-CITE-
    5 USC CHAPTER 75 - ADVERSE ACTIONS                          01/03/2007

-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 (!1) 14 DAYS OR LESS         
    Sec.                                                     
    7501.       Definitions.                                           
    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.

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


-End-


-CITE-
    5 USC SUBCHAPTER I - SUSPENSION FOR 14 DAYS OR LESS         01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7501                                             01/03/2007

-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'."

-End-



-CITE-
    5 USC Sec. 7502                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7503                                             01/03/2007

-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 (!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.


-SOURCE-
    (Added Pub. L. 95-454, title II, Sec. 204(a), Oct. 13, 1978, 92
    Stat. 1135.)

-FOOTNOTE-
    (!1) So in original. Probably should be "affecting".


-End-



-CITE-
    5 USC Sec. 7504                                             01/03/2007

-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.)

-End-


-CITE-
    5 USC SUBCHAPTER II - REMOVAL, SUSPENSION FOR MORE THAN 14
           DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH
           FOR 30 DAYS OR LESS                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7511                                             01/03/2007

-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
          Regulatory 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 Government Accountability Office;
        (8) whose position is within the United States Postal Service,
      the Postal Regulatory 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; Pub. L. 108-271, Sec. 8(b), July 7, 2004,
    118 Stat. 814; Pub. L. 109-435, title VI, Sec. 604(b), (f), Dec.
    20, 2006, 120 Stat. 3241, 3242.)

-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.


-MISC1-
                             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                            
      2006 - Subsec. (a)(1)(B)(ii). Pub. L. 109-435, Sec. 604(b),
    substituted "Postal Regulatory Commission" for "Postal Rate
    Commission".
      Subsec. (b)(8). Pub. L. 109-435, Sec. 604(f), substituted "Postal
    Regulatory Commission" for "Postal Rate Commission".
      2004 - Subsec. (b)(7). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      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.

-End-



-CITE-
    5 USC Sec. 7512                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7513                                             01/03/2007

-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.)

-End-



-CITE-
    5 USC Sec. 7514                                             01/03/2007

-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.)

-End-


-CITE-
    5 USC SUBCHAPTER III - ADMINISTRATIVE LAW JUDGES            01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7521                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER IV - NATIONAL SECURITY                     01/03/2007

-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                 

-End-



-CITE-
    5 USC Sec. 7531                                             01/03/2007

-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                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    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.


-MISC2-
                 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.

-End-



-CITE-
    5 USC Sec. 7532                                             01/03/2007

-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. 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                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 22-1 (less      Aug. 26, 1950, ch. 803,     
                     3d-5th provisos).        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.

-End-



-CITE-
    5 USC Sec. 7533                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER V - SENIOR EXECUTIVE SERVICE               01/03/2007

-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              

-End-



-CITE-
    5 USC Sec. 7541                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7542                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 7543                                             01/03/2007

-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.

-End-