49 section 44506.

-CITE-

5 USC Sec. 7512 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

-HEAD-

Sec. 7512. Actions covered

-STATUTE-

This subchapter applies to -

(1) a removal;

(2) a suspension for more than 14 days;

(3) a reduction in grade;

(4) a reduction in pay; and

(5) a furlough of 30 days or less;

but does not apply to -

(A) a suspension or removal under section 7532 of this title,

(B) a reduction-in-force action under section 3502 of this

title,

(C) the reduction in grade of a supervisor or manager who has

not completed the probationary period under section 3321(a)(2) of

this title if such reduction is to the grade held immediately

before becoming such a supervisor or manager,

(D) a reduction in grade or removal under section 4303 of this

title, or

(E) an action initiated under section 1215 or 7521 of this

title.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1136; amended Pub. L. 101-12, Sec. 9(a)(2), Apr. 10, 1989,

103 Stat. 35.)

-MISC1-

PRIOR PROVISIONS

A prior section 7512, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

528, related to adverse action against a preference eligible

employee and procedures applicable to such adverse action, prior to

repeal by Pub. L. 95-454, Sec. 204(a).

AMENDMENTS

1989 - Par. (E). Pub. L. 101-12 substituted ''1215'' for

''1206''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,

1989, see section 11 of Pub. L. 101-12, set out as a note under

section 1201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3315, 5545a, 7121 of this

title; title 6 section 293; title 22 sections 1438, 3701; title 32

section 709; title 50 section 832.

-CITE-

5 USC Sec. 7513 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

-HEAD-

Sec. 7513. Cause and procedure

-STATUTE-

(a) Under regulations prescribed by the Office of Personnel

Management, an agency may take an action covered by this subchapter

against an employee only for such cause as will promote the

efficiency of the service.

(b) An employee against whom an action is proposed is entitled to

-

(1) at least 30 days' advance written notice, unless there is

reasonable cause to believe the employee has committed a crime

for which a sentence of imprisonment may be imposed, stating the

specific reasons for the proposed action;

(2) a reasonable time, but not less than 7 days, to answer

orally and in writing and to furnish affidavits and other

documentary evidence in support of the answer;

(3) be represented by an attorney or other representative; and

(4) a written decision and the specific reasons therefor at the

earliest practicable date.

(c) An agency may provide, by regulation, for a hearing which may

be in lieu of or in addition to the opportunity to answer provided

under subsection (b)(2) of this section.

(d) An employee against whom an action is taken under this

section is entitled to appeal to the Merit Systems Protection Board

under section 7701 of this title.

(e) Copies of the notice of proposed action, the answer of the

employee when written, a summary thereof when made orally, the

notice of decision and reasons therefor, and any order effecting an

action covered by this subchapter, together with any supporting

material, shall be maintained by the agency and shall be furnished

to the Board upon its request and to the employee affected upon the

employee's request.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1136.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1221, 7371, 9508 of this

title; title 38 section 7101A.

-CITE-

5 USC Sec. 7514 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS,

REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS

-HEAD-

Sec. 7514. Regulations

-STATUTE-

The Office of Personnel Management may prescribe regulations to

carry out the purpose of this subchapter, except as it concerns any

matter with respect to which the Merit Systems Protection Board may

prescribe regulations.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1137.)

-CITE-

5 USC SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES

.

-HEAD-

SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1137, substituted ''ADMINISTRATIVE LAW JUDGES'' for ''HEARING

EXAMINERS'' in subchapter heading.

-CITE-

5 USC Sec. 7521 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES

-HEAD-

Sec. 7521. Actions against administrative law judges

-STATUTE-

(a) An action may be taken against an administrative law judge

appointed under section 3105 of this title by the agency in which

the administrative law judge is employed only for good cause

established and determined by the Merit Systems Protection Board on

the record after opportunity for hearing before the Board.

(b) The actions covered by this section are -

(1) a removal;

(2) a suspension;

(3) a reduction in grade;

(4) a reduction in pay; and

(5) a furlough of 30 days or less;

but do not include -

(A) a suspension or removal under section 7532 of this title;

(B) a reduction-in-force action under section 3502 of this

title; or

(C) any action initiated under section 1215 of this title.

-SOURCE-

(Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92

Stat. 1137; amended Pub. L. 101-12, Sec. 9(a)(2), Apr. 10, 1989,

103 Stat. 35.)

-MISC1-

PRIOR PROVISIONS

A prior section 7521, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

528; Pub. L. 95-251, Sec. 2(a)(1), Mar. 27, 1978, 92 Stat. 183,

related to removal of an administrative law judge appointed under

section 3105 of this title, prior to repeal by Pub. L. 95-454, Sec.

204(a).

AMENDMENTS

1989 - Subsec. (b)(C). Pub. L. 101-12 substituted ''1215'' for

''1206''.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,

1989, see section 11 of Pub. L. 101-12, set out as a note under

section 1201 of this title.

EFFECTIVE DATE

Section effective 90 days after Oct. 13, 1978, see section 907 of

Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note

under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 559, 1305, 7502, 7512 of

this title; title 15 section 1715; title 29 section 661; title 30

section 823; title 38 section 7101A; title 39 section 3601; title

42 sections 2000e-4, 3608.

-CITE-

5 USC SUBCHAPTER IV - NATIONAL SECURITY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER IV - NATIONAL SECURITY

.

-HEAD-

SUBCHAPTER IV - NATIONAL SECURITY

-CITE-

5 USC Sec. 7531 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER IV - NATIONAL SECURITY

-HEAD-

Sec. 7531. Definitions

-STATUTE-

For the purpose of this subchapter, ''agency'' means -

(1) the Department of State;

(2) the Department of Commerce;

(3) the Department of Justice;

(4) the Department of Defense;

(5) a military department;

(6) the Coast Guard;

(7) the Atomic Energy Commission;

(8) the National Aeronautics and Space Administration; and

(9) such other agency of the Government of the United States as

the President designates in the best interests of national

security.

The President shall report any designation to the Committees on the

Armed Services of the Congress.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 528.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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5 U.S.C. 22-3. Aug. 26, 1950, ch.

823, Sec. 3, 64

Stat. 477.

-------------------------------

Paragraphs (1)-(8) are supplied on authority of former section

22-1, which is carried in part into section 7532. The references to

''the Foreign Service of the United States'' and ''several field

services'' are omitted as unnecessary since they are within the

agencies concerned. The words ''military departments'' are

substituted for the enumeration of the military departments in view

of the definition of ''military department'' in section 102.

The reference to the National Security Resources Board is omitted

as the Board was abolished by 1953 Reorg. Plan No. 3, Sec. 6, eff.

June 12, 1953, 67 Stat. 636.

Paragraph (9) is restated to conform to the style of this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

ABOLITION OF ATOMIC ENERGY COMMISSION

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-MISC5-

PANAMA CANAL AND PANAMA RAILROAD COMPANY

Ex. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the

provisions of former sections 22-1 and 22-3 of this title (see

Disposition Table preceding section 101 of this title) applicable

to the Panama Canal Government and to the Panama Canal Company.

-EXEC-

DESIGNATION OF NATIONAL SECURITY AGENCY, DEFENSE INTELLIGENCE

AGENCY, AND DEFENSE MAPPING AGENCY AS ''AGENCIES''

Memorandum of the President of the United States, May 23, 1988,

53 F.R. 26023, provided:

Memorandum for the Secretary of Defense

I have reviewed the personnel security requirements of the

National Security Agency, the Defense Intelligence Agency, and the

Defense Mapping Agency and the termination provisions of 5 U.S.C.

Section 7532. I have determined that these Agencies are sensitive

agencies and that it is in the best interests of national security

that they be designated ''agencies'' within the meaning of that

section.

Therefore, pursuant to the authority set forth in 5 U.S.C.

Section 7531(9), I hereby designate the National Security Agency,

the Defense Intelligence Agency, and the Defense Mapping Agency as

''agencies'' within the meaning of 5 U.S.C. Section 7532.

You are hereby authorized and directed to report these

designations to the Committees on Armed Services of the Congress

and to publish this memorandum in the Federal Register.

Ronald Reagan.

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5 USC Sec. 7532 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER IV - NATIONAL SECURITY

-HEAD-

Sec. 7532. Suspension and removal

-STATUTE-

(a) Notwithstanding other statutes, the head of an agency may

suspend without pay an employee of his agency when he considers

that action necessary in the interests of national security. To

the extent that the head of the agency determines that the

interests of national security permit, the suspended employee shall

be notified of the reasons for the suspension. Within 30 days

after the notification, the suspended employee is entitled to

submit to the official designated by the head of the agency

statements or affidavits to show why he should be restored to duty.

(b) Subject to subsection (c) of this section, the head of an

agency may remove an employee suspended under subsection (a) of

this section when, after such investigation and review as he

considers necessary, he determines that removal is necessary or

advisable in the interests of national security. The determination

of the head of the agency is final.

(c) An employee suspended under subsection (a) of this section

who -

(1) has a permanent or indefinite appointment;

(2) has completed his probationary or trial period; and

(3) is a citizen of the United States;

is entitled, after suspension and before removal, to -

(A) a written statement of the charges against him within 30

days after suspension, which may be amended within 30 days

thereafter and which shall be stated as specifically as security

considerations permit;

(B) an opportunity within 30 days thereafter, plus an

additional 30 days if the charges are amended, to answer the

charges and submit affidavits;

(C) a hearing, at the request of the employee, by an agency

authority duly constituted for this purpose;

(D) a review of his case by the head of the agency or his

designee, before a decision adverse to the employee is made

final; and

(E) a written statement of the decision of the head of the

agency.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 22-1 (less Aug. 26, 1950, ch.

3d-5th provisos). 803, Sec. 1 (less

3d-5th provisos),

64 Stat. 476.

July 29, 1958, Pub.

L. 85-568, Sec.

301(c), 72 Stat.

432.

-------------------------------

The application of this section is covered by the definition in

section 7531.

In subsection (a), the words ''Notwithstanding the provisions of

section 652 of this title'' are omitted but are carried into

section 7501(c). The words ''in his absolute discretion'' are

omitted as unnecessary in view of the permissive grant of

authority. The word ''reinstated'' is omitted as it is commonly

used in other statutes to denote action different from that

referred to here.

In subsections (b) and (c), the words ''remove'' and ''removal''

are coextensive with and substituted for ''terminate the

employment'', ''termination'', and ''employment is terminated'', as

appropriate.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3393, 3571, 7121, 7312,

7502, 7512, 7521, 7542 of this title; title 50 section 832.

-CITE-

5 USC Sec. 7533 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER IV - NATIONAL SECURITY

-HEAD-

Sec. 7533. Effect on other statutes

-STATUTE-

This subchapter does not impair the powers vested in the Atomic

Energy Commission by chapter 23 of title 42, or the requirement in

section 2201(d) of title 42 that adequate provision be made for

administrative review of a determination to dismiss an employee of

the Atomic Energy Commission.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 529.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 22-2. Aug. 26, 1950, ch.

803, Sec. 2, 64

Stat. 477.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See, also, Transfer of Functions notes set out under those

sections.

-CITE-

5 USC SUBCHAPTER V - SENIOR EXECUTIVE SERVICE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

.

-HEAD-

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7701 of this title;

title 38 section 7425.

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5 USC Sec. 7541 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 7541. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''employee'' means a career appointee in the Senior

Executive Service who -

(A) has completed the probationary period prescribed under

section 3393(d) of this title; or

(B) was covered by the provisions of subchapter II of this

chapter immediately before appointment to the Senior Executive

Service; and

(2) ''suspension'' has the meaning set forth in section 7501(2)

of this title.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 411(2), Oct. 13, 1978, 92

Stat. 1174.)

-MISC1-

EFFECTIVE DATE

Subchapter effective 9 months after Oct. 13, 1978, and

congressional review of provisions of sections 401 through 412 of

Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as a

note under section 3131 of this title.

-CITE-

5 USC Sec. 7542 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 7542. Actions covered

-STATUTE-

This subchapter applies to a removal from the civil service or

suspension for more than 14 days, but does not apply to an action

initiated under section 1215 of this title, to a suspension or

removal under section 7532 of this title, or to a removal under

section 3592 or 3595 of this title.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 411(2), Oct. 13, 1978, 92

Stat. 1174; amended Pub. L. 97-35, title XVII, Sec. 1704(d)(1),

Aug. 13, 1981, 95 Stat. 758; Pub. L. 101-12, Sec. 9(a)(2), Apr. 10,

1989, 103 Stat. 35.)

-MISC1-

AMENDMENTS

1989 - Pub. L. 101-12 substituted ''1215'' for ''1206''.

1981 - Pub. L. 97-35 inserted reference to section 3595 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-12 effective 90 days following Apr. 10,

1989, see section 11 of Pub. L. 101-12, set out as a note under

section 1201 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective June 1, 1981, with certain

exceptions and conditions, see section 1704(e) of Pub. L. 97-35,

set out as an Effective Date note under section 3595 of this title.

-CITE-

5 USC Sec. 7543 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart F - Labor-Management and Employee Relations

CHAPTER 75 - ADVERSE ACTIONS

SUBCHAPTER V - SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 7543. Cause and procedure

-STATUTE-

(a) Under regulations prescribed by the Office of Personnel

Management, an agency may take an action covered by this subchapter

against an employee only for misconduct, neglect of duty,

malfeasance, or failure to accept a directed reassignment or to

accompany a position in a transfer of function.

(b) An employee against whom an action covered by this subchapter

is proposed is entitled to -

(1) at least 30 days' advance written notice, unless there is

reasonable cause to believe that the employee has committed a

crime for which a sentence of imprisonment can be imposed,

stating specific reasons for the proposed action;

(2) a reasonable time, but not less than 7 days, to answer

orally and in writing and to furnish affidavits and other

documentary evidence in support of the answer;

(3) be represented by an attorney or other representative; and

(4) a written decision and specific reasons therefor at the

earliest practicable date.

(c) An agency may provide, by regulation, for a hearing which may

be in lieu of or in addition to the opportunity to answer provided

under subsection (b)(2) of this section.

(d) An employee against whom an action is taken under this

section is entitled to appeal to the Merit Systems Protection Board

under section 7701 of this title.

(e) Copies of the notice of proposed action, the answer of the

employee when written, and a summary thereof when made orally, the

notice of decision and reasons therefor, and any order effecting an

action covered by this subchapter, together with any supporting

material, shall be maintained by the agency and shall be furnished

to the Merit Systems Protection Board upon its request and to the

employee affected upon the employee's request.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 411(2), Oct. 13, 1978, 92

Stat. 1174; amended Pub. L. 97-35, title XVII, Sec. 1704(d)(2),

Aug. 13, 1981, 95 Stat. 758; Pub. L. 98-615, title III, Sec.

304(c), Nov. 8, 1984, 98 Stat. 3219.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-615 inserted reference to failure

to accept a directed reassignment or to accompany a position in a

transfer of function.

1981 - Subsec. (a). Pub. L. 97-35 substituted ''misconduct,

neglect of duty, or malfeasance'' for ''such cause as will promote

the efficiency of the service''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-615 effective Nov. 8, 1984, see section

307 of Pub. L. 98-615, set out as a note under section 3393 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective June 1, 1981, with certain

exceptions and conditions, see section 1704(e) of Pub. L. 97-35,

set out as an Effective Date note under section 3595 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3151, 3393 of this title;

title 10 section 1606; title 31 section 733.

-CITE-