dreamproit/uscode huggingface dataset:
5 U.S.C. § 7503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7503. Cause and procedure
(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.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
heading: Information on Appeal Rights
text: Pub. L. 115–91, div. A, title X, § 1097(b)(2), Dec. 12, 2017, 131 Stat. 1617, provided that:
“(A) In general.—
Any notice provided to an employee under section 7503(b)(1), section 7513(b)(1), or section 7543(b)(1) of title 5, United States Code, shall include detailed information with respect to—
“(i) the right of the employee to appeal an action brought under the applicable section;
“(ii) the forums in which the employee may file an appeal described in clause (i); and
“(iii) any limitations on the rights of the employee that would apply because of the forum in which the employee decides to file an appeal.
“(B) Development of information.—
The information described in subparagraph (A) shall be developed by the Director of the Office of Personnel Management, in consultation with the Special Counsel, the Merit Systems Protection Board, and the Equal Employment Opportunity Commission.”
5 U.S.C. § 7504 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7504. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1135.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
5 U.S.C. § 7512 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7512. Actions covered
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,
(E) an action initiated under section 1215 or 7521 of this title, or
(F) a suitability action taken by the Office under regulations prescribed by the Office, subject to the rules prescribed by the President under this title for the administration of the competitive service.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136; amended Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35; Pub. L. 114–92, div. A, title X, § 1086(f)(9), Nov. 25, 2015, 129 Stat. 1010.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, § 204(a).
heading: Amendments
text: 2015—Par. (F). Pub. L. 114–92 added par. (F).
1989—Par. (E). Pub. L. 101–12 substituted “1215” for “1206”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: 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.
heading: Effective Date
text: 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.
5 U.S.C. § 7513 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7513. Cause and procedure
(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.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1136.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
5 U.S.C. § 7514 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7514. Regulations
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.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
5 U.S.C. § 7521 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7521. Actions against administrative law judges
(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.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92 Stat. 1137; amended Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 7521, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 528; Pub. L. 95–251, § 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, § 204(a).
heading: Amendments
text: 1989—Subsec. (b)(C). Pub. L. 101–12 substituted “1215” for “1206”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: 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.
heading: Effective Date
text: 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.
5 U.S.C. § 7533 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7533. Effect on other statutes
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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 529.)
text: 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, § 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.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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.
5 U.S.C. § 7541 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7541. Definitions
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 section 1599e of title 10; 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.
(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 114–92, div. A, title XI, § 1105(c)(5), Nov. 25, 2015, 129 Stat. 1024.)
heading: Editorial Notes
heading: Amendments
text: 2015—Par. (1)(A). Pub. L. 114–92 inserted “or section 1599e of title 10” after “this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.
5 U.S.C. § 7542 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7542. Actions covered
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.
(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(1), Aug. 13, 1981, 95 Stat. 758; Pub. L. 101–12, § 9(a)(2), Apr. 10, 1989, 103 Stat. 35.)
heading: Editorial Notes
heading: Amendments
text: 1989—Pub. L. 101–12 substituted “1215” for “1206”.
1981—Pub. L. 97–35 inserted reference to section 3595 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1989 Amendment
text: 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.
heading: Effective Date of 1981 Amendment
text: 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.
heading: Effective Date
text: Section 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.
5 U.S.C. § 7543 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7543. Cause and procedure
(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.
(Added Pub. L. 95–454, title IV, § 411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, § 1704(d)(2), Aug. 13, 1981, 95 Stat. 758; Pub. L. 98–615, title III, § 304(c), Nov. 8, 1984, 98 Stat. 3219.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: 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.
heading: Effective Date of 1981 Amendment
text: 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.
heading: Effective Date
text: Section 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.
5 U.S.C. § 7903 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 7903. Protective clothing and equipment
Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, “appropriations” includes funds made available by statute under section 9104 of title 31.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 531; Pub. L. 97–258, § 3(a)(16), Sept. 13, 1982, 96 Stat. 1063.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 118g.
Aug. 2, 1946, ch. 744, § 13, 60 Stat. 809.
The definition of the word “appropriations” is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Editorial Notes
heading: Amendments
text: 1982—Pub. L. 97–258 substituted “section 9104” for “section 849”.
5 U.S.C. § 8108 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in section 8107(c) of this title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if—
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 538; Pub. L. 90–83, § 1(51), Sept. 11, 1967, 81 Stat. 210.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 755(c).
Oct. 14, 1949, ch. 691, § 104 “Sec. 5(c)”, 63 Stat. 857.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S.Code)
Source (Statutes at Large)
8108
5 App.: 755(c).
July 4, 1966, Pub. L. 89–488, § 2(c), 80 Stat. 252.
heading: Statutory Notes and Related Subsidiaries
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.
5 U.S.C. § 8111 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8111. Additional compensation for services of attendants or vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational rehabilitation under section 8104 of this title additional compensation necessary for his maintenance, but not to exceed $200 a month.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 539; Pub. L. 90–83, § 1(54), Sept. 11, 1967, 81 Stat. 210; Pub. L. 93–416, § 7, Sept. 7, 1974, 88 Stat. 1145; Pub. L. 101–534, § 2, Nov. 7, 1990, 104 Stat. 2352.)
text: Historical and Revision Notes
1966 Act
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 756(b).
Oct. 14, 1949, ch. 691, § 105 “Sec. 6(b)”, 63 Stat. 858.
Sept. 13, 1960, Pub. L. 86–767, § 101 (less last 13 words), 74 Stat. 906.
In subsection (a), the words “In addition to the monthly compensation otherwise specified in sections 751–756, 757–871, 783–791, and 793 of this title” are omitted as surplusage.
In subsection (b), the words “pursuant to the Secretary’s direction” are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
text: 1967 Act
Section of title 5
Source (U.S.Code)
Source (Statutes at Large)
8111(a)
5 App.: 756(b)(1).
July 4, 1966, Pub. L. 89–488, § 4(a), 80 Stat. 253.
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–534 substituted “$1,500” for “$500”.
1974—Subsec. (a). Pub. L. 93–416, § 7(a), substituted “$500” for “$300”.
Subsec. (b). Pub. L. 93–416, § 7(b), substituted “$200” for “$100”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: Pub. L. 101–534, § 3, Nov. 7, 1990, 104 Stat. 2352, provided that: “The amendment made by section 2 [amending this section] shall take effect October 1, 1990.”
heading: Effective Date of 1974 Amendment
text: Amendment by Pub. L. 93–416 applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of Pub. L. 93–416, set out as a note under section 8101 of this title.
heading: Personnel Not Affected by 1967 Increase
text: Increases authorized under amendment by section 1(54) of Pub. L. 90–83 not applicable to specified personnel, see section 7 of Pub. L. 90–83, set out as a note under section 8103 of this title.